Agenda 05/03/2002 W AGENDA
BCC WORKSHOP - MAY 3, 2002, 9:00 A.M. - 12:00 P.M.
TIME TOPIC
1 HOUR 1. Changes to LDC for PUD Time Limits (Sunsetting) including
overview of remaining 8 PUDs to be sunsetted
2. Changes to Land Development Code for Planned Unit
Developments (PUDs) /
15 Minute Break
1 HOUR
45 Minutes
3. Affordable Housing Discussion
4. Public Comment
EXECUTIVE SUMMARY
DISCUSSION OF APPROVED PLANNED UNIT DEVELOPMENTS THAT ARE
PRESENTLY SUBJECT TO SUNSETTING PURSUANT TO SECTION 2.7.3.4.;
DISCUSSION OF PUD' REZONING AME~~S AND SUNSETTING
PROCEDURES; DISCUSSION OF AVAILABLE AFFORDABLE HOUSING
INCENTIVES.
OBJECTIVE: To respond to the Board's direction with respect to PUD's that have
sunsetted pursuant to the requirements of the LDC and to continue the discussion fi.om
the workshop held on April 24, 2002 specifically with respect to proposed revisions to
the PUD rezoning procedures. Furthermore, to initiate a discussion with the Board
outlining the variety of available affordable housing incentives in order to consider
affordable housing incentive options and possible future amendments to the Land
Development Code and Growth Management Plan, relative to those options
CONSIDERATIONS:
PUD Sunsetting: The Board has directed staff'to implement wholesale changes to the
Growth Management Plan and Land Development Code in an effort to focus on
community concerns relating to growth. The Board has indicated a desire to review all
PUDs presently subject to the stmsetting requirements of 2.7.3.4 of the LDC. Based on
County records, 16 PUDs are in immediate need of action as they are presently subject to
the sunsetting provisions of the Code. The 16 PUDs total 844.62 acres. The cumulative
total development impact if these projects were to be developed today is 70.37 acres of
commercial development for a total of approximately 595,738 square feet of future
commercial space; 2,503 residential dwelling units; 37.5 acres (504 square fee0 of
industrial land uses; and 310 hotel units (see exhibit "A"). Due to the age of most of the
projects, staff anticipates they will provide a "blanket" recommendation for all projects,
recommending that the property owners be given six months to submit an amendment to
the currently approved PUD. All projects will be addressed as part of one executive
summary, with reference to each individual project. Staffhas compiled the list of
property owners for each project and is in the process of sending registered or certified
notification to each property owner advising them of the pending action before the board,
presently scheduled for May 28, 2002. This second workshop in a series of three
workshops scheduled this spring, will outline the 8 remaining puDs subject to sunsetting.
Currently, the sunsetting procedure is strictly staff initiated. There is no mechanism to
allow an owner to seek an extension for a project even if the owner knows that the time
frame will be exceeded. This forces the county into a reactive state to ensure compliance.
Lengthy staff monitoring'of PUD zoned projects may be reduced if extension requests
can be owner-initiated. The funds expended to extend the life of a PUD should be borne
by the developer, not the general public. When staff is the primary respondent to
sunsetting requirements rather than the owners, no fee is charged or colle *,',~ nn .....
2OO2
is passed to the public with no oppommity to collect a fee from the affected property
own~l'.
LDC Amendments: Cycle 1, 2002 LDC amendments are scheduled to be heard by the
CCPC on April 24, 2002 and May 8, 2002, and the Board of County Commissioners on
May 29t~ and June 19th. 'The amendments to be considered include: Prohibited Uses and
Structures; Commercial Districts; Industrial Automotive Sales; PUD documents; and
Auto parking in conjunctions with residential structures. At the last workshop, staff
presented a summary of the table of contents of the Land Development Code and
abbreviated list of the sections of the Code that staff recommended the Board consider for
amendment, in order to respond to the Board's desire for a Comprehensive re-write of the
LDC. The Board directed staff to return at a later workshop with a defmitive schedule
resulting from input received at the previous workshops and one-on-one meetings with
the Interim Planning Services Department. The one-on-one meetings begin the week of
May 6, 2002 and the last workshop in this series is scheduled for June 17, 2002
Changes to PUD procedures:
Based on Board direction and input received during PUD rezoning public hearing
processes, staff will be prepared to discuss some proposed changes to the PUD
procedures outlined as follows:
Consider amending the current Planned Unit Development (PUD) designation to more
clearly reflect the type of project that is proposed e.g., Planned Development (PD)
Districts, with a distinction for proposed use such as Residential Planned Development
(RPD), Commercial Planned Development (CPD) and Industrial Planned Development
(IPD). Also set aside a designated Mixed Use Planned Development (MUPD) to allow a
mix of residential, commercial and industrial uses. Additional districts may also be
needed based upon a more comprehensive review.
