Agenda 06/11/2024 Item #16A11 (Density for the EKOS development under Florida Statute 125.01055(7)(a), the Live Local Act.)06/11/2024
Recommendation to approve the density for the EKOS development under Florida Statute 125.01055(7)(a),
the Live Local Act.
______________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners approve the density for the EKOS development under
Florida Statute 125.01055(7)(a), the Live Local Act.
CONSIDERATIONS: The EKOS project is located at 6360 Collier Boulevard, at the south-east quadrant of the
Collier Boulevard/Henderson Creek Drive intersection; and proposes a 160-unit development, with all units being
reserved for income restricted occupancy
On April 9, 2024 (agenda item 11A), the Board gave staff guidance regarding the administrative application
process for projects utilizing provisions of the Live Local Act in Collier County.
The guidance given was that in Collier County, the Live Local Act may only be applied to properties with straight
Commercial, Industrial, or Mixed-Use zoning. The Act cannot be applied on properties zoned Planned Unit
Development (PUD), even if the PUD permits commercial, industrial, or mixed-use land uses. This interpretation is
supported by a Florida Attorney General Office (AGO) letter dated July 20, 2023, in response to a question raised
by the City of Dania Beach.
Also, at the April 9, 2024, meeting, the Board instructed staff that for purposes of applying the Live Local Act in
Collier County, staff should use the highest residential density available utilizing current provisions in the County’s
Land Development Code (LDC) and Growth Management Plan (GMP), not densities that have been approved
through PUDs. This issue is not addressed in the AGO letter. This interpretation limits residential density available
through the Act to 25-units-per-acre. Previously staff had applied a maximum density of 92-units-per-acre to Live
Local developments based on the approved residential density in the Mini-Triangle MPUD.
Staff has since discovered an issue between this 25-units-per-acre cap and the Board’s proposed Live Local Act
development, known as Ekos Collier. Applying the 25-units-per-acre cap to the Ekos Collier development leaves
the project 8 units short of meeting its proposed 160-unit total.
Ekos Collier applied for surtax funding from Collier County for a 160-unit development on August 30, 2023. The
development was awarded $12.5M in state Live Local funding on January 16, 2024, based on 160 units. Then, on
January 23, 2024, the Board approved the use of surtax funding for the 160 -unit project. On February 14, 2024,
Ekos Collier held a Site Development Plan (SDP) Pre-Application meeting for the 160-unit development. Finally,
on February 27, 2024, the Board approved the reconsideration of the use of surtax funding for the 160 -unit
development.
See the complete timeline below.
• 07/01/23 Live Local Act takes effect
• 08/30/23 EKOS Collier ZVL = 92u/a
• 01/16/24 EKOS Collier approved for State funding at 160 units
• 01/23/24 BCC Approves surtax funding for 160 units
• 02/14/24 SDP Pre-App held for 160-unit development
• 02/27/24 BCC Approves surtax reconsideration for 160 units
• 04/09/24 BCC Issues new Live Local interpretation
The density calculation for the Ekos Collier development using the new 25-unit-per-acre cap is as follows:
• C-3 = 5.51ac MH = 1.92ac
• 5.51ac x 25u = 138 units derived from commercial parcel
16.A.11
Packet Pg. 654
06/11/2024
• MH 1.92ac = 86,635.2sqft; MH = 6,000sft/unit = 14 units derived from MH parcel
• 138u (commercial parcel) + 14u (mobile home parcel) = 152 total units
To achieve the required 160-unit total, the development, which is commercially zoned, as well as zoned Mobile
Home; would need to apply a density of 26.5-units-per-acre to the commercial parcel rather than the 25-unit-per-
acre cap.
However, it is important to note that when the total project density is blended across both the commercial and
mobile home zoned parcels, the result is an overall development density of only 21.5 -units-per-acre, well below the
25-unit-per-acre cap.
Section 3 of Senate Bill 328 (2024), also known as the Live Local Act Glitch Bill, became effective on May 16,
2024, and provides, in part:
An applicant for a proposed development authorized under s. 125.0155(7) or s. 166.04151(7),
Florida Statutes [[the Live Local Act]], who submitted an application, written request, or notice of
intent to utilize such provisions to the county or municipality, as applicable, before the effective date
of this act may notify the county or municipality by July 1, 2024, of its intent to proceed under the
provision of s.125.01055(7) or s. 166.04151(7), Florida Statues, as they existed at the time of
submittal.
This section would allow projects that had already applied to the County to use the Live Local Act the ability to
continue under the provisions as they existed at the time of their application, written request or notice of intent.
The Ekos Collier development applied to the County’s surtax program on August 30, 2023, and its intent to utilize
the Live Local Act was presented to and approved by the Board on January 23, 2024, and February 27, 2024. Ekos
Collier also applied to and was approved for funding by the State of Florida for its Live Local project, as provided
in Exhibit “A.” These actions serve as a written request under the Act to proceed under the provisions of
125.04055(7) as it existed prior to May 7, 2024.
