Backup Documents 04/16/2007 W-EDC
Board of County
Commissioners
Workshop
w/EDC
Meeting
BACK-UP DOCUMENTS
April 16, 2007
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Iiiiil Urban Land
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ECONOMIC DEVfLOPMfNT COlNClI.
un' -.--.-n-ofCollierCllunly,Fkwld.
Growing Great Ideas
Today's
Agenda
The Approach
The Market Today
The Process
The Program
The Action Plan
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The
Approach
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To develop a
comprehensive
solution to address
long-term housing
needs in Collier
County
- Incentive-based
- Economically sound
for public and private
sectors
- Create an environment
for economic
development success
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The Market
Today
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The
Process
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Long-term View
- Designed to
address the long-
term workforce
housing needs in
Collier County
Funding Sources
- Uncertainty does
not mean "do
nothing"
Public and Private Sector
Collaboration
Hundreds of volunteer hours
developing and reviewing
recommendations.
Focus groups reviewed and
validated.
County input and review fOl
additional oversight.
Best Practice Driven
Researched other best practices
in developing comprehensive
program.
Methodology and program
recommendations are now
receiving statewide recognition
<1S (l best practice
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The Program
Collier County
Housing Stimulus
Program
Iiiiil Urban Land
li!l!Ilnslilule
IOJI"!l t':3~lJ'S ~OU~
ecO\lO.wc DfVflOl'MfNT COUNCIL
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Growing Great Ideas
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The Program
Housing Fee
Payment
Assistance
Program
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\ I~ _un ~..~
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The Program
Transportation
Enhancement
Program
Impact Fee Deferrals
Current Collier County program
allows for 3% of total impact
fees collected to be allocated to
deferral program.
Recommendation is to increase
amount to 10% of total impact
fees collected.
Result will be an increase from
300 homes to 1.000 homes per
year in the affordable-workforce
housing program.
Program can be done
incrementally and with
dedicated funding source.
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The Program
Infrastructure
Investment
Program
The Progl am
Fast Track
Permitting
Program
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The Program
Affordable
Housing Density
Bonus
Key Points - Collier County
We have many attributes that make a "perfect storm"
against workforce housing:
Highest impact fees in Florida.
Some of the most expensive land.
Very limited supply of land in urban areas.
A strong bias toward low density.
Among the most difficult Clnd time consLlming permitting
processes in the United States.
A very desirable location for affluent second home buyers.
Very high stClndards cmd expectations for new development.
Few high wage job employers beyond our core industries.
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I The Action Plan
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I ,["September 2006: Board of County Commissioners
c"nW' agreed to support this initiative.
["Pctober - November 2006: Workforce Community Team
c,-rn!' I secured private sector funding for next stage.
, ",ijecember - April 2007: Team prepared policies and code
1 ,"I"'. amendments. in collaboration with county staff, to
implement recommendations.
,,,,,April 2007: Brought implementing policies and codes to
. 'IIIP'
I.' Board of County Commissioners to review.
June 2007: County staff brings implementing policies
and codes to Board of County Commissioners for
adoption.
We col!aborate to market these new tools to potential
workforce housing builders.
Iiiiil Urban Land
li!l!Ilnslitule
IOAJ.jle8Cerslil'lllIp
E<XlNOMIC Df\'l!LOfIMl'NT COUNCI.
-------- ofCoIlie<County,FIoIkII
Growing Great Ideas
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Iiiiil Urban Land
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ARTICLE IV. AFFORDABLE-WORKFORCE HOUSING IMPACT FEE DEFERRAL *
See. 711Q1. IFFlf'aet fee aeferral.Sec. 74-401. Housinl! Fee Pavment Assistance
Prol!Iants.
(A) Definitions:
ill "Housinl! Fee Payment Assistance Low Prol!ram" ("Low
Program") means a Collier County afford!!Qle-workforce housing: incentive orolfram
that provides for the deferral of impact fees for a IS-year period. prorated on an equal
amount per annum. and forgiveness of the impact fees after IS years. for aualified
owner-occupied or rental dwelling units.
~ "Housing Fee Payment Assistance GAP Program" ("Gap
Program") means a Collier County affordable-workforce housing incentive prol!ram
that provides for the deferral of impact fees for IS vears or until the housing unit is
resold or another repqyment event occurs. provided the homeowner remains eligitlIe.
(3) "Impact fees" means the fees for each type of public facility
established in sections 74-302.74-304 through 74-308.74-310 and 74-311.
(af-4) "Applicant" means either an individual or a developer who files an
application for participation in either the Low Prol!ram or Gap Program.
~Applicability.
ill f!1-Pursuant to the requirements established in this section and
article IV, the county shall defer the payment of the impact fee for any new owner-
occupied or rental development which qualifies as affordable-workforce housing under
this article.
~ ~Any person seeking an affordable-workforce housing deferral
for proposed development shall file with the county manager an application for
deferral, prior to receiving a building permit for the proposed development. The
application for deferral shall contain the following:
a. a,- The name and address of the applicant;
12.. Ir.-An up to date, complete legal description of the site upon
which the development is proposed to be located;
{BY ANWYKl00095012.DOCv [3)
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c. The ma;dmliFR ineeme level af fr~e Oi\'"RCr, or if the O'WE.cr is a ae7eleper er bailder}'
the ineeme le""lel ef the house-hold te '\";l~ieh tRe Q"C\"elling 1:1nit it te be seld Sf previded
for eeruflaney;
.c. 4--The square footage and number of bedrooms in each
dwelling unit of the development.
development:
.d.. The total number of dwellinl! units in the Droposed
.e. The total number of dwellinj? units set aside for sale or rental
to individuals or families who are income qualified oursuant to Section (0 or (D). as
applicabl~.
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Q) ~If the proposed development meets the requirements for an
affeFaaBle ll.alisingimpact fee deferral as set forth in this article, the county manager
m.ay, 9lit is Rat reEfl:iireEl. to,shall enter into an impact fee deferral agreement. provided
that the a~j?re\!ate amount of deferrals granted for the fiscal vear does not exceed the
amount set in subsection (f). and is authorized to execute such deferral agreements
along with any corresponding tri-party agreement intended to further define re-
payment obligations, as may be applicable, with the owner or applicant. The impact fee
deferral agreement shall be accepted by the county in lieu of prompt payment of
tf-.eimflaetthe impact fee that would otherwise then be due and payable but for the
agreement. The impact fee deferral a~reement may be combined with or amended to an
Affordable Housin!? Density Bonus Development A!?reement. entered into pursuant to
Section 2.06.04 of the Land Development Code. or an Al!reement implementinl! ~
Infrastruchue Investment Pro~am entered into oursuant to Article VI of the Code of
Laws and Ordinances.
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ill The applicant or owner of anv qpalityinl! owner-occupied or rental
dwellinj? unit may. at any time durinl! the life of an Impact Fee Deferral A~reement.
reo<!y the deferred impact fee. accordinfr to the reoavment terms soecified in subsection
(E) or (Fl. as applicable. and be released from the oblil!ations under the Al!reement.
UJlon such rE~pavment. the County will execute a release of lien and record same in the
public records of Collier County.
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fBj-!S:l.Qualifying owner-occupied dwelling. To qualify for an affeFaal3le ho~wing
impact fee deferral,--.as an affordable-workforce housing- owner-occupied dwelling unit
m.a.st meet all af, the following criteria must be met:
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{SY ANWYKl00095012.DOCv13}
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ill Low Pro~ram - The owner(s) or anticipated owner(s) of dweIJing
unit must have a very low. or low income level. at the time of final execution bv t~
county of a deferral a2:reement as those income level terms are defined in section 7~-
402.
i2,l (1) The OWTleF(S) ElF aRti.ei~atea ovmeF(s) of awelliRg 1:H1it HUlst
have a ',err lew, eF HlseleFateGap Pro2:ram - The owner(s) or anticinated owner(s) of
dwellin~ unit must have a Workforce or G'Ip income level, at the time of final execution
by the county of a deferral agreement as those income level terms are defined in section
74-402.
(~ID The monthly mortgage payment, including taxes and insurance.
and any homeowners' association or community association dues or snecial district
assessments. must not exceed 30 percent of that amount which represents the
percentage of the median annual gross income for the applicable household category as
indicated in section 74-702. However, it is not the intent to limit an individual
household's ability to devote more than 30 percent of its income for housing, and
housing for which a household devotes more than 30 percent of its income shall be
deemed affordable if the first institutional mortgage lender is satisfied that the
household can afford mortgage payments in excess of the 30 percent benchmark.
(~ A dwelling unit shall qualify as "owner-occupied" if:
a. a written affirmation from the developer to the county
guarantees that the requisite affordable housing units will be constructed, and
b. the affirmation is in effect at the date of execution of the
impact fee deferral agreement by the county, and
c. within six months from the date of issuance of the certificate
of occupancy or the execution of the affirmation, whichever is later, any option to
purchase is exercised and the purchaser takes ownership of the dwelling unit.