To address internal and external compatibility, a matrix of Permitted uses for each PD
district could be included in the LDC. Each project would choose a list of proposed uses
for that project. The PUD Master Plan would be required to show the general area
proposed for each different type of use within any project. For example, plans would
need to show what density and housing type are proposed for specific areas in an RPD,
and types or uses by SIC major or industry group type would need to be shown in
specific areas within Commercial Planned Developments and Industrial Planned
Developments. A list of uses that would be applicable to an entire project would not be
acceptable.
Consider adopting attainable (maximum can be sought but approval is not automatic)
maximum heights within each district based upon a certain standard or a mean average of
existing building heights ~Irithin a specified distance. Consider allowing higher buildings
within specific areas or project-wide if a project can meet specific criteria (such as a
percentage above the required) for increased setbacks, increased buffers, and preservation
of additional open space, and retention of indigenous area or some combination of those
items. Consideration could be given to step-down heights within a pre ~' tn -" ....
MAY 0 3 2O02
increased heights well interior (providing a measurable distance or percentage) to a
project rather than on the project perimeter.
Consider combining the various Planned Development amendments into two types.
Either the amendment is minor and can be addressed administratively or the amendment
is of such a nature that it Would require Planning Commission approval. If the Board of
County Commissioners adopts amendments to the LDC to require increased detail on the
originally approved plans, changes would not need Board approval.
Affordable Housing Density Bonus: Staff is prepared to outline the Affordable Housing
Density Bonus program as adopted in the Land Development Code, and will be prepared
to address concerns or questions raised by the Board of County Commissioners.
GROWTH MANAGEMENT PLAN: This proposal has no immediate impact on the
Growth Management Plan. Staffwill ensure that future amendments to the LDC are
consistent with the Growth Management Plan and any future changes thereto.
FISCAL IMPACT: The estimated cost to conduct a comprehensive re-write of the
Land Development Code is the equivalent of 2.5 FTE's for a period of 2 years, at a cost
of approximately $260,733. This excludes time and cost associated with amending the
Land Development Code as a result of the adoption of the Rural Fringe and Rural Land
amendments to the Growth Management Plan, or any amendments associated with the
Community Character Plan or any other zoning overlay amendments. It is anticipated that
funding for this project will come fi.om Community Development fund (113).
RECOMMENDATION: That the Board of County Commissioners direct that the 16
PUDs be brought forward at a hearing in May, in order that they may take official action
pursuant to the appropriate provisions of the LDC, to direct that the property owner of
each PUD be required to submit an amended PUD within 6 months of Board action.
Furthermore, that they direct staff to amend the PUD procedure provisions of the Land
Development Code in a manner similar to that outlined above and in accordance with the
backup provided as part of this executive summary.
PREPARED BY:
PLANNING SERVICES DEPARTMENT
DATE
APPROVED BY:
i/_O~EPH IC S~T, ADMfNISTRATOR DA~'Er
[Ctq)MMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
3
MAY 2002
Backup Material for Topic 1:
Changes to LDC for PUD Time Limits (Sunsetting) including overview of remaining 8
PUDs to be Sunsetted
4
MAY O 3 2002
PROPOSED CHANGES TO PUD TZME LZHZTS (SUNSETT'ZNG)
2.7.3.4. Time limits for approved PUD master plans. In the event that a PUD master plan
is given approval, and the landowner(s) shall:
For residential portions of PUDs, the owner entity shall initiate physical
development of infrastructure improvements, including access roads,
internal roads, sewer and water utilities and any other related
infi'astmcture, that supports a minimum of 15 percent of the designated
residential area or areas of the PUD by the third anniversary date of the
PUD approval. An additional 15 percent of such infrastructure shall be
completed every year thereafter until PUD buildout.