Because of the public-private partnership on affordable housing and because EKOS gave the County a written
request applying staff’s interpretation of the Live Local Act in 2023 and early 2024, staff recommends approving
the density of 26.5 units an acre for the EKOS project.
FISCAL IMPACT: The fiscal implications regarding the application of the Live Local Act are unknown at this
time. While all applications of the Concurrency Management system are applicable to all Site Development Plans
processed under the Live Local Act, proportionate share payments for required improvements may prove
insufficient for the total cost of an individual project.
GROWTH MANAGEMENT IMPACT: The Live Local Act requires that, with the exception of density, height,
and land use described in the Act, the project must satisfy all requirements of the GMP, and with the exception
noted for density, the utilization of the Live Local Act will not impact the GMP.
LEGAL CONSIDERATIONS. This item is approved as to form and legality and requires a majority vote for
Board approval. (HFAC)
RECOMMENDATION: To approve the density of 26.5 units an acre for the Ekos Collier development under the
Live Local Act.
Prepared by: Mike Bosi - Division Director - Planning & Zoning
ATTACHMENT(S)
1. Ekos on Collier - Invitation to Credit Underwriting from FHFC (PDF)
16.A.11
Packet Pg. 655
06/11/2024
2. Notice of intent_Ekos on Collier (PDF)
16.A.11
Packet Pg. 656
06/11/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 28879
Item Summary: Recommendation to approve the density for the EKOS development under Florida Statute
125.01055(7)(a), the Live Local Act.
Meeting Date: 06/11/2024
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
05/10/2024 8:35 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
05/10/2024 8:35 AM
Approved By:
Review:
Zoning Mike Bosi Additional Reviewer Skipped 05/10/2024 8:35 AM
Zoning Mike Bosi Division Director Completed 05/10/2024 9:21 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
05/10/2024 3:34 PM
Unknown Jaime Cook GMCDD Reviewer Completed 05/29/2024 9:39 AM
Growth Management Community Development Department James C French Growth Management Completed
06/04/2024 1:52 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/05/2024 12:09 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 06/05/2024 12:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2024 2:11 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 06/05/2024 3:28 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/05/2024 4:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
16.A.11
Packet Pg. 657
16.A.11.a
Packet Pg. 658 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 659 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 660 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 661 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 662 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 663 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 664 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 665 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 666 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 667 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
16.A.11.a
Packet Pg. 668 Attachment: Ekos on Collier - Invitation to Credit Underwriting from FHFC (28879 : Ekos on Collier Live Local Vesting)
MHP COLLIER II, LLC 777 Brickell Avenue, Suite 1300, Miami, Florida 33131 May 8, 2024 Via email Amy Patterson, Collier County Manager 3299 Tamiami Trail East – Suite 202 Naples, FL 34112 RE : Notice of Intent for Proposed Project, Ekos on Collier, under Live Local Act MHP Collier II, LLC (“MHP”) hereby provides this Notice of Intent pursuant to the “Live Local Act” (SB 102) and Florida SB 328 (“SB 328”), as outlined in Section 3 of SB 328. On August 30, 2023, McDowell Housing Partners, LLC, an affiliate of MHP, received a zoning verification letter (ZLTR-PL20230013257) confirming that only the commercially zoned parcel of the subject property qualified for development under the Live Local Act. The letter also specified that the maximum density on the commercially zoned parcel was to be 91.77 units/acre based on the Mini-Triangle PUD (Ord. 22-37). In response to this verification, MHP applied for Collier County’s Workforce Housing Land Acquisition Surtax Funding on October 19, 2023, and was ultimately approved by the Collier County Board of County Commissioners (the “Board”) to utilize the allocated funding on February 27, 2024. Concurrently, based on the executed zoning verification from Collier County, MHP submitted an application to the Florida Housing Finance Corporation (“Florida Housing”) for gap financing under RFA 2023-213 SAIL Funding for Live Local Mixed Income, Mixed-Use, And Urban Infill Developments. On February 2, 2024, MHP was formally awarded funding by the board of directors of Florida Housing. Collier County Staff also approved and signed Florida Housing administrative zoning forms confirming that the Development’s proposed number of units, density, and intended use are consistent with current land use regulations or are consistent with sections 125.01055 (7) and 166.04151 (7), Florida Statutes. In accordance with Section 3 of SB 328, MHP hereby asserts its right to reserve the application of the proposed development as it existed prior to the April 9, 2024, meeting of the Collier County Board. This Notice of Intent serves both as a formal record and compliance with any applicable laws and regulations. Should you require any further information or documentation, please do not hesitate to contact me directly. Sincerely, MHP Collier II, LLC, a Florida limited liability company By: MHP Collier II Manager, LLC, a Florida limited liability company, its manager _________________________ Christopher L. Shear, Chief Operating Officer Direct (786) 577-9837 cshear@mcdhousing.com 16.A.11.b
Packet Pg. 669 Attachment: Notice of intent_Ekos on Collier (28879 : Ekos on Collier Live Local Vesting)