BCC Minutes 09/25/1990 S Naple~, Fl{,r~da, S-pt,.mber 25, lg90
LET IT BE PEME~BEPMD, that th~ Board of County Comml~.lor,er~ In
and for th~ County of Ct~lller, and al~o acting ~n the Board of Zon]n~
Appeals and a5 the gnv~rnlng board{a} of ~uch ~peclal districts as
have been created according to law and havln~ conducted business
h~reln, ~ on this date at 6:40 P.M. in $1~AL $~.~S~O~ tn Bui]din~
'F' of th~ Government Co=plex. East Nap]e~, Florida, with th~
fo~lc~e~n~ m~mb~rs pre~ent:
CHAIRMAW: Max A. Hamse, Jr.
VICE-CHAI~HAN: Michael J. Volpe
Richard S. Shanahan
Burr r0. Saunders
Anne GoodniGht
ALSO PBE~ENT: Mille Hoff~an, Deputy Clerk; ~on McLe~ore,
~mal~tant County Manager; ~n Cuyler, County Attorney: 3enntfer Pike,
A~tant to the County Manager; Frank Brutt, Community Development
~rvice~ Adminl~?rator; Pu~el] Shr~ve, Housing Urban Tm[~rov~m~nt
Director; Bob fllanchard, Grt~wth Plant, lng Director; Bill [,.~v~rt.~,
~arbara CacchJone, and David Weeks, Planners; and Deputy Byron
Tomllnson, ~herlff', Office.
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September 25,
~.egal notice h~vlng been published in the N~[~Ie~ D~Ii¥ New~ ~
B~ptem~r 17, ~0, ~ evidenced by Affidavit o~ Puhllc~tton
with th~ Clerk, public he.ring ~ opene~ to confider ~dopt~on o~
Collier Count7 A~ord~ble Housing Density Bonu~ ~rdin~nce, which
~ effective ~tthln the unincorporated area o~ Collier County,
Gr~th Management Planner Laverty advised that the Affordab]~
~ou~ing ~n~ity Bonu~ Ordinance ~ a Land Development R-~u]at[on which
~s required to be adopted pursuant [o the Growth Management Plan.
M-. Laverty stated that ~ev~ra[ developer~ have ~ub~itted
cation~ ~or the State Apartment Incentive Loan program. He noted [hat
~ application ~ubm[tted to the State loc ~[nanc[nG to build
d~ble houninO under the pro, ram will receive point~ In the
of th. ir application if the County ha~ adopted a Density Bonus
Ordinanc~ for Affocdab]~ Hou~inO. H~ noted that app]Icat ion~ ~nr
pro, ram are required to be ~ub~ltted to the State by Octobe~ 1Tth.
Mr. Lavert-/ report.d that th- October 17th (le,~dlln,, lmpoa.a
tl~ constraints for the public hearJn~ procesn for thl~ ordinance.
In addition, h~ explained that new ad~ertJsln~ and [,ubi lc h~arin~
which 1~ adopted aft,r October 1, lggO. }{e lndlnate(l that In order
Octo~r 9, ~990 at 5:05
~ce; th.e Affordable Houm~ng Density Bonus Ratin~ System which wuuld
m]]~ for an ~ncrease ~n density In accordance with the Comprehensive
Plan of an additional 8 unit9 per acre over and above the ba~e den-
~dr~m~; and the calculation of the D-n~lty Bonu~ which l~ b~.,ed
the factorm Jn Table 'A" and the DercentaGe of affordable units
will ~ provided In a particular development.
Hr. HerrilI stated that the other component of obtaining
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contained In Section ~ of the Ordinance, Pa~ 12. ~ related that
tNl~ Section s~akm to the term, form o[ a lien, ~nd ret~t ~nd price
limitations. In addition, he noted that the Agreement and
~y ~ obtained throu;h th~ PUD proc~, rezonlng, or on thelr own.
Co~t~uloner Volpe romarked that hla concern Is that the
Co~l~lon ha~ ~ Policy ~t~tlng that th~ ~pulat[on 1~ to b~ dlrec~-d
~wa'/ from the coastal ar~a~, and it should be acknowledged that
Count,/ Is not encouraging any t`/pe of housing fn th~,so arena. ~r.
~crrt,l advlned tha~ ~,!q could b~ added to thlq ordinance and
be ~p~lled out, generally, to cover the varlou~ typ~s of density
Sefl that th~ Count-/ allow~.