For the nonresidential portions of PUDs and commercial and industrial
PUDs the owner entity shall initiate physical development of a minimum
of 15 percent of authorized floor area when approved on the basis of a
defined amount of floor space, by the third anniversary date of the PUD
approval. In the event the floor area is not the defining intensity measure,
then 25 percent of the land area to include some representative portion of
the building space shall be constructed by the third anniversary of the
PUD approval date. The same amount of development shall be required
every year thereafter up to an amount representing 75 percent of
authorized buildable area and floor area. Thereafter the PUD shall be
exempt from these sunset provisions.
The owner entity shall submit to the development services director a status report on the
progress of development annually from the date of the PUD approval by the board of
county commissioners. The singular purpose of the report will be to evaluate whether or
not the project has commenced in earnest in accordance with the criteria set forth above.
PUDs approved prior to October 24, 2001 remain subject to the PUD five-year sunset
provision. Amendments made thereafter shall be subject to the three-year provision.
PUDs and PUD amendments made thereafter shall be subject to the three-year sunset
provision. [fin the event of a moratorium or other action of government that prevents the
approval of any final development order the duration of the suspension of the approval
shall not be counted towards the three-year sunset provision. However, inab!lity to meet
.specific conditions of the PUD Ordinance or stipulations of d~¢el°pment omer approval
will not invalidate the sun.qetting pmvisions~
This is new language. The current code does not address this issue. This section
addresses an ambiguity tfiat has arisen in the staff review of sunsetting PUD projects.
PUD approvals and development order approvals often contain conditions or
stipulations requiring a developer to comply with some future action. For examPle,
PUD's have been approved requiring connections to un-built roadways, with a condition
that development cannot occur or development approvals cannot be
roadway connection is made.
G:\CurrentXDeselem~PUD Sunsetting~PUD Sunsetting changes.doc
PROPOSED CHANGES TO PUD TIME LIMITS (SUNSETrlNG)
Page 2 of 3
May 1, 2002
If the roadway is not built within the sunsetting timeframe, the PUD may be prohibited
from compliance with the.' conditions, and thus unable to proceed through construction
and therefore subject to sunsetting. The development community seems to be of the
opinion that the PUD Ordinance shouM remain active until the project can comply with
such conditions.
Staff believes that the sunsetting provision is designed to expose such situations. If the
roadway was not constructed at that location at that time, the project should be reviewed
to see if the PUD is still appropriate. The roadway funds could have been directed to
another more dire need that was not apparent when the PUD was approved.
Staff believes that only so much reliance should be made upon proposed roadway or
other public projects because priorities change over time. If development interests are
'heightened in another area that warrants public improvements, sometimes shifts in
resources are appropriate and other areas should be re-evaluated.
PROS: Adopting this change could make development react more responsibly to changes
in public facility commitments.
CONS: Adoption of this language may require more projects to be re-evaluated, and
may generate controversy within the development community.
Should the development services director determine that the development has
commenced in earnest, then the land shall retain its existing PUD approval and
shall not be subject to additional review and consideration of new development
standards or use modification.
Should the development services director determine that the development has not
commenced in earnest, then upon review and consideration of the report provided
by the owner and any supplemental information that may be provided, the board
of county commissioners shall elect one of the following:
Require the owner to submit an amended PUD in which the unimproved
portions ot; the original PUD shall be consistent with the growth
management plan. The existing PUD shall remain in effect until
subsequent action by the board of the submitted amendment of the PUD.
G:\Current~Deselem\PUD Sunsetting~PUD Sunsettlng changes.doc
MAY 0 3 2002
PROPOSED CHANGES TO PUD TIME LIMrrs ($UNSETTING)
Page 3 of 3
May 1, 2002
proceedings to rezone the unimproved portions of the original PUD to an
appropriate zoning classification consistent with the future land use
element of the growth management plan.
This is the most major change that staff determined from the 4/24/02 workshop that the
Board of County Commissioners wanted to see. The current code provides the Board
with two options for a PUD that has reached it time limit, i.e., extension or submittal of
an amendment. If the board opts to require an amendment and no amendment is
submitted, then, but only then, can the board initiate rezoning action. The proposed
change would change the board's options by DELETING the extension clause and
instead requiring any extensions to be done as an amendment. The Board will be left
with two options: 1) require an amendment, or 2) initiate rezoning by directing staff to
prepare a rezoning application. NOTE: The PUD would NOT be rezoned as part of the
PUD sunset review. The petition to rezone would need to go through the normal public
hearing and public notice procedures.