@ (4t-If the pHFehaserappIicant fails to j3Hrehases.ell the dwelling unit
to the targeted income-qualified class within three months after certificate of occupancy,
the applicant may sell the dwelling unit to an individual or family whose median
income is no more than 20 percent higher than the targeted income-qualified class. and
shall recertify same to the county, pursuant to paragraph (4\. above. If the applicant
subsequently fails to sell the dwelling unit to the targeted income-qualified class within
the six-month period described in para\!"rqph (4). above. then:
(SV ANWYKl00095012.DOCv13)
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.a... a.-the deferred impact fee is considered in default as of the
date that the fee would have been due without the deferral; and
b.. Ir.---the applicant shall pay all of the impact fees, including
aelinEjueney fees ar.d interest administrative costs. dating back to the date that the fees
would have been assessed but for the deferral as provided in section 74-501.
Cot (3) The 81\~er, or if trLere is more trLan eRe O\\'"Rerl beY=l 0f
the OV:llers, ffiiist be a first tilR€ home B1::1.yer. Te qHalify as a first time hom.e bayer, the
EJv."Rer fRMst Bet ha.,;o:e had ar. 0vmeFsmfl irJerest ir. hisfher primary resideRee in the past
three years.
!2l ~The dwelling unit must be the homestead of the owner(s). The
owner(s) of the dwelling unit must be at least 18 years of age and must be either
citizen(s) of the United States or be a legal alien who permanently resides in the United
States. Proof of United States Citizenship or permanent legal residency must be
established to the county's sole satisfaction. The dwelling unit must be granted a
homestead tax exemption pursuant to Chapter 196, Florida Statutes.
(7) P.lo mere thaR 39 deferral agreements are penmttea at any single time fer ttrL
indi7idual ae7eleper, or for MlY ae"'/elopmrnts that Me uFlder eeHlBl0R
o'.."Rership. Fe! purposes Elf this sooseeaoFl, "eoFRmGF1 o'\"Rershifl" FReans
ovmersmp by froe same plers0R, eorporaaoll, firm., entity, rartnersflip, or
l:lfii.ne8rporarea ass0eiatioR; or (J\\'Re~sll:ip by differeFlt eorperatioFls, firms,
parmeI'sFtips, eRtities, or Hiri.-rL€OFfJerated assoeiatiof\s, in 'flhieh a stockbrelter,
parmer, or associate, 8r a m.emeer 8f his ~i1y O:'\\",Yl.S an ir~terest in ea&~
eel"f18ratioR, firm., parmership, eRaty, or llllincoFfJsrated. asseeiatioFl.~
t4-J;aQualifying rental dwellings. To qualify for an impact fee deferral, a dwelling unit
offered for rent must meet all of the following criteria:
ill fB-The household renting the dwelling unit, including any multi-
family dwelling unit, must have a very low or low income level, at the commencement
of the leasehold ar.d daring the aaratisR tT.ereef, as those terms are defined in section
74-402.
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~ The dwelling unit must be the household's permanent residence.
The head of the household must be at least 18 years of age and must be either a citizen
of the United States or be a legal alien who permanently resides in the United States.
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{BV ANWYK/OOO95012.DOCv13}
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ill In no instance shall rental limits exceed the rental limits established
by the Florida Housing Finance Corporation for rents adjusted to bedroom size in
projects assisted under the; Florida Housing Finance Corporation or any other local,
state, or federal agency, based on unit size.
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(E) Repayment for owner-occupied units in the Low Pro'lram.
ill (1) .A.llThe amount of the impact fees deferred for owner-occupied
dwelling unit at the time. prorated on an equal amount per annum beginnin~ with the
date on which the building permit was issued. shall become due and payable and shall
be immediately paid in full to the county upon occurrence of anv of the following
events prior to the expiration of the 15-vear deferral period under the imnact fee
deferral agreement:
a.
individual or familx.;
a.--The sale of the dwellingi-ffi' to a non-income quality-ing
12. Ir.--Refinancing of the purchase mortgage or loans secured
by senior real property security instruments; or
c.. e,--A loss of the homestead exemption under Section 4,
Article X of the State Constitution.
m Notwithstandinl!: anything in this Dara~raph (E)(1)b. of this section
74-401. the director of the financial administration and housinl!: department of
community development and environmental services division mav waive the tri~l!erin~
of the oblil!ation to pav deferred impact fees due to a refinancin~ if the c1irecto;
determines that the refinancin~ is for improvements or repairs to the dweIJin~ that will
enhance the value of the dwellin~. is for the Durpose of reducin~ the interest rate or
pavment amount of the mortl!:age. or to generate funds for educational costs. and is of
such a nature as not to iustity- that the deferred impact fees should become due and
payable because of the refinancing.
(F) Reva]/ment for owner-occupied units in the Gap Pro,?ram
ill All impact fees deferred for owner-occupied dwellinl!: unit at the
time the building permit was issued shall become due and payable and shall ~
immediately naid in full to the county unon:
{SV ANWYKlOOO950t2.DOCv13}
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a... The sale of the dwel!inl2: to a non-income qualified
individual during the first 15 vears after exeClltion of the deferral agreement:
h. The sale of the dwelling- after 15 years from the execution of
the deferral ae:reement:
l:.. Refinancine: of the purchase mortgae:e or loans seCllred ~
senior real property security instruments:
.d. A loss of the homestead exemption under Section 4. Article
X of the State Constitution: or
e. 4--The first OCCllrrence of any sale or transfer of any part of
the affected real property, and in any such event the deferred impact fees shall be paid
in full to the county not later then the closing of the sale, or not later then the effective
date of the transfer.
m (2) Re]J~yment shall include administrative costs associated with
the oro~ram. ar.y aeerueel interest. Interest shall ee eOH\flMted at the rate at fiye pereeRt
fJer antTam, bat He event s1l.all it eneeea 28 percent €If the tetal fee amou.nt.
ill (3) Notwithstanding anything in this suBseeeeR (dparae:raph
!E)(1)l:.. of this section 74-401, the director of the financial administration and housing
department of community development and environmental services division may
waive the triggering of the obligation to pay deferred impact fees due to a refinancing if
the director determines that the refinancing is for improvements or repairs to the
dwelling that will enhance the value of the dwelling, is for the pU1;pose of reducing the
interest rate or pavment amount of the mortgage. or is to ~enerate funds for educational
costs. and is of such a nature as not to justify that the deferred impact fees should
become due and payable because of the sale, tnmsfer, or refinancing.
(eG) Repayment for rental dwelling units. Deferred impact fees for rental
dwelling units, including any multi-family dwelling units, single-family detached
houses, modular homes (also known as residential manufactured buildings) and mobile
homes (also known as manufactured homes) as defined in section 74-108 of this chapter,
shall in all eTleFlts be due ar.a f'ayable Ret later trLan SHe years ana mr.e fFleFlths after the
CJ(eeuti0R of the impact ~ee def..eNal agreement by tl-.e (elmt)'". ~Mer. kes sl:t.all be
accelerated and a-bltC:)lnatieally he due and payable fll'i0rt€l tT.at tinle peaea if tr.ere is
any hread'. 0f the sblbjeet impact ke deferFal agreemeFlt fuy the HGR CBWlty pa:rty.
become immediately due and oavable in full to the county upon occurrence of the
following:
{SV ANWYKl00095012.DOCv13)
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ill Rental of the dwellinQ" to a non-income auali{yinlf individual or
familv prior to the expiration of the IS-vear impact fee deferral agreement:
@ Such fees shall be accelerated and automaticallv be due anq
payable prior to the time period specified in oara2:raph (1) if there is any brea~h~f ~~e
~1,!biect impact fee deferral a~reement by the non-county Darty.
(ill) Repayment obligations.
ill (1) Generally. The impact fees deferred shall be a lien on the
property until all requirements under this article and the agreement have been satisfied.
@ (2) RmtRls. Rentals.
a. 30 davs prior to each income-oualified tenant's annual lease
anniversarY date. the owner (i.e.. lessor) of a rental dwellin? unit. including ::: ~~:~
familv dweIlin2: unit."lITIall verifv the income of each income-qualified r:
uoon the renter's submission of W-2 forms. completed income tax returns or ~h:r
evidence of income.
.b. Upon completion of verification. if the owner !lessor)
determines that the income of anv unit renter which originally qualified ex~e~~: ~~
standards set forth in subsection (d)(}) bv more than 40 percent. then the owner s
shall:
1. For multi-familv develooments with less than 100
percent of the units in the development receiving imoact fee deferment.
a. Lease the next available unit of a cOrnparaQJe
size in the development to a new income-qualified renter to preserve the impact f~;
deferral: or
b. Reoay the ororated amount of the impact fee.
ii. For multi-family developments with 100 percent of
the units in the development or single units receiving impact fee deferment. th~ ;~~t~;
will continue to be considered income qualified provided the owner !lessor):
a. Continuouslv rents dwellin~ units only to
income-aualified families. Non-conformance with this orovision will require the owner
[SV ANWYK/00095012.DOCv13) 7
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(lessor) to repay all fees for units occupied by families whose incomes exceed ~
standards set forth in subsection (D)(l) bv more than 40 percent: or
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b. Does not allow the percenta~e of dwelling
units occupied by families with incomes less than the standards set forth in subsection
LD)(1) to be less than 40 percent. Non-conformance with this provision will require the
owner (lessor) to repay fees on the number of units necessaJ;y to brin\! the remaining
development into compliance with paragraph (H\l2)a.& b. of this ordinance.