H~stng a Urban I~prove~,nt Director Shroev¢ stated that the
Zone, not lng that with th~ current tr~ff tc problem-, in th,~t are.,. '.~
la d~ to 3 unlt~ and ~lll be In effect until th~ D~partmen~
Core--nit? A~falr~ ruloa on tho changffs to the Growth Hnnag~ment Pl,~:t
~hlch ~a~ submitted with r~gard to the additional 600 a~fordable
houa tag units.
to ~nltorir, 9, ~ r~tl~cted la Section 9, Png,. 14 Armt;.~l Progre,~,.
· nd ~nltorin~ Pe~rt., ~nd rnc,,m~ V~rl~lc~tlun ~a,l C-rtiflcation
regard to eligibility. He noted that Section i0 relates to Violatl
~ Enforcement o~ th~ Grdln~nce.
for the [)ro,dr.~. t,) which ~r. ~hr.~'/. r-pll.-d th.,t ~,J,lltl,~n~i
Urban I~prove~nt Department will provide the
hr. ~rrlll called attention to Page 14. nol lrt9 that the lncom~.
verification and certification Is the mo~t time con~umln9 proc~s~, but
000,,,, Ol
Prig,. 3
B~.pt,~mb,.r 25, lqgC~
that b~rden ~ plac.d on the developer9 ~lnce th.y ar. required
receive the app~catton~ fro~ the potential buyer or tenant and th~.'/
are respon01ble for the verification of family income, and th~ ~:.-~ .,-
itoh of Income c~rt Iflcatlon. H~ disclosed that ali of the
~ilI ~ revle~ed b-/ Hr. Shreeve's department to mak~ sur~
is tn order.
Co~mtaqionpr Vo];,~ noted that hp doan not ~ant tr~ see another
the f~ille~ that occupy one of th~ affordable hou~ing un!t.~.
Cc ~l~loner Ha~e quest loned the minimum number of uni t~ that "~7
b~ ~ilt under ~hl~ ardlnaac., to ~hlch Mr. Merrill replied that
~lni~ Is 10 uait~, but thor. 1~ nothla9 to prohibl~ tha develops:
fro~ ~lldln9 addltlonal affordable unit~.
Mr. M~rrlll repll-d that this cauld b. requlr,-d, but suggested
Commissioner Goodnlght Indicated that ~h~ f.-~is that ~ach Indivi-
dual proJ.ct ~hould b~ r,.'~l~.d to d~t~r~In~ ~h~th,~r It .hould b,~
should b~ appro'/-d qlnr:~ th~ m~na~m~nt h,.l*~ a ~r)cnl r',,putatlr)n, l.~.,
th* Colll.r Count7 Ho,ialnw Authority,
Commissioner 5aund,.r. ,~nk~d ~h*.~h~.r th~. ordln..r~r:, r. rmld irmlu,l..
l~nguag~ cor. t~l.in,2 fl~xlblllt'l ~lth r~rj~rd t~ on-~it~ m~na~m~nt ~.,
factor for determining the density bonus rating. Hr'. Herrlll
iht he feels that I~nguage of this nature could be provided and
drift sa~ for consideration at th~ next public hearing.
Commissioner Han~e not-d that ther~ ar~ only a c~rtain number
C~e Enforcement otaff and after the llr.t 6 month~, certain types
d~elopsent~ ha,ye to be wdtched vet'/ carefully.
~r. ~hreeve reported that th~ Information h~ has provided l~
u~n the Reinhold P. Wolf Study which wa~ conducted in June, 1909.
r~rted that the stud? lndlcat~ that Col 1 let C~}unt,/ wl ] 1 n*.ed
¢olller County'~ worklng population earns le~n than ¢25.000 p~r
lnd therefore, 1,2g~ affordable housing unlt~ n~ed to be provided
ye&r. He ~dvl~ed that there are 1,390 ~ub~ldtzed units In the
415 In Naples, 775 In immokalee, and 200 are County-wide.
Mr. Shreeve explaln~d that a unit that t~ ~elling for $45,000
would result In monthly payments of approximately $~50/month which
determln. If the needn of th- co~munlty are b. ln~
Attorney AntNony Plren, of Woodward and Woodward. qtat,~d that he
represent~ cllenta w)~o are Ir~*..r,-st.d in
conjunction wlth a PUD, or to follow
~bllc h.arlng proc.~, th~ public h~alth,
mt on an a,i No,: baa:m .~ to whether It 1,~ approprlat., to r,~quIre,
~ted that he ha~ probI.ma wlth th. cumber.~om,, n~tur,, of the
re]at~n~ to entire rezonln~ proce~ .t~d the cr[t.rla of ~a,~e whlck
providing affordable hou~lwd. He call.d att.nt~on to Sectlon~ ~.7
~b~ r mo~.