PROS: The proposed change would allow the board to take quicker action on
inappropriate PUD 's. For example, the county has purchased one PUD zoned tract and
the property has been put to public use, unrelated to the PUD zoning. The owner, in this
case the county, does not need six months to amend the PUD. In addition, the Board will
be revisiting older PUD's as part of the amendment public hearing process.
CONS: If the Board initiates the rezoning, the board must absorb the rezoning costs,
such as advertising, public notice and staff time spent preparing the application. This
cost issue, however is the same for the current requirements and the proposed language.
G:\Current~Deselem\PUD Sunsetflng\PUD Sunsettlng changes.doc
NAY 0 3 2002
PUD SUNSET SUMMARY
844.62
70.37acres/595,738. sq. ft12,503 I 37.5 acres/540 sq. ft I 310
* Note: Myrtle Woods PUD has no square footage limitation. Therefore the acreage
figure includes the acreage for that project, but the square footage figure does not.
G:\Current~Deselem~PUD Sunsetflng\PUD Sunset Summary TOTALS.doc
MAY o~ 2OO2
Backup Material for Topic 2:
Changes to LDC for PUDs
itl
OUTLINE OF PROPOSED CHANGES TO LDC CODE FROM PLANNED UNIT
DEVELOPMENT TO (PUD) PLANNED DEVELOPMENTS (pD's)
AN ABBREVIATED OVERVIEW BASED ON CURRENT CODE STRUCTURE
1. Name change:
Proposed name change from Planned Unit Development District
(PUD) to - Planned Development Districts (PD)
Purpose:
Pros:
Cons:
To be more definitive in exactly what the majority
of PUD'S are actually being planned for, and
recognize that "units" may not be included.
New name will foster better understanding of the
process and what is actually acted upon and
approved.
Difficult to separate from old habits and visualize a
new concept.
2. Description of Purpose and Intent:
Planned Development (PD) districts. The purpose and intent of
the various planned development districts is to further implement
the goals, objectives and policies of the Growth Management Plan
while providing some degree of flexibility in planning and
designing developments by:
bo
Co
11
Facilitating state of the art site planning in order to improve the
quality of the built environment and to ensure the most
economical use of land and public resources.
Stimulating, where appropriate, the integration of new
development with surrounding land uses, providing for
consistency and visual harmony through various techniques,
including screening and buffering, sign control, architectural
controls and landscape design.
Encouraging multiple or mixed use development strategies,
including the use of several housing types, the provision of
several uses in combination such as residential and
,aeighborhood commercial, office and light industry, and other
analogous combinations;
Promoting improved and unifying design techniques that
reduce dependence on vehicular movement within the
development, encourage the use of joint parking ~ ~- ~':-?q[nll
facilities, provide for joint access, and generall 'm~
adequate service and facilities while avoiding negative impacts
on surrounding land use and traffic circulation;
e. Encouraging patterns of land use that support more economical
provision of infrastructure.
f. Providing a mechanism by which the preservation or
conServation of historic or natural resources and environmental
amenities including open space, may be ensured;
g. Providing a mechanism for offsetting any increased cost of the
premature commitment of capital by any public utility or
service provider through developer donations and dedications;
of capital, through private provisions and operation of services
and facilities, or through a system of impact fees;
h. Providing a process and record on which developers, public
officials, the general public and the consumers of development
may rely; and
i. Providing for the protection and preservation of resources
through reuse, sensitive adaptive use, compatible design and
rehabilitation.
Proposed purpose and intent is to further implement the goals,
objectives and policies of the Growth Management Plan while
providing some degree of flexibility in planning and designing
developments.
Purpose:
To define the broad scope of potential PD'S and
they're role in providing flexibility and diversity in
community planning.
Pros:
Succinctly sets the parameters of the scope to be
addressed by the district.
~ Cons:
Greater degree of specificity may stymie creativity.
3. General - Development Standards:
Proposed purpose is to better define the types of projects that are
commonly being applied for and request an increase in necessary
specificity. Develop categories of each district with special
criteria.
AGENDA ii~
O3 2O02
Proposed Residential Project:
A) RPD residential planned development district
1) The intent of the RPD district is to further the general
purpose of planned development as it relates to
residential areas.
2) The principal use of any residential planned
development is human habitation in permanent year-
round dwelling units. However, the RPD district allows
some limited non-residential uses for the convenience
of the residents and the welfare of the public.