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~ J.. ~'\nRHallrJ the OYXFler (i.e., lessor) of a reNtal 8.1\reIHr:.g
b1flit, ineHl.aing ar.y anila family a'welliRg unit, sAall The owner (lessor) must annually
provide to the county manager an affidavit af esmpliar.ee v..it!'. tfle criteria set fortfl in
this seeGaR.certifyin\! that he or she is maintainin\! the number of units leased to
income-qualified renters in compliance with subsections (2)a. or b. above. as auplicab!~
The affidavit must be filed within 30 days of the anniversary date of the issuance of a
certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to the
county a $50.00 late fee.e. If tHe ir.came af any unit rEJRter ""WeB. origi.-.aUy "lHalifiea as
'"{ery IfH\T or IEn,? m€ome level as defined ir~ section. 74. 4Q2 beloJt\y E)(eeeds the stan.dards
set {ann in subsectioFL (e) by more thar. 4.Q pereeFlt, fr.eFl the deferred impact Fee GRall
beeome immediately able ar.d payable by the 0Y.Tl.er or, ir. fr.e aHemati""l€, tr.e Ov.;Jler
shalJ. B.aye 99 days te eemply witi-. tRe affordaele !:Ioasing stafu4aras set ferth ifl tRia
seeaeR. DevEJle}3meRts wWffi are t!'.en For developments whi~h are monitored by the
Florida Housing Finance Corporation, or any other state or federal agency, the owner
will not be required to file this separate affidavit of compliance with the county
manager. The applieantFor those developments. the owner shall provide a true copy of
tlIesethe monitoring reports to the County Department of Financial Administration and
Housing. Further. the owner shall maintain accurate and comulete records to document
compliance with the requirements of this ordinance. and \!rant the County access to
those records to audit compliance. ~iven reasonable notice and at reasonable hours.
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Ql ~Owner-occupied dwelling units. If the household income of the
qualified owner-occupied dwelling unit rises above the standards for deferrals set forth
in subsection (b) of this Section, the owner shall maintain the deferraL Notwithstanding
the foregoing, for dweIIin~ units in the Gap Program. all outstanding impact fees
deferred shall be paid in full upon sale or transfer of the dwelling unit to a non-income
qualified individual within the first 15 years after execution of the deferral a~reement.
or upon the sale or transfer of the dwelIin~ unit in the sixteenth year or thereafter.
(gl) Deferral agreements. The owner receiving an impact fee deferral shall enter
into a deferral agreElmeRt of impact fee agreement with the county. A separate deferral
agreement shall be executed for each qualifying owner-occupied dwelling or qualifying
{SV ANWYKl000950l2.DOCv13}
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rental dwelling. \'\'hile applieaRtsApplicants are required to enter into a deferral
agreement in order to receive a deferral of impact fees, Rethffig in this seenen reEf Hires
tRe eeHRty tEl eRter inte a E!eferral agrecmeFlts. The deferral agreement shall provide for,
at a minimum, the following andsRalland shall further include such provisions deemed
necessary by the board to effectuate the provisions of this article:
ill fB-The legal description of the dwelling unit.
~ ~Where an impact fee deferral is given to an owner who will be
selling or renting the dwelling unit to a subsequent purchaser or renter, the
development must be sold or rented to households meeting the criteria set forth in this
article in order to maintain the deferral.
ill ~For each such owner-occupied E1welliRg Hnit, tHe am~= :f
impaEt tees scieneE! sRall Be paiE! te tHe ceHFlty in fHll HpSR sale. ;e:: ;e;;~ 't ,
inelHE!iRg ar,y lRHln faHlilyor rf'ntal dwell~ng unit, the i~pa€t tees def:;~ S~~~:
e'leRts Be dHe and payaBle Re later tRaR SHe years and RiFle lReRlJ-.s aft. .~:==
~L~: €elffity ef the. impact fee deterFilI a~ee~eRt. SHeR te.es s~.~ ~~~::[:: ::;
:::: :e ~~~~~~~_ dHe aRd J3ayaele pner te that eme 1 .. .;,
bream in the Sl1~t impact feedeterral agreemeRt BY the ReR ~~~ p;; -.d~:r~
a2:rf'ement shall indudf' the repayment events and rf'oavmf'nt obli2:ations set fo .
~sections (El. (Fl. (Gl and (Hl. as anplicable,
!il ~The deferred impact fees shall be a lien on the property. The
lien may be foreclosed upon in the !!vent of noncompliance with the requirements of the
agreement. The agreement described herein shall operate as a lien against the dwelling
unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the
public records of the county. ~In the Gap Program. sileO release shall be recorded
upon payment in full. Neither the deterred impact fees Rer the agFeem.ent pro-:; ::
::~~~ ~~ ~~~:ees sRallBe traoo~neEl, assigReEl, €redited ::~~~~ ~s~:~;::
iEem the Ef1\"elhr~g HRif:. The aekITJ.ls of IlTlpaet fees and the agpcE ft r ~ & &
wit!: t!:e land.In the Low Pro~ram. sllch rf'lease shall.bf' ~:c;:~~d b~~:C::i:~: ~~:;:~~
of thf' full proratf'd amount. m the eVf'nt payment tS tn r r . c ~~'~
eVf'nt listed in subparas:raph (El(]). or exniration of the 15-vear d:'f:~a; ;:ri d a
which time the imoact fef's will bf' forgiven.
~ Except as otherwise orovided hf'rf'in. neithf'r thf' deferTe~ ~~:~~
fee~ nor the a~reement oTOvi~in~ for the deff'rral of impac.t ff': ~~~~;';~s;:.~e~
assllmed. credtted or otherwIse conveyed from the dwellm2: n r I f
impact fees and thf' a2:ref'ment thf'reto sball"m with the land.
(SY ANWYKl00095012.DOCv13)
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~ f9t-Upon satisfactory completion of the agreement's requirements,
the county shall record any necessary documentation evidencing same, including, but
not limited to, a release of lien.
m tet-In the event the Owner is in default under the agreement, and
the default is not cured within 30 days after written notice is provided to the owner, the
board may at its sole option collect the impact fee amounts in default as set forth by
article V, section 74-501, or bring a civil action to enforce the agreement or declare that
the deferred impact fees are then in default and immediately due and payable. The
board shall be entitled to recover all fees and costs, including attorney's fees and costs,
incurred by the county in enforcing the agreement, plus interest at the then maximum
statutory rate for judgments calculated on a calendar day basis until paid.
and assigns.
lID t7t-The agreement shall be binding upon the owner's successors
!2.l f8t-The agreement shall be recorded in the official records of the
county at no cost to the county.
am If the dweUing- unit is sold to an income aualified buyer durin? t.Qg
IS-year deferral period. the impact fee deferral continues.
@ The date on which and method of calculation of impact fees. as
l!overned bv Article IT of this Cod~
ell.) Ceiling 81'1 defCFrflls. f) Eei/in\! on df,ferrals for Owner-Occuvied Units
ill Low Prol!ram - The al!grel!ate amount of imnact fee ~e~r:
gra~ted in a fiscal v~ar. for ~nits meeting- the requiremen~~ ::;~:~~~~~;~~~L ~~ :~
ordInance shall be hnl1ted. In total. to an amount not e c
nrevious fiscal year's total irnnact fee col!ections.
m ~ap Program - The aggregate amount of impact fee deferrals
granted j:lliFSHaRt tein a fiscal year for units meetinl! the requirements of subsection
(9~ of this section shall be limited, in total, to an amount not exceeding tftreefive
percent of the previous ycars'fiscal year's total impact fee collections.
ill The renavment of deferred impact fees pursuant ~ ~~:~
(B)(4) and (C)(S)a. and b.. shall be credited to the Collier co~~;l~f:~ F~ n
and shall be accounted for to ensure the fiscal soundness of the T s F nd
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ill ~Deferrals shall be available on a first-come, first-served basis. If
the total requests for deferrals exceed the nHmeeramollnt of deferrals available, the
county manager may allocate deferrals based on the extent to which the deferrals
implement the comprehensive plan, or other criteria based on policies and procedures
that may be adopted by the board of county commissioners.
@ ~The county manager shall maintain a tracking system to ensure
that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings
established in this subsection.
(iK) Amendments. Any changes or amendments to this article or the minimum
funding requirements adopted in this article must occur as an ordinance amendment at
a public hearing of the board of county commissioners.
(tL.) Eligible dwelling unit categories. Agreements for the deferral of impact fees
for affordable-workforce housing may only be approved for the following types of
dwelling units:
ill (1) Single-family residences that are fully detached, and either
owner-occupied or rental dwelling units, or
~ (2) Owner-occupied or rental dwelling units in a residential
condominium, townhouse or duplex structure, or
@ ~Rental (leased) multi-family dwelling units.
!il f4t-Rental modular homes that meet, as a minimum, the then
current standards of Chapter 553, Florida Statutes for homeownership or rental, and
that bear the department of community affairs insignia seal certifying that the structure
;q hl compliance with the Florida Manufactured Buildings Act of 1979, as amended or
superseded.