County kttor~e7 Cuyler ad'zl~e~ that the Comm~sion need~ to
t~ ~mltlon and clarify that Development Agr-ement~, will not replac-
Pa~e 5
September ~5, 1990
zoning.
Coulssion~r Maunders stated that in order to have an Affordable
Ho~aing project and obtain density bonus points, the underlying zoning
wo~ld need to be in place, or the dmv~loper would ne~d to come in and
apply for a rezone.
Attorney Ptrem explained that there may be a residentially zoned
or ~mltl-famlly zoned property where the developer may wish to
Increase the allowabl~ number of units that can be built on that
petty and a Development Agreement may be appropriate la that Instance.
Com:~Issloner Maunders indicated that staff wan instructed to
lusts ather areas where development agreements could be utilized,
smggested that staff consider development agreements for the type
pro~ect am indicated ~ Mr. Plres.
Attorney Plr~s called attention to the defin[:fon of Affordabl~.
Ho~sln9 as referenced In the Roads, Library and Parks Impact Fee
Ordinances, which mtates that an admlnlstratlv~ exemption from tho~o
fees ~y ~ granted. He noted that It Is very difficult to qualify
for thos~ exemptions.
Hr. Shreeve re~rted that the Affordablm Housing Task Forc~
· ddresslng that Issue and when their re~rt i~ compl~te, he wiII for-
~rd sa~ to the Co~lmmlon, and u~ates will b~ mad~ to tho~. impact
hr. PJres noted that ~ction 7.27 of th~ Zoning Ordinance speaks
~o the application for PUD's and the stinlaum ~quare footages which are
~t addressed In thlm ordinance.
Hr. Bill Jones cl~ed concerns with regard to compatibility with
'tbs ~urroumd!ng community. He noted that the Colli,r County Plannln
Co~ission did not take action on thl~ item since they believe there
are too ~ny available units. }{e related that he ~oo, feel~ thc:
there are too ~ny unlt~, but does not believe that they are affor-
~bl~. He r~eal~d that h~ do~s not want to see developers takinG
~vantage of th~ County's Ordinance by ~akinG affordable housing
~allable to th~ co--unity by putting up a high density, slum :yp~
Page 6
September 25, 1990
pment, and then leaving toe~l with the government assuming the
responsibility of that project. Re noted that he does not see
anything in the ordinance which protects Collier County from that
~entng. He questioned whether granting the density bonuses requires
a 4/5's vote, to which Mr. Merrill replied affirmatively.
Mrs. Dorothy Fitch, Co-President of the League of Women Voter~
Collier County and a me~ber of the Affordable Housing Task Force,
reminded the Commission that the Grc~wth Management Plan requires a
Pene!t¥ Bonus Ordinance, and noted that the sooner it i~ in place,
better It will be.
Mr. Chuck Mohlke, speaking on behalf of Affordable Housing of S.W.
Florida, stated that he ha. nine years of experience with the
Washington Carver Apartments in th~ City of Naples which ~erv~ ag
iq?O's need that Is being discussed, but that is not what Is addre~ed
]n the Ordinance. He noted that the sppllc&t~on process preclude~ any
~)otentlal rot abuse. He related that a thorough review, against
criteria in the ordinance will be made prior to submission to
Planning Commission. He mentioned that provialon~ ar~ included to
~ro%,ide developer fIex~bllity and incentive. }{. rev.a~ed that thin
ordinance a[I ow~ a deveXoper the opportunity to provide between
20~ of him total unit. to me.t the need~ of per~ont~ who are pressed
~den ~n terms of f[ndJng access to the place oJ work with
private trans~rtation. He stated that anyone who believes that there
~ not the need to prov]de these units in Collier County should re~,l
~he data and analy~l, section of the County's Comprehensive Plan
County A~ornny Cuy/er sta~ed ~ha~ ~f ~here ~ no additional
d~rect~on for Staff, ~he Comm~ssion should clo~e this publLc hearing,
and adjourn ~he meeting, wl~h ~he understanding that there w~ll
another public h~rlng on October 9, 1990 at 5:0.5 P.H,
that the public hearing be closed.
There being no further buslne~t for the Good of the County, th-
~eetlng was adjourned ~! Order of the Chair - Time: 7:45 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFTICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~ (l~eae minutes &l;rDroved by the Board on
aa presented ~ or &~ corrected
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