Tvoe A - Proposed Single Product type,
e.g., all single - or all multifamily uses
within project
(Type A - Bubble plans are acceptable
Specific uses need not be located on the site
piano
Type B - Proposed Mixed product type
project
(Type B- Small Projects: under 10 acres:
bubble plans are acceptable, but perimeter
buffering must be shown)
(Type B - Large Projects: 10 acres or more
- location of specific use groups must be
generally shown on the site plan - building
footprints need not be shown.)
Purpose:
PTos:
Cons:
To define the specific scope of potential RPD'S and
they're impacts to surrounding properties.
Succinctly sets the parameters of the scope to be
addressed by the applicant.
Greater degree of specificity will allow more
detailed evaluation allowing for fewer "surprises",
but not favorable to speculation. Necessitating
more up-front cost for developer.
t3
4AY o 3 2002
Proposed non-Residential Pro|ect:
CFPD community facilities planned development
district. Thc purpose of the CFPD district is to
accommodate those governmental, religious and
community service activities which frequently
complement and are necessary to the types of activities
permitted in other zoning districts, but which, due to the
size, intensity or nature of the use and the potential
impact on adjacent land uses, roads or infrastructure,
should not be permitted as a use by fight in those
districts.
B)
CPD commercial planned development district.
1) The intent of the CPD district is to further the
general purpose of planned developments as it
relates to commercial development.
2) The principal uses of any commercial planned
development are generally the retail sale and
distribution of consumer goods and services, or
the provision of standard office space for
various purposes, including the delivery of
professional services (including health care,
short of inpatient facilities), or financial
services, or for the administration of business
and general business purposes. Ancillary uses
which may be permitted in the commercial
planned development district include permanent
human habitation in multiple-family buildings
and townhouses, transient housing in hotel or
motel rooms, health care facilities, and other
limited institutional uses and selected light
industrial uses.
Tvoe A - Proposed Office and Retail uses
abutting other retail zoning or use.
(Type A - Bubble plans are acceptable
Specific uses need not be located on the site
piano
T¥oe B - Proposed Office abutting any
residential zoning or existing residential use.
03 2OO2
(Type B- Small Projects: under 10 acres:
bubble plans are acceptable, but perimeter
buffering must be shown)
(Type B- Large Projects: 10 acres or more
- location of specific use groups must be
generally shown on the site plan - building
footprints need not be shown.)
Twe C - Proposed Retail abutting any
residential zoning or approved or existing
use.
(Type C- Location of specific use groups
must be shown on the plans for small and
large projects. ,4ll proposed project
boundary buffering must be shown on the
site plan for small and large projects.)
Purpose:
Pros:
Cons:
To define the specific scope of potential CFPD'S &
CFD'S and they're impacts to surrounding
properties, in two, three and four dimensions.
Succinctly sets the parameters of the scope to be
addressed by the applicant.
Greater degree of specificity will allow more
detailed evaluation allowing for fewer "surprises",
but not favorable to speculation. Necessitating
more up-front cost for developer.
Proposed Industrial Project:
IPD industrial planned development district - The
intent of the IPD district is to further the general
purpose of planned development as it relates to
industrial development. The principal use of any
industrial planned developmeut is the manufacture of
goods and materials, and the storage and wholesale
distribution of such goods and materials. However, for
the welfare of the public and for the efficiency of the
local economic structure, the IPD district permits many
services and activities not allowed elsewhere and a
limited number of commercial uses intende( to s~llH~AiC-ua
MAY 0 3 2002
principally the employees of patrons of businesses
within the IPD.
B) AOPD airport operations planned development district.
The purpose and intent of the AOPD district is to
accommodate and regulate those lands where public
airports and ancillary facilities are conducted.
Type C - Proposed Industrial abutting any
residential zoning or approved or existing
(Type C- Location of specific use groups
must be shown on the plans for small and
large projects. ,411 proposed project
boundary buffering must be shown on the
site plan for small and large projects.)
Purpose:
Pros:
Colts:
To define the specific scope of potential IPD'S &
AOPD'S and they're impacts to surrounding
properties, in two, three and four dimensions.
Succinctly sets the parameters of the scope to be
addressed by the applicant.
Greater degree of specificity will allow more
detailed evaluation allowing for fewer "surprises",
but not favorable to speculation.
Necessitating more up-front cost for developer.