@ ~Rental mobile homes that are constructed to then applicable
standards promulgated by the United States Department of Housing and Urban
Development (HUD) and that bear a two inch by four inch metal, rectangular red and
silver certification label on each section of the home certifying that the home has been
inspected in accordance HUD requirements, and that have been constructed in
conformance with federal manufactured home construction and safety standards in
effect on the date of manufacture.
(kM) Apartment complexes/multi1amily dwelling units. Notwithstanding any
provisions elsewhere in this chapter to the. contrary, any owner that develops an
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affordable housing rental apartment complex consisting in whole or part of multi-
family dwelling units serving very low and/or low income levels and meeting all
requirements, and subject to all conditions, of this article shall be entitled to defer 100
percent of the impact fees applicable only to such rental multi-family dwelling units
serving very low and/or low income levels if: (i) all such deferred impact Fees are paid
011 SF 13etore the ena of siJ( years ana air~e m8nfr~s from the aate sum iFRflaet fees are
deknedas reauired under subsections ((;) and (H) of this section: and (ii) the rental
apartment development shall remain affordable housing qualified (under this article)
for a minimum of 15 years.
(l~ Singlejamily, detached residences and duplexes. Impact fee deferrals for only
single family, detached residences, or duplexes, as owner occupied dwelling units, will
automatically be subordinate to the owner's first mortgage and/or any government
funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may
also be similarly subordinated in the case of rental dwelling units, including any multi-
family dwelling units, but only if the owner provides additional security satisfactory to
the county such as additional or substitute collateral in the form of €aSR Sf eaSR
eEJ.H.ivaleflt f-ir.aRdal iFlstruHleRtsa letter of credit or guarantees acceptable to the County
which will yield the full amount of the deferred impact fees when they may become
due and payable.
(mQ) Timing of payment. Any units meeting the requirements of this
subsection that are sold below the maximum home sales price in Collier County for
Florida Housing Finance Corporation Programs, or qualify for and enter into an
approved deferral agreement shall I10t be required to pay the impact fees applicable for
the unit or building any sooner than issuance of the building permit for construction or
as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a
certificate of adequate public fadliaeseene1irfeRtlyfacilities concurrent\J:: with the
issuance of the final site development plan or plat, the applicant shall first enter into an
approved deferral agreement with Collier County or provide a notarized affidavit to the
county manager, which must include the following:
ill w-Narne of project, legal description and number assigned by
Collier County to the development order;
G1 ~Narne of applicant and owner, if different;
ill ~Number of dwelling units;
{SV ANWYKlOOO95012.DOCv13)
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W t4t--Statement of intent that the subject dwelling unit sales price
will meet the affordability guidelines of the Florida Housing Finance Corporation for
Collier County.
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(flf) Certificate of occupancy requirements on filing of affidavit. Prior to the
issuance of a certificate of occupancy for individual dwelling units which have
provided the foregoing affidavit instead of entering into a deferral agreement with
Collier County, the applicant must also provide a copy of the executed sales contract to
the county manager demonstrating a qualifying sales price. A copy of the closing
statement demonstrating a qualifying sales price will be provided to the county
manager within ten days of the closing of the sale of each qualifying dwelling unit. ~
(0) Violations. Failure to adhere to the requirements set forth by this section
may result in the impact fees becoming immediately due and payable and payment
being considered delinquent from the date of the notarized affidavit and then becoming
subject to the collection provisions provided for in article V, section 74-501, including
payment of delinquency fees and interest.
(pR) Transitional provisions. The following provisions apply to any impact fee
deferrals or reimbursements that were granted prior to August 1, 2005:
ill fl1----Any deferral agreement that was executed prior to August 1,
2005, shall continue in effect in accordance with its terms consistent with the
requirements in effect at the time that the deferral agreement was executed.
ill ~If reimburse~ent is required pursuant to an impact fee deferral
or waiver that was paid with State. Housing Initiatives Partnership (SHIP) Program
funds, payment will be made to the county affordable housing trust fund.
Sec. 74-402. Affordable-workforce housing definitions. The following sets forth the
applicable definitions for affordable-workforce housing dwelling units.
(a) "1 ~1)'1 very lew iNeeme J~milies" meMI.s families ".TROS€ ineomes do Rot e)(eeed as
pcreeFlt of the mediaf'L ir~e0me for the area as aete~ed. by the Seeretary af the U.S.
DeflartmeF1.t of Hobtsing ar:.d UrBan De7elepmeFlt.
(&A) "Very low income families" means families whose incomes do not exceed 50
percent of the median income for the area as determined by the Secretary of the U.S.
Department of Housing and Urban Development.
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(€~) "Low income families" means families whose incomes are more than 50
percent but do not exceed 60 percent of the median income for the area as determined
by the Secretary of the U.s. Department of Housing and Urban Development.
(4C) "l.1edel'lite Workforce income families" means families whose incomes are
more than 60 percent but do not exceed 80 percent of the median income for the area as
determined by the Secretary of the U.S. Department of Housing and Urban
Development. At least 70 percent of the income must be derived from employment
within Collier Counly of at least 30 hours per week.
-CD) "Cav income families" means families whose incomps arp morp t~~
percent but do not exceed 150 percent of the me~ian inc~=:~~~: :~~:n~~l'''' dnpd
by the Secretary of the US Department of HOUSIng- and r pI At least
70 ercent of the income must be derived from em 10 ment within Collier Coun of at
least 30 hours per week.
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6.02.03 Transportation Level of Service Requirements
A. If the proposed land development or subdivision will generate traffic
volumes in excess of 1,000 average daily trips (AOT) or 100 vehicles per hour,
peak hour/peak season, whichever is more restrictive, then a traffic analysis,
prepared by a professional engineer, shall be provided by the applicant.
B. The analysis shall show the impact on the proposed internal streets of the
subdivision or development and existing externally affected streets, ,- The
analysis shall be used to determine the street classification, width and number of
traffic lanes internal to the development, and any requirements for off-site
(external) improvements on the existing street system per the GMP.
C. Level of service calculations for road facilities means calculations for peak
hour traffic on a roadway segment for maximum service volumes at the adopted
LOS. Peak hour is calculated as the 100th highest hour based on a ten (10) month
period (omitting February and March), which is generally equivalent to the 250th
highest hour for a twelve (12) month period. For design of roadway capacity .
projects, the 30th highest hour for a twelve (12) month period at LOS "0" will be
utilized.
O. In assessing the capacity of a County road segment, a state road segment or
TCMA for the purpose of determining whether it is operating below the adopted
LOS, or would based on the traffic impacts identified in an approved TIS
submitted as part of an application for a final local developments order, the
County shall consider:
1. Current roadway facilities including, but not limited to, number of
lanes, provision of turn lanes, operation of intersections, and number of
signals.
2. Capital road improvements under construction, or for which the
construction contract has been let.
3. Any improvements that are guaranteed in an enforceable development
agreement in which the improvements are completed or under
construction, or for which the construction contract has been let, before
the impacts from the development or phased development accrue to the
roadway system.
4. Construction of the required capital improvement is included in the
first or second year of either the Florida OOT five (5) year work program
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ISV ANWYKJOO095938.DOCvlO}
or the first or second year of the Collier County Schedule of Capital
Improvements adopted as part of the Annual Update and Amendment of
the Capital Improvements Element (CIE) and Collier County Annual
Budget that follows approval of the AUIR.
5. The BCC has made an express finding, after a public hearing, that the
current five- (5) year capital improvement schedule is based on a realistic,
financially feasible program of funding from existing revenue sources.
6. The final local development order is for a project located within a
TCEA or TCMA designated in the GMP which meet the applicable
requirements of Policies 5.5 through 5.9 of the Transportation Element.
7. The necessary facilities are the subject of a binding commitment with
the developer to contribute fair share funding as provided for in Policy 5.9
of the Transportation Element, if applicable, or to construct the needed
facilities.
E. Potentially deficiertrfoad segments.
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1. A County or State road segment shall be considered potentially
deficient when located on the major road network system whose adopted
LOS standard is LOS "C or LOS "0," peak season, peak hour, that is
presently operated at its adopted LOS, or whose adopted LOS is LOS "0"
peak season, peak hour, and has operated at LOS "E" peak season, peak
hour, for two (2) years or less, based on the AUIR.
2. A potentially deficient road segment which has an adopted LOS "0"
peak season, peak hour, may operate at LOS "E," peak season, peak hour,
for two (2) years before it shall become a deficient road segment.
3. A County or State road segment shall be considered potentially
deficient when located on the major road network system whose adopted
LOS standard is "E," peak season, peak hour, that is presently operating at
LOS "E" peak season, peak hour, based on the AUIR.
4. In determining the capacity of a County road segment or a State road
segment for the purpose of determining whether it is a potentially
deficient road segment, the County shall consider:
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a. Any capital road improvement currently in place.
b. Any capital road improvement that is under construction.
c. Any capital road improvement guaranteed in an enforceable
development agreement that includes the provisions in subsections
6.02.03 E.1. and 6.02.03 E.3.
d. The actual construction of the required capital road
improvement is included and is scheduled to commence in or
before the third year of the State's five (5) year work program and
the County's current five (5) year capital improvement schedule
adopted as part of the GMP.
e. The BCC has made an express finding, after a public hearing,
that the current five (5) year capital improvement schedule is based
on a realistic, financially feasible program of funding from existing
revenue sources.
F. The LOS for capital road facilities on the major road network system are as
set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of
the GMP.
G. Determination of public facility adequacy for the road component shall be
based upon whether the proposed development is outside a designated ASI or
within a designated AS!.
1. For development outside a designated ASI, or where no ASI exists, the
road component shall be granted.
2. For development within a designated ASI covering a potentially
deficient road segment, the road component shall be approved, subject to
available capacity, if it is demonstrated that the proposed development
will not make the potentially deficient road segment within the ASI a
deficient road segment. In the instance where the proposed development
will create a deficient road segment, a certificate of public facility
adequacy for the road component shall be approved only for that portion
of the development that does not create the deficient road segment. For
development within a designated ASI covering a deficient road segment,
the road component shall be approved only for that portion of the
development that does not increase the net trips on the deficient road
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segment and does not further degrade the LOS of the deficient road
segment.
H. Affordable Housing Transportation Enhancement Program
1. It is the intent of Collier County to encourage development and
retention of affordable-workforce housing throughout the County.
and in particular in proximity to employment centers. The
Transportation Enhancement Program is designed to provide
incentives to developers of housing to be sold or rented to individuals
whose incomes do not exceed 80 percent of the median area
household income. In recognition of the reduced number of vehicle
trips produced by households at this income level. the Program
provides credit in the applicant's TIS for trips generated by dwelling
units set aside for ownership or rental by these households. In
addition. qualified developments may receive additional credit for
proximity to employment centers or including a mix of land uses
within the development.
2. Definitions. The following terms have the meanings defined below for
purposes of the Transportation Enhancement Program:
a. "Affordable-Workforce Housing" means dwelling units for
sale or rent to families whose incomes do not exceed 80
percent of the area median income.
b. "Employment Center" means an existing or planned
development of 20 acres or more consisting of uses allowed in
the Rural-Industrial. Urban-Commercial and Urban-
Industrial Districts of the Future Land Use Element of the
Comprehensive Plan.
c. "TIS" means the Traffic Impact Statement prepared by the
applicant in accordance with the Guidelines published by the
Collier County Transportation Services Division to analyze
proposed development for compliance with transportation
concurren<;y requirements.
d. "Oualified development" means a development with at least
15 percent of the dwelling units set aside for sale or rent as
Affordable-Workforce Housing.
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e. "Oualified business park and qualified research park" means
an existing or planned development consisting of uses
allowed in the Business Park and Research and Technology
Park subdistricts of the Future Land Use Element of the
Comprehensive Plan.
f. "Planned development" means a proposed development
which has received site and development plan approval.
pursuant to section 10.02.03 of this Code. Planned
development includes Affordable-Workforce Housing
proposals which are planned concurrently with a Oualified
Business Park. Oualified Research Park or an Employment
Center.
g. "Mixed Use development" means a development that
incorporates both a Oualified Development and a Oualified
Business Park. Research Park, or other Employment Center.
3. Applicability. Pursuant to the requirements established in this section,
a Oualified Development may receive a credit equal to the number of
vehicle trips generated by the number of housing units in the
development to be set aside for Affordable-Workforce Housing. based
upon the trip generation rates established in the TIS Guidelines. A
development may also receive one of the following additional credits. if
qualified:
a. A development located within five (5) miles of a Oualified
Business or Research Park or other Employment Center may receive a
credit equal to 15 percent of the total trips calculated for the project based
on the trip generation methods in the TIS Guidelines if the proposed.
b. A Mixed Use Development may receive a credit equal to or
greater than 35 percent of the total trips calculated for the project based
upon the trip generation methods in the TIS Guidelines.
4. Any person seeking trip generation credit for a proposed affordable
housing development shall file with the Administrator of Community
Development and Environmental Services an application for credit. which
shall be an addendum to the Department's application for rezoning or Site
Development Plans. as applicable. The Department shall revise the
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rezoning and Site Development Plan applications to incorporate the
following information for a credit application:
a. The name and address of the applicant;
b. An up to date. complete legal description of the site upon which
the development is proposed to be located;
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c. The total number of dwelling units in the proposed
development:
d. The total number of dwelling units set aside for Affordable-
Workforce Housing;
e. The distance. in vehicle miles, from any boundary' of the
development site to the closest boundary' line of a Qualified
Business or Research Park. or Employment Center, if applicable;
f. A map showing the locational relationship between the
proposed development and the location of the Qualified Business
or Research Park, or Employment Center. if applicable;
g. The name and address of the Oualified Business or Research
Park. or Employment Center. and the name and telephone number
of a designated contact person for said Park or Center. if applicable;
and
h. The proposed site plan for the proposed development.
including the location and acreage of each type of land use.
If the proposed development meets the requirements for an affordable
housing trip generation credit as set forth in this article, the Administrator
or his or her designee shall approve a trip generation credit for the owner
or applicant and direct the applicant to submit a TIS based upon the
credit.
5. Restrictions for Developments Approved for Trip Generation Credit.
The applicant for a Trip Generation Credit shall agree to the following
restrictions:
a. The sale. lease with option to purchase. or other conveyance
of each affordable housing unit in the development shall be to a
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buyer whose household income has been verified and certified in
accordance with this section to not exceed 80 percent of the area
median income. Such verification and certification shall be the
responsibility of the developer and shall be submitted to the
Department on a yearly basis for review.
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b. No Affordable-Workforce 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.
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c. When the developer advertises. sells or maintains the
Affordable-Workforce Housing unit. it must advertise. selL and
maintain the same in a nondiscriminatory manner and make
available any relevant information to any person who is interested
in purchasing such Affordable-Workforce Housing unit.
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d. The developer shall agree to be responsible for payment of
any real estate commissions and fees.
e. The Affordable-Workforce Housing units in the
development shall be identified on all building plans submitted to
the county and described in the application for the trip generation
credit.
f. The conditions contained in this section 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 anytime and from time to time.
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Article IV. Infrastructure Investment Program.
Sec. 49-60. Intent. It is the intent of Collier County to encourage the provision and
retention of affordable housing throughout the County by providing a variety of
incentives for development of affordable housing. The Infrastructure Investment
Program authorizes the use of ad valorem revenues generated by a Oualified
Development to fund Approved Infrastructure costs of the development.
Section 49-61. Definitions.
(1) "Qualified development" means a project that sets aside at least 20
percent of the total residential units for sale or rent to individuals whose incomes do not
exceed 150 percent of the area median household income; provides Approved
Infrastructure to serve the development: and is approved to participate in one or more
of the following Collier County Housing Stimulus Programs:
a. The Housing Fee Payment Assistance Program. pursuant to section
74-401 of this code;
b. The Transportation Enhancement Program. pursuant to section
6.02.03 of the Land Development Code;
c. The Affordable Housing Density Bonus Program. pursuant to
section 2.06.00 of the this code: and
d. The Fast Track Permitting and Innovation Program. pursuant to
Collier County Resolution No. 2005-408.
This ordinance is not intended to apply to a development located within a
Community Redevelopment Area designated pursuant to section 163. Part III, Florida
Statutes.
(2) "Approved Infrastructure" means the following basic infrastructure to
serve the Qualified Development:
a. Water management and control for the lands within the
development and to connect some or any of such facilities with roads or bridges;
b. Water supply. sewer and wastewater management. reclamation.
reuse and any combination thereof. including connecting intercepting or outlet sewers
and sewer mains and pipes and water mains. conduits. or pipelines. in. along. and
under any street. alley. highway. or other public place or ways. and to dispose of any
effluent. residue or other byproducts of such system or sewer system:
c. Bridges or culverts which may be needed across any drain. ditch,
canaL floodway. holding basin, excavation. public highway. tract. grade. fill. or cut and
roadways over levees and embankments. and to construct any and all of such work and
improvements across. through. or over any public right-of-way. highway. grade. fill or
cut:
d. Grading and installation of internal subdivision streets. including
landscaping and sidewalks within the public rights-of-way or dedicated public
easements. Such streets must meet or exceed Coun1y specifications, and must be
dedicated to the public after completion;
e. Stormwater conveyance and management facilities, including
gutters, drains, swales. holding ponds, settling ponds or other facilities approved for
the project:
f. Street lighting. entrance lighting or other lighting for securi1y
pur.poses;
g. Buses. trolleys, transit shelters. ridesharing facilities and parking
improvements and related signage;
h. Any other utili1y or infrastructure within the public rights-of-way
to serve the development. which may be provided by the District pursuant to its
statutory authori1y or agreement with the Coun1y; and
i. Any other utili1y or infrastructure improvement. either onsite or
offsite. which is expressly required by or approved by a local government development
order.
(6) "District" means a special district. established pursuant to Chapter 189,
Florida Statutes; a communi1y development district, established pursuant to Chapter
190. Florida Statutes; or a public or private non-profit enti1y formed to construct and
operate the Approved Infrastructure to serve a Qualified Development.
(7) "Interlocal Agreement" means an agreement entered into. and governed
by, Section 163.01. Florida Statutes.
(8) "Gross Ad Valorem Revenue" means the total ad valorem revenue
generated by a Qualified Developinent.
(9) "Qualified Business Park and Qualified Research Park" means an existing
or planned development consisting of uses allowed in the Business Park and Research
and Technology Park sub-districts of the Future Land Use Element of the
Comprehensive Plan.
(10) "Employment Center" means an existing or planned development of 20
acres or more consisting of uses allowed in the Rural-IndustriaL Urban-Commercial and
Urban-Industrial Districts of the Future Land Use Element of the Comprehensive Plan.
(11) "Mixed Use Development" means a development that incor.porated both a
Qualified Development and a Qualified Business Park, Qualified Research Park and/or
other Employment Center.
(12) "Planned Development" means a proposed development.
Sec. 49-62. Application Requirements. An applicant seeking approval for the
Infrastructure Invesbnent Program must file an application with the Coun1y
Administrator. or his or her designee. including the following information;
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(1) The name. address and contact telephone numbers of the applicant;
(2) The legal description of the property to be developed;
(3) The approximate amount of open space to be provided;
(4) The street layout of the development;
(5) The acreage and location of property intended for use as public parks.
recreation areas. streets, public utilities and pubic improvements of any nature;
(6) The total number of residential dwelling units;
(7) The total number of residential dwelling units for sale or rent to
individuals whose incomes do not exceed 80 percent of the area median household
income;
(8) The total number of residential units set aside for sale or rent to
individuals whose incomes are more than 80 percent but do not exceed 150 percent of
the area median household income;
(9) The name of the Collier County Housing Stimulus Program for which the
applicant is approved and any project number within that Program;
(10) A copy of the Impact Fee Deferral Agreement or Affordable Housing
Density Bonus Agreement. if applicable;
(11) The Fiscal Impact Analysis for the development; and
(12) A certified statement that the developer will abide by all the requirements
of the applicable Housing Stimulus Program.
Sec. 49-63. Interloeal Agreement. If approved for the program. a District providing
infrastructure to a Qualified Development may enter into an Interlocal Agreement or
other enforceable agreement with the County to authorize reimbursement to the District
of Approved Infrastructure costs from Gross Ad Valorem Revenues generated. The
Interlocal Agreement must;
(1) Include a list of Approved Infrastructure to serve the Qualified
Development which will be financed by the District;
(2) Identify the type and terms of financing which will be utilized by the
District to provide the Approved Infrastructure;
(3) Provide for the County to collect and separately account for ad valorem
revenues generated by or attributable to the development during the term of the
Agreement;
(4) Provide for reimbursement to the District of the costs of Approved
Infrastructure to serve the development in the manner and subiect to the restrictions
prescribed in this Section;
(5) Include as back-up data a Fiscal Impact Analysis meeting the
requirements of Subsection (D). which must be incorporated by reference into the
Agreement;
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(6) Require the District to provide to the County Administrator. or his
designee. an updated analysis of ad valorem revenues on a yearly basis;
(7) Provide for the timing of reimbursement payments. and a schedule of
such payments. if applicable. based upon the Fiscal Impact Analysis; and
(8) Be executed by all parties no later than approval of a Site Development
Plan for the development unless an extension is mutually agreed upon by the District
and the County.
(9) Demonstrate that the Oualified development is fiscally neutral or positive
as measured over a 20-year period. including the reimbursement amount as determined
in Section 49.65 as cost.
Sec. 49-64. Fiscal Impact Analysis. The fiscal impact analysis shall be performed using a
fiscal impact analysis model (Model) that must meet the following requirements;
(1) The Model shall be calibrated to Collier County standards that are
required by the Model such as current and past budgets. persons per household.
current impact fee schedule. current population numbers. etc.
(2) The Model will calculate fiscal analysis using both capital and
operating revenues and costs.
(3) The Model will also be able to calculate the gross ad valorem
revenues generated by the project by year to be used in Section 49-65.
II
Sec. 49-65. Reimbursement.
(1) The Infrastructure Investment Program is a reimbursement program. If
approved for the Program. evidenced by an approved Interlocal Agreement. the District
will be reimbursed for the costs of Approved Infrastructure. The reimbursement
amount will be a percentage of Gross Ad Valorem Revenue equal to the percentage of
residential dwelling units set aside for sale or rent in the Proiect to individuals whose
incomes do not exceed 120 percent of the area median household income. For example.
if 15 percent of the total residential dwelling units are sold or rented to individuals
whose incomes do not exceed 120 percent of the area median household income. the
applicant will be entitled to 15 percent of the Gross Ad Valorem Revenues generated by
the Project.
(2) An additional 5 percent of Gross Ad Valorem Revenues would be added
to the reimbursement provided in subsection (E) (I ) for a Qualified Development which
is also located within five (5) miles of a Oualified Business Park. Qualified Research
Park. or Qther Employment Center. Alternatively. an additional 15 percent of Gross Ad
Valorem Revenues would be added to the reimbursement provided in subsection (E)(I)
for a Mixed Use Development.
(3) In no case shall the reimbursements provided under subsections (E)(I)and
(2) exceed 35 percent of the total Gross Ad Valorem Revenues.
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2.06.00 AFFORDABLE HOUSING DENSITY BONUS
2.06.01 Generally,
iA--,LWithin 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)
dwelling units per gross acre to the base density of four (4) residential dwelling units
per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus
any other density bonuses available, and minus any density reduction for traffic
congestion area required, pursuant to the Collier County GMP. The total eligible
density must not exceed a total of sixteen (16) dwelling units per gross acre, except as
allowed through use of transfer of development rights, as provided for in the growth
management plan. The program to accomplish this increase to provide affordable
housing is called the Affordable Housing Density Bonus (}\DH€lAHDB ) Program.
i&-,LWithin most of the Immokalee Urban area, as identified on the Immokalee
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 of affordable. housing in the development. The provision of
affordable housing units may add up to 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 a total of 16
dwelling units per gross acre. except as provided in the Immokalee Area Master Plan.
iC. L Within the Rural Lands Stewardship Area Overlay of the
AgriculturallRural area, as identified on the future land use map of the growth
management plan, towns, villages, hamlets and compact rural aevelepmeBt
sdevelopments 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
glvSS acre to the allowed density of one-half to four dwelling units per gross acre, for
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a total of eight and one-half to twelve and one-half residential dwelling units per gross
acre, plus any other density bonuses available.
LD,.-lJn 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.
ill !'-Preapplication conference. Prior to submitting an application for
AHDB, a preapplication conference may be scheduled with the County Manager or his
designee. If the proposed development is to include affordable housing, the Housing
ar.a urBan irnprovemeRt airedor the County Manager or his designee must participate
in the preapplication conference. 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 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.
~ b--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
required must be provided for tlle BeusiRg aRa lirBaFI lmprOVemeRt airector the County
Manager or his designee. The application must, at a minimum, include:
a. _Zoning districts proposed by the applicant on the
property and acreage of each;
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h. Ir.--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;
l:... e.--The total number of AHDB units requested, categorized
by number of bedrooms and whether the unit is to be rented or owner-occupied;
d. 4:--Total number of affordable housing units proposed in
the development categorized by level of income of Gap. Workforce. Low and Very
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Low as defined in Tilble A. number of bedrooms, and rental units and owner-occupied
units:
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k 1. ~{oderate'A/8rl:Joree Cap ineeme :households (one
bedroom, ~vo bearooms, or three bedrooms ElF mere).
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ii.
Te1v H.~eo~.e t...o",set..ol"s lene t..e"~ee~ ........7e
t:I r'I: rr1:tt tt t:t \ ...i. I.:I~... ......'",.....
eeorEJems, or three bedrooms or m.ore).
iii. iii. \' cry lov~" i:r~eoFRe ROMschelds (eRe bedroom., h',Yo
bedrooms, 0r thfee bedreoms or more).
ilL. iv. Total afferdable R0usiFlg 1:lRits (oac bedreom, fl\"O
bedroom.s, or tT~ree eeareoms or m.0re).
e. e.-Gross density of the proposed development ;
t. f..-Whether the AHDB is requested in conjunction with an
application for a planned unit development (PUD), an application for rezoning, or an
application for a Stewardship Receiving Area; and
g, 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.
ill ~Determination of completeness. After receipt of an application for
AHDB, the ho",siRg ar.d ",rilaR im.prevElm.eRt direetor the County Manager or his
designee shall determine whether. the application submitted is complete. If he
determines that the application is not complete, tt.e housing aFId Hrilan im.pro\'Elment
direetoF the County Manager or his designee shall notify the applicant in writing of the
deficiencies. tI1.e Reasi-Rg aFId "'FeaR HRpFovem.eRt aiFeetor The County Manager or his
designee 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 development services director to schedule the
AHDB application with the companion application for rezoning, planned unit
development or stewardship receiving area, and must recommend to the planning
commission and the BCC to deny, grant,. or grant with conditions, the AHDB
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application. The recommendation of the County Manager or designee must include a
report in support of his or her recommendation. Applications for AHDB which set aside
at least 15% of the total number of units for affordable-workforce housing must be
recommended for approval if they meet the criteria for the program. Such evaluation is
separate from the evaluation of the companion application for consisten<;y with the land
development regulations and the Growth Management Plan..
ill ~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, then the hearing must be consolidated and made a part of the
public hearing on the application for the PUD before the planning commission, and the
planning commission must consider the application for AHDB in conjunction with the
application for the PUD. If the application has been submitted in conjunction with an
application for a rezoning, then the hearing must be consolidated and made a part of
the public hearing on the application for rezoning before the planning commission, and
the planning commission must consider the application for AHDB in conjunction 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 for stewardship receiving area
before the planning commission, and the planning commission must consider the
application for AHDB in conjunction 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 stewardship receiving area, as
applicable, and must recommend to the BCC that the application be denied, granted or
granted with conditions. Applications for AHDB which set aside at least 15% of the
total number of units for affordable-workforce housing must be recommended for
approval if they meet the criteria for the program. Such evaluation is separate from the
evaluation of the companion application for consisten<;y with the land development
regulations and the Growth Management Plan.
@ &.---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 noticed
public hearing on the application. If the application has been submitted in conjunction
with an application for a planned unit development (PUD), then the hearing must be
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consolidated and made a part of the public hearing on the application for the planned
unit development (PUD) before the BCe, and the BCC must consider the application
for AHDB in conjunction with the application for the planned unit development
(PUD). If the application has been submitted in conjunction with an application for a
rezoning, then the hearing must be consolidated and made a part of the public hearing
on the application for rezoning before the BCC, and the BCC must consider the
application for AHDB in conjunction 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 for stewardship receiving area 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 rezoning, and must deny, grant, or grant with conditions, the
application in accordance with the AHDB rating system and the AHDB monitoring
program. Applications for AHDB which set aside at least 15% of the total number of
units for affordable-workforce housing must be recommended for approval if they meet
the criteria for the program. Such evaluation is separate from the evaluation of the
companion application for consisten<;y with the land development regulations and the
Growth Management Plan.
iE....-LThe procedures to request approval of a density bonus are described in
Chapter 10 of this LDe, along with requirements for the developer's agreement to
ensure compliance.
2.06.02 Purpose and IntentA.
IAl Section 2.06.00 is intended to implement and be consistent with the GMP,
9 163.3161et seq. F.5, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in
DOAH Case No. 89-1299 GM, by providing far HH.laerate, lew, aRa ,.err law ifteome
ReuBir.ghousing- for individuals and families with incomes which do not exceed 150
percent of the area median household income 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.
i&--LThis 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 af meaerate, low, or '..elT lowwith incomes which do not exceed 150
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percent of the area mediqn househQld. income, thus expmding housing opportunities
for moaerate, 181\", and "'ler)" 10'\\~ ineome Rousel=lelels tA:roagR8Mt the €01ffity.individuals
and families throullhout the county with incomes which do not exceed the area median
household income. Further. the AH;D.B l!1larmtees increased residential densities to
developers who set aside at least 15 percent of their housinll development as affordable
by households with incomes which do not exceed 150 percent of the area medim
income. The purpose of the AHDB monitoring program is to provide assurmce that the
program is properly implemented, monitored, md enforced, md that useful
information on affordable housing may be collected.
2.06.03 AHDB Rating SystemA.
tAl The AHDB rating system shall be used to determine the amount of the
AHDB which may be grqnted for a development , based on household income level,
type of affordqble housing units (owner-occupied or rent'll, single-family or multi-
fqmily), md percentage of qffordable housing units in the development . To use the
AHDB rating system, Tqble A below, shqll be used. Tqble A shqll be reviewed and
updqted, if necessqry, on m mnual bqsis by the BCC or its designee.
ill -l-.---First, choose the household income level (50% of medim
income, 60% of median income, or 80% of medim income, 150% of medim income) of
the affordqble housing unit(s) proposed in the development, md the type of
affordqble housing units (owner-occupied or rental, single-fqmily or multi-family,
where applicable) to be provided, 'IS shown in Table A. An AHDB bqsed on the
household income level is shown in Tqble A.
~ 2,,--Table A willindicqte the maximum number of residential
dwelling units per gross qcre that mqybe qdded to the base density. These additional
residentiql dwelling units per gross acre are the maximum AHDB qvailable to thqt
development. Developments with percentages of affordable housing units which fall
in between the percentqges shown on Table A shall receive m AHDB equql to the lower
of the two (2) percentages it lies between, plus one-tenth (1/10) of 'I residentiql dwelling
unit per gross acre for eqch additional percentage of affordable housing rental units in
the development. For exqmple, a development which has twenty-four (24) percent of
its tot'll residentiql dwelling units 'IS affordqble housing units, at the 80 percent level
will receive m AHDB of 2.4 residential dwelling units per gross qcre for the
development.
Ql &.---Where more thm one (1) type of qffordable housing unit (based
on level of income shown in Table A) is proposed for 'I development, the AHDB for
eqch type shall be cqlculqted separately. After the AHDB calculations for eqch type of
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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 eight (8) dwelling units per gross acre.
Table A. Affordable-WorVorce Housing
(Additional Available Dwelling Units Per Gross Acre)
Density
Bonus
TABLE INSET:
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable
orkforce Housing
ousehold
(o/c 10% 0%
0%
0% 0%
0%
0%
0%
0% 100%
ow
ery Low
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*Owner-occupied only
**May only be used in conjunction with at least 10% which do not exceed 80% MI
Total Allowable Density = Base Density + Affordable-Workforcp Housing Density
Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre, excpot as
providpd in thp Immokalee Area Master Plan.
au 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
{3907/00l00150835.DOCvl)
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regulations, including the procedures, requirements, conditions, and criteria for "PUDs"
and rezonings, where applicable.
c. The miFlimlllR Flameer of aiferaaele Reasing liIlits that sllall he pro"llded iR a
de"'le10FnNer~t pHrS1:lar~t t8 this seeti0R shall be teR (19) aif0raaale housing HrntS.
!Q I*-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.
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:
!A.-lfiffordable 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 in the same manner as the original agreement. The AHDB
development agreement shall include, at a minimum, the following provisions:
ill h-Legal description of the land subject to the agreement and the
names of its legal and equitable owners.
ill ~ Total number of residential dwelling units in the development.
m ~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.
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development.
4,..-Maximum number of AHDB dwelling units permitted in the
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&'-Gross residential density of the development.
ill 9,...-Amount of monthly rent for rental units, or the price and
('cmditions 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 (meel.erate e:a.p. workforce. low, and very low).
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ill 7. The foregoing notwithstanding, any rent charged for an
affordable housing unit rented to a low or very low income family shall not exceed 90
percent of the rent charged for a comparable market rate dwelling in the same or similar
development. Comparable market rate means the rental amount charged for the last
market rate dwelling unit of comparable square footage, amenities, and number of
bedrooms, to be rented in the same development.
!ID &-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 Hl.oelerate gaD. workforce. low,-ffi' very low income 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.
m 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 moderate \laD. workforce.
low, or very low. income 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. 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 sells the property (including the land and/or the unit) within 15 years after his
original purchase at a sales price in excess of five percent per year of 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.
!lID -l4--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 seller
would then owe the county $1,711.50 (one-half of $3,423.00). Payment of this amount
would release the 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.
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M H.-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
'he developer, or a resident manager.
LUl ~When the developer advertises, rents, sells or maintains the
affordabl~ 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.
(Ul ~ 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.
LUl M.--The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development.
~ ler-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.
!lRl -l&.-The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
L1Zl 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 anytime and from time to time.
LllU ~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.
Ll2), ~Each affordable housing unit shall be restricted to remain and
be maintained as the type of affordable housing rental unit (meaerate 2:an. workforce.
low, or very low income) designated in accordance with the AHDB development
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agreement for at least 15 years from the issuance of a certificate of occupancy for such
unit.
~ ~ The developer and owner of 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.
LID "8. 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 planned
unit developments (PUDs) and rezonings, where applicable.
!f:l ~e:;t:Q: qf qffQrdable housinf units. To qualify for the AHDB pro~ram.
~e develope s eserve a nortion of the total units in the development for
~~~::I~-:~~~~ce housinl!:. However. an AHD~ shall be provided for developm~nts
;.~ r t least 15 percent of the total Units for affordable-workforce housmg:.
r ~ided that the bonus meets the requirements of subsection B. above.
!Ill G,-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 affordable housing units.
@ I;h-Nontransferable. The AHDB is not traRsferraeletransferable between
developments or properties.
ill &-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 (ten percent in
this case) cumulatively.
