Agenda 10/14/2025 Item #11C (A Florida Housing Finance Corporation Local Government Verification)10/14/2025
Item # 11.C
ID# 2025-4280
Executive Summary
*** This item to be heard at 10:00 AM ***
Recommendation to consider directing the Zoning Director to sign a Florida Housing Finance Corporation “Local
Government Verification that Development is Consistent with Zoning and Land Use Regulations” form in accordance
with Florida Statutes 125.01055.
OBJECTIVE: To increase the supply of housing that is affordable in Collier County by utilizing zoning provisions
allowed by State Statute and funding available from the State of Florida.
CONSIDERATIONS: Gallery at Naples, LLC plans to construct a 120-unit affordable housing development on a 2.03-
acre site at 1465 Golden Gate Parkway (folio #61940680008 & 61940720007). The site is zoned Commercial (C-4).
Gallery at Naples also controls an adjoining 0.61-acre parcel in the City of Naples, proposed to remain as greenspace.
Gallery at Naples is requesting that Collier County exercise its power authorized by State Statute 125.01055(6), which
reads in part…
Florida Statutes 125.01055 Affordable housing. -
(6) Notwithstanding any other law or local ordinance or regulation to the contrary, the board of
county commissioners may approve the development of housing that is affordable, as defined in s.
420.0004, including, but not limited to, a mixed-use residential development, on any parcel zoned
for commercial or industrial use, or on any parcel, including any contiguous parcel connected
thereto, which is owned by a religious institution as defined in s. 170.201(2) which contains a
house of public worship, regardless of underlying zoning, so long as at least 10 percent of the units
included in the project are for housing that is affordable. The provisions of this subsection are self-
executing and do not require the board of county commissioners to adopt an ordinance or a
regulation before using the approval process in this subsection.
This statute allows the county to authorize (on a case-by-case basis) the development of housing that is affordable on
any commercially zoned parcel, at any density, height, and development standards that the Board deems appropriate.
Gallery at Naples requests that the Board use its power granted through this statute to authorize the development of 120
affordable units on this site. Gallery at Naples further commits to the following conditions:
1. The proposed development must comply with all applicable provisions of the Code and all other applicable
laws.
2. The proposed development will be in strict compliance with the parking, setbacks, and buffer requirements
set forth in the RMF-16 zoning district.
3. The AMI levels for the proposed affordable housing project will be in accordance with the following AMI
chart.
%
AMI
# of
Units
% of
Development
22% 3 2.5%
30% 18 15.0%
50% 4 3.3%
60% 43 35.8%
80% 29 24.2%
100% 11 9.2%
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10/14/2025
Item # 11.C
ID# 2025-4280
110% 12 10.0%
4. One hundred percent (100%) of the units will remain affordable for a period of no less than thirty (30)
years.
5. This request is subject to a future developer agreement between the BCC and Gallery at Naples, which will
be subject to the public hearing process with the CCPC and the BCC to ensure and further memorialize the
Developer’s legal obligations and conditions for the development of the subject affordable housing project.
Gallery at Naples' project necessitates state funding from the Florida Housing Finance Corporation, with a deadline of
October 27, 2025, to apply for 2025 funding. In order to have a sufficient funding application, the County’s Zoning
Director must execute the required Zoning Verification Form once the site’s density has been affirmed by the BCC.
Approval of this item supports the strategic plan priority of increasing housing affordability.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: This item assists Collier County in addressing goals and objectives in the
Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. I have the following comments:
1. Typically, a request such as this would be made under a Public Petition. However, it is being brought in this
manner as the Developer cannot wait until the second meeting of October due to a deadline to submit the
financing application to the Florida Housing Finance Corporation (FHFC).
2. If the Board would like the Developer to go through the normal rezoning process, the Board can either deny the
request or consider directing the County’s Zoning Director to conditionally approve the request pending a
hearing on the application for a rezone. Whether the Florida Housing Corporation would accept a conditional
approval is entirely up to them.
With that noted, this item is approved as to form and legality and requires a supermajority vote for approval. -JAK
RECOMMENDATIONS: To consider directing the Zoning Director to sign a Florida Housing Finance Corporation
“Local Government Verification that Development is Consistent with Zoning and Land Use Regulations” form in
accordance with Florida Statutes 125.01055.
PREPARED BY: Cormac J. Giblin, AICP, CPM, Director, Housing Policy & Economic Development Division
ATTACHMENTS:
1. Statute 125.01055
2. FHFC Zoning Form
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(Form Rev. 06-2023)
FLORIDA HOUSING FINANCE CORPORATION
LOCAL GOVERNMENT VERIFICATION THAT DEVELOPMENT IS
CONSISTENT WITH ZONING AND LAND USE REGULATIONS
Name of Development:
Development Location:
(At a minimum, provide the address number, street name and city, and/or provide the street name, closest designated intersection and either the city
(if located within a city) or county (if located in the unincorporated area of the county). The location of all Scattered Sites, if applicable, must also be
included.
Number of Units in the Development: ___________________________________
This number must be equal to or greater than the number of units stated by the Applicant in Exhibit A of the RFA.
The undersigned Local Government representative confirms that, as of the date that this form was signed, the above
referenced Development’s proposed number of units, density, and intended use (i) are consistent with current land use
regulations and zoning designation; OR (ii) are approved pursuant to sections 125.01055(6) and 166.04151(6), Florida
Statutes; OR (iii) are consistent with sections 125.01055 (7) and 166.04151 (7), Florida Statutes; OR, (iv) if the
Development consists of rehabilitation, the intended use is allowed as a legally non -conforming use.
CERTIFICATION
I certify that the City/County of ________________________________ has vested in me the authority to verify
(Name of City/County)
consistency with local land use regulations and zoning designation or, if the Development consists of rehabilitation,
the intended use is allowed as a "legally non -conforming use" and I further certify that the foregoing information is
true and correct. In addition, if the proposed Development site is in the Florida Keys Area as defined in Rule Chapter
67-48, F.A.C., I further certify that the Applicant has obtained the necessary Rate of Growth Ordinance (ROGO)
allocations from the Local Government.
Signature Address (street address, city, state)
Print or Type Name Address (street address, city, state)
Print or Type Title Telephone Number (including area code)
_______________________________________
Date Signed
This certification must be signed by the applicable City's or County's Director of Planning and Zoning, appointed official (s taff) responsible for
determination of issues related to comprehensive planning and zoning, City Manager, or County Manager/Adminis trator/Coordinator. Signatures
from elected local government officials are not acceptable, nor are other signatories. If there are alterations made to this form that change the
meaning of the form, the form will not be accepted.
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