Proposed Mixed Use Proieet:
~/) MPD mixed-use planned development district. To
permit planned developments with a mixture of uses in
accordance as set forth in this chapter and GIMP to
reduce the number of vehicular trips on the county's
arterial and collector road network.
Type A - Residential on project property
boundaries. Office on propcn'ty boundaries
abutting other commercial zoning or use.
(Type ,4 - Bubble plans are acceptable
Specific uses need not be located on the site
plan.)
MAY 0 3 2002
Type B - Retail on project property
boundaries, but residential abutting retail
internal to the project.
(Type B- Small Projects: under 10 acres:
bubble plans are acceptable, but perimeter
buffering must be shown)
(Type B- Large Projects: 10 acres or more
- location of specific use groups must be
generally shown on the site plan - building
footprints need not be shown.)
Tvoe C - Retail or Industrial abutting any
residential zoning or uses on project
property boundaries or the internal to the
project.
(Type C- Location of specific use groups
must be shown on the plans for small and
large projects. ,411 proposed project
boundary buffering must be shown on the
site plan for small and large projects.)
Purpose:
Pros:
Cons:
To define the specific scope of potential MPD'S
and they're impacts to surrounding properties, in
two, three and four dimensions.
Succinctly sets the parameters of the scope to be
addressed by the applicant.
Greater degree of specificity will allow more
detailed evaluation allowing for fewer "surprises",
but not favorable to speculation.
Necessitating more up-front cost for developer.
CONTINUATION OF CURRENT CODE STRUCTURE:
MIi~IMUM DIMENSIONAL STANDARDS WITHIN A PD
Two - Three and Four-dimensional criteria
(To be determined)
MAY O 3. 2O02
'
A:Pros/Cons
OFF - STREET PARKING AND OFF- STREET LOADING
REQUIREMENTS
(To'be determined)
USABLE OPEN SPACE REQUIREMENTS
(To be determined)
DEDICATION OF USABLE OPEN SPACE
(To be determined)
DEDICATION OF THE PUBLIC FACILITIES AND
DEVELOPMENT OF PRESCRIBED AMENITIES
(To bc determined)
COMMON OPEN SPACE OR COMMON FACILITIES
(To be determined)
UTILITIES
(To bc determined)
STREETS, DRIVES, PARKING AND SERVICE AREAS
(To be determined)
SIGNS, LIMITATIONS
(To be determined)
0 3 2002
Backup Material for Topic 3:
Affordable Housing Discussion
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MAY 0 3 2(~2
Land Development Code
Affordable Housing Density Bonus Section
Sec. 2. 7. 7. Affordable housing density bonus.
2.7.7.1. General provisions
2.7.7.1.1.
Title and citation. This section 2. 7. 7 shall be known and may be cited
as the "Collier County Affordable Housing Density Bonus Regulations."
"Affordable housing density bonus" shall in this section be referred to
as "AHDB."
2.7.7.1.2.
Authority. The board of county commissioners has the authority to
adopt this Code pursuant to art. VIII, § l(f), Fla. Const., F.S. § 125.01
et seq., F.S. § 163.3161 et seq., Rule 9J-5, F.A.C., the growth
management plan, the stipulated settlement agreement in DOAH Case
No. 89-1299 GM, and each of the authorities, findings, conclusions and
provisions set forth or referenced in this section.
2.7.7.1.3. Applicability. This section shall apply to all development in the total
unincorporated area of Collier County.
2.7.7.1.4.
Purpose and intent. Section 2. 7. 7 is intended to implement and be
consistent with the growth management plan, F.S. § 163.3161 et seq.,
Rule 9J-5, F.A.C., and the stipulated settlement agreement in DOAH
Case No. 89-1299 GM, by providing for moderate, Iow and very Iow
income housing 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.
This 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
of moderate, Iow or very Iow income, thus expanding housing
opportunities for moderate, Iow and very Iow income households
throughout tht~ unincorporated county. The purpose of the AHDB
monitoring program is to provide assurance that the program is
propedy implemented, monitored, and enforced, and that useful
information on affordable housing may be collected.
~AY 0 3 2002
2.7.7.1.5.
2.7.7.2.
2.7.7.2.1.
2.7.7.2.2.
2.7.7.2.3.
Minimum requirement. The provisions of section 2. 7. 7 in their
interpretation and application are declared to be the minimum
requirements necessary to accomplish the stated intent, purposes, and
objectives of this section.