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RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPPORTING THE ADOPTION OF REGULATIONS WHICH
ENCOURAGE THE DEVELOPMENT AND RETENTION OF
AFFORDABLE-WORKFORCE HOUSING IN THE COUNTY,
SPECIFICALLY FAST TRACK EXPEDITED PERMITTING,
FLEXIBILITY IN DESIGN AND DENSITY BONUS
ALLOWANCES
WHEREAS, it is the intent of the Board of County Commissioners of Collier County,
Florida, to increase the amount of workforce housing affordable to its workers and residents,
encourage the retention of affordable-workforce housing in the County, encourage the location
of residences in proximity to employment centers, reduce commute times to places of
employment, and provide businesses with access to a pool of employees within the County;
and
WHEREAS, the Board has formally expressed its commitment to affordable-workforce
housing by adoption of the following Goals, Objectives and Policies in the County's Growth
Management Plan ("GMP"):
Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and
affordable housing for all residents of Collier County;
Housing Element Objective 1: to increase by at least 1000 the number of new affordable
housing units each year;
Housing Element Policy 2.4: requires amendment of codes and ordinances to promote
affordable-workforce housing by allowing for flexible design and encouraging mixed uses;
[SV ANWYKillOl08009.DOCv3}
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Housing Element Policy 2.5: requiring review of permit processing systems to reduce
processing time for affordable-workforce housing;
Future Land Use Element Policy 7.4: encourage developments to provide a range of
housing prices and types;
Future Land Use Element Density Rating System: authorizing affordable-workforce
housing density bonuses of up to 6 units/acre in the Urban Residential Fringe Subdistrict and
up to 8 units/acre in other specified districts and subdistricts; and
Transportation Element Policy 5.6: establishing the South County TCEA and recognizing
the provision of 25 percent affordable housing as a Demand Management Strategy; and
WHEREAS, the Board has implemented its affordable housing commitments
represented in the CMP by adopting the following ordinances and resolutions:
Resolution 2007-XXX. providing for Fast Track Permitting of developments which
include housing units affordable to residents whose income does not exceed 150 percent of the
median household income for Collier County. The resolution defines specific criteria for
development to qualify for Fast Track permitting, establishes maximum length for staff reviews
of those applications, and requires agreements between the applicant and the County to retain
qualified housing as affordable for a minimum of 15 years;
Ordinances 04-72 and 05-27, which establish and refine the Affordable Housing Density
Bonus (AHDB) program, which provide a rating system to award increased density to
developments which provide housing units affordable to various segments of the population,
including those with very low and low incomes; and
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WHEREAS, the development community has responded by proposing projects
which qualify for the Fast Track permitting and have produced _ units of affordable
housing in Collier County; and
WHEREAS, the Board wishes to encourage developers to submit additional applications
and take advantage of the available affordable housing incentives and increase the number of
units in the County;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. The foregoing recitals are adopted as true and incorporated as part of this
Resolution.
2. The Board reaffirms its support of the affordable-workforce housing initiatives
previously adopted by resolution and ordinance of the Board, as set forth above.
3. The Board is committed to increasing the number of affordable-workforce
housing units delivered to the community through its previously adopted affordable-workforce
housing initiatives.
4. The Board is fully committed to working with the community to assist in
application for and approval of the existing affordable-workforce housing initiatives.
5. The Board is open and receptive to revisions of the existing initiatives which
increase incentives for provision and retention of affordable-workforce housing in the
community.
(SV'L "IWYKJOOI08009.DOCv3)
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THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this
day of
ATTEST:
DWIGHT E. BROCK, Clerk
BY,
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
DAVID C. WEIGEL
County Attorney
ISV ANWYK/OOI08009.DOCv3)
,2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JIM COLETTA, Chairman
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RESOLUTION NO.
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPERSEDING AND REPLACING RESOLUTION 2005-408,
AMENDING THE COLLIER COUNTY ADMINISTRATIVE
CODE AND THE PROCEDURES FOR EXPEDITING THE
DEVELOPMENT REVIEW PROCESS FOR QUALIFIED
AFFORDABLE-WORKFORCE HOUSING; AND PROVIDING
FOR CODIFICATION OF THIS POLICY AND PROCEDURES.
WHEREAS, it is the intent of the Board of County Commissioners of Collier County,
Florida, to increase the amount of workforce housing affordable to its workers and residents,
encourage the retention of affordable-workforce housing in the County, encourage the location
of residences in proximity to employment centers, reduce commute times to places of
employment, and provide businesses with access to a pool of employees within the County;
and
WHEREAS, the Board has formally expressed its commitment to affordable-workforce
housing by adoption of the following Goals, Objectives and Policies in the County's Growth
Management Plan ("GMP"):
Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and
affordable-workforce housing for all residents of Collier County;
Housing Element Objective 1: to increase by at least 1000 the number of new affordable-
workforce housing units each year;
Housing Element Policy 2.4: requires amendment of codes and ordinances to promote
affordable-workforce housing by allowing for flexible design and encouraging mixed uses;
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Housing Element Policy 2.5: requiring review of permit processing systems to reduce
processing time for affordable-workforce housing; and
WHEREAS, in order to comply with Section 420.9071(16), Florida Statutes, the Board of
County Commissioners through Resolution No. 2005-408 adopted as its policy, specific
procedures for expediting the review of development orders and permits for affordable-
workforce housing projects to a greater degree than other reviews; and
WHEREAS, the Board of County Commissioners wishes to amend its expedited review
program to extend the benefit to providers of affordable-workforce housing serving families
with workforce and gap income levels, and to make the program consistent with other
affordable-workforce housing programs administered by the County; and
WHEREAS, the Board of County Commissioners desires to rescind Resolution 2005-408
and have this new Resolution take its place; 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:
(1) This Resolution shall supersede and replace Resolution 2005-408.
(2) The forgoing recitals are adopted as true and incorporated as part of this
Resolution.
(3) The Board of County Commissioners' affordable-workforce housing expedited
review policy as amended below is to be included where appropriate in the Collier Countya
Administrative Code and is adopted for immediate use as follows:
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(A) Purpose/Scope: Establish procedures for expedited reviews of all
development orders and permits qualifying as affordable-workforce housing so as to create
more affordable-workforce housing and comply with Section 470.9071(16), Florida Statutes.
The affordable-workforce 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-workforce 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-workforce housing. In order to qualify for affordable-
workforce housing expedited review, the applicant for a proposed development order or permit
must:
1. specifically request affordable-workforce housing expedited
review project status as part of an application for a County development order or permit, as
defined in Section 163.3164(7) and (8), Florida Statutes, 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,
2. be willing and be able to record in the public records a proposed
land use restriction, developer agreement, PUD restriction, affordable-worforce housing
payment 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
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from the 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 one-
hundred-fifty (150%) 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 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 one-hundred fifty percent (150%) 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 one-
hundred fifty percent (150%) 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-workforce housing project has qualified for
affordable-workforce housing expedited review status.
(C) Affordable- Workforce Housing Expedited Review Procedures.
1. Affordable-workforce housing expedited review qualification meeting.
Prior to an application for a development order or permit being submitted to Collier County for
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affordable-workforce housing expedited review, the applicants or agents must attend a
qualification meeting with the Operational Support and Housing Department (OSH). 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-workforce housing
expedited review by the Operational Support and Housing Department.
2. Submittal of affordable-workforce housing expedited review Application
and Certificate. Once qualified, a complete development order or development permit
application, including a certificate of affordable-workforce housing expedited 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
requalified under 1, above.
3. Affordable-workforce 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:
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).
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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 be "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-workforce housing expedited review period: one hundred twenty (120) business
days for Rezoning Petitions, sixty (60) business days for Plate or Site Development Plans, or
seventy-five (75) business days for Residential Building Permits. If an Environmental Impact
Statement is required with the application, an additional thirty (30) to forty-five (45) business
days of review 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 Council (EAC) and the Collier County Planning Commission (CCPC)
and scheduled meeting dates of the Board of County Commissioners (BOCC).
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e. In addition, an affordable-workforce 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-workforce housing expedited
review projects.
a. Review of any development order or permit with
affordable-workforce housing expedited review status will be completed and the appropriate
staff reports and approvals completed within one hundred twenty (120) business days for
rezoning requests, sixty (60) business days for platting or Site Development Plan requests or
seventy-five (75) business 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 the expedited review applications move through the review process in a timely manner, all
resubmittals should be provided to the County within twenty (20) business days from posting
of final staff review comments on the computer tracking system. As such, the County's
60/120/75 business day review timeframes will not include any time when the application has
been returned to the applicant for correction s based on the staff's sufficiency review comments.
c. In order to meet the expedited review periods, staff
reviewers must complete their initial review of affordable-workforce housing expedited review
applications within fifteen (15) business days from receipt of the rezone petitions, seven (7)
business days from receipt of platting and Site Development Plans, or seventy-five (75) business
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days from receipt of Residential Building Permits. If an Environmental Impact Statement is
required with the application, a thirty (30) to forty-five (45) additional business day review time
will be required. Sufficiency Review comments will be forwarded via fax or emaiI to the
applicant within one (1) working day 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 Manger or his!her
designee.
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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 project review meeting to b.e held with all the County reviewers yet to approve the
application.
5. Public meeting and hearings. Qualified affordable-workforce
housing expedited review projects will be given first priority for scheduling of all
Neighborhood Informational Meetings (NIM), 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
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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 RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this
day of
,2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JIM COLETIA, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
DAVID C. WEIGEL
County Attorney
{3907/ooIO0151296.DOCVl }
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