Affordable hoUsing density bonus program
Overview. Within the urban designated areas identified on the future
land use map of the growth management plan, a base density of four
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 dwelling units per gross acre to the base density of four
residential dwelling units per gross acre, for a total of 12 residential
dwelling units per gross acre, plus any other density bonuses
available, and minus any density reduction for traffic congestion or
coastal management area required, pursuant to the growth
management plan, not to exceed a total of 16 dwelling units per gross
acre.
General requirement. In 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.
Preapplication conference. Prior to submitting an application for AHDB,
a preapplication conference may be scheduled with the development
services director. If the proposed development is to include affordable
housing, the housing and urban improvement director shall 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, cdteda,
procedures, standard conditions, standard forms, and other information
will be discusqed and made available to the applicant. Depending on
the type of development proposed, the application may take the form
of, or be combined with, an application for a planned unit development
(PUD), a rezone, or an AHDB development agreement.
MAY 0 3 2002
2.7.7.2.4. Application. An application for AHDB for a development shall be
submitted to the development services director in the form established
by the development services director. One additional copy of the
application as otherwise required shall be provided for the housing and
urban improvement director. The application shall, at a minimum,
include:
1. Zoning districts proposed by the applicant, if any, on the property and
acreage of each;
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;
3. The total number of AHDB units requested, categorized by number of
bedrooms and whether the unit is to be rented or owner-occupied;
4. Total number of affordable housing units proposed in the development
categorized by level of income, number of bedrooms, and rental units and
owner-occupied units:
a. Moderate income households (one bedroom, two bedrooms, or
three bedrooms or more).
b. Low income households (one bedroom, two bedrooms, or three
bedrooms or more).
c. Very Iow income households (one bedroom, two bedrooms, or
three bedrooms or more).
d. Total affordable housing units (one bedroom, two bedrooms, or
three bedrooms or more).
5. Gross density of the proposed development;
Whether the AHDB is requested in conjunction with an application for a
planned unit development (PUD), an application for rezoning or an AHDB
development agreement;
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.
2.7.7.2.5.
Determination of completeness. After receipt of an application for
AHDB, the housing and urban improvement director shall determine
whether the application submitted is complete. If he determines that
the applicatio~ is not complete, the housing and urban improvement
director shall notify the applicant in wdting of the deficiencies. The
housing and urban improvement director shall take no further steps to
process the application until the deficiencies have been rem:
HAY O 3 2002
2.7.7.2.6. Review and recommendation by the housing and urban improvement
director. After receipt of a completed application for AHDB, the housing
and urban improvement director shall review and evaluate the
application in light of the AHDB rating system, the AHDB monitoring
program and the requirements of this division, and, if applicable, shall
coordinate a rezone with the development services director, and shall
recommend to the planning commission and the board of county
commissioners to deny, grant, or grant with conditions, the application.
The recommendation of the housing and urban improvement director
shall include a report in support of his recommendation.
2.7.7.2.7. Review and recommendation by the planning commission. Upon
receipt by the planning commission of the application for AHDB and
the wdtten recommendation and report of the housing and urban
improvement director, the planning commission shall 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 shall be consolidated and
made a part of the public heating on the application for the PUD before
the planning commission, and the planning commission shall 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 shall be consolidated and
made a part of the public headng on the application for rezoning before
the planning commission, and the planning commission shall consider
the application for AHDB in conjunction with the application for
rezoning. In the event that the application for AHDB has not been
submitted in conjunction with an application for PUD or an application
for rezoning, then the application for AHDB shall nonetheless be
treated as a rezoning on the property and shall comply with the
requirements for a rezoning, as well as the requirements of this
section. After the close of the public hearing, the planning commission
shall review and evaluate the application in light of the requirements of
this division and the requirements for a rezoning, and shall recommend
to the board of county commissioners that the application be denied,
granted or granted with conditions. However, in the event that the
application for AHDB does not change the densities or intensities of
use or the zoning on the property and does not require a rezoning or
PUD application (i.e., an application to maintain the existing zoning on
the property in the face of a downzoning through the zoning
reevaluation {Srogram), then the application for AHDB shall comply with
the requirements for development agreements under the Collier
County Development Agreement Ordinance [Code ch. 106, art. IV], as
well as the requirements of this section, in lieu of compliance with the
rezoning requirement referenced in this section. ~A nl~
MAY O 3 2002
2.7.7.2.8.
2.7.7.3.
Review and determination by board of county commissioners. Upon
receipt by the board of county commissioners of the application for
^HDB and the written recommendation and report of the housing and
urban improvement director and recommendation of the planning
commission, the board of county commissioners shall 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
shall be consolidated and made a part of the public hearing on the
application for the planned unit development (PUD) before the board of
county commissioners, and the board of county commissioners shall
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 shall be consolidated and made a part of the public hearing on
the application for rezoning before the board of county commissioners,
and the board of county commissioners shall consider the application
for ^HDB in conjunction with the application for rezoning. In the event
that the application for AHDB has not been submitted in conjunction
with an application for planned unit development (PUD) or an
application for rezoning, then the application for AHDB shall
nonetheless be treated as a rezoning on the property and shall comply
with the requirements for a rezoning as well as the requirements of this
section. After the close of the public hearing, the board of county
commissioners shall review and evaluate the application in light of the
requirements of this division and the requirements for a rezoning, and
shall deny, grant, or grant with conditions, the application in
accordance with the AHDB rating system and the AHDB monitoring
program. However, if the application for AHDB does not change the
densities or intensities of use or the zoning on the property and does
not require a rezoning or planned unit development application, then
the application for AHDB shall comply with the requirements for
development agreements under the Collier County Development
Agreement Ordinance [Code ch. 106, art. IV] as well as the
requirements of this division, in lieu of compliance with the rezoning
requirements referenced in this section.
Affordable housing density bonus rating system. The AHDB rating
system shall be used to determine the amount of the AHDB which may
be granted for a development, based on household income level,
number of bedrooms per affordable housing unit, type of affordable
housing units'(owner-occupied or rental, single-family or multifamily)
and percentage of affordable housing units in the development. To uSe
the AHDB rating system, tables A and B, below, shall be used. Tables
A and B shall be reviewed and updated, if necessary, on an annual
basis by the board of county commissioners or its desigr. _'c.
0 3 2002
51 _
First, choose the household income level (moderate, Iow, or very Iow)
of the affordable housing unit(s) proposed in the development, and the
type of affordable housing units (owner-occupied or rental, single-
family or multifamily, where applicable) to be provided, as shown in
table A. Thenl referring again to table A, choose the number of
bedrooms proposed for the affordable housing unit(s). An AHDB rating
based on the household income level and the number of bedrooms is
shown in table A.
After the AHDB rating has been determined in table A, locate it in table
B, and determine the pementage of that type of affordable housing unit
proposed in the development compared to the total number of dwelling
units in the development. From this determination, table B will indicate
the maximum number of residential dwelling units per gross acre that
may be added to the base density. These additional residential
dwelling units per gross acre are the maximum AHDB available to that
development. Developments with percentages of affordable housing
units which fall in between the percentages shown on table B shall
receive an AHDB equal to the lower of the two percentages it lies
between, plus one-tenth of a residential dwelling unit per gross acre for
each additional percentage of affordable housing rental units in the
development. For example, a development which has 24 percent of its
total residential dwelling units as affordable housing units, and which
has an AHDB rating of "4" will receive an AHDB of 4.4 residential
dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level
of income and number of bedrooms shown in table A) is proposed for a
development, the AHDB for each type shall be calculated separately in
table B. After the AHDB calculations for each type of affordable
housing unit have been completed in table B, 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 dwelling units per gross acre.
52_
MAY 0 3 2002
TABLE a. AFFORDABLE HOUSING DENSITY BONUS RATING
Number of Bedrooms/Unit
Level of Household EffiCiency 2 3 or More
Income and 1
Moderate (only 0 1' 1'
owner-occupied,
single-family)
Low (owner- 2 3 4
occupied or rental,
single-family or
multifamily)
Very Iow (owner- 3 4 5
occupied or rental,
single-family or
multifamily)
*For cluster housing developments in the urban coastal fringe, add one density
bonus to obtain two.
TABLE B. AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
% of Affordable Housing Units
AHDB 10% 20% 30% 40%
Rating
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
2.7.7.4.
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:
2.7.7.4.1. Affordable ho~sing 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 board of county commissioners, and such
agreement has been approved by the county attomey and th~
county commissioners pursuant to the public hearing proces., m~._ -
NAY 0 3 2002
4;
5.
6.
o
established in this division pdor 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:
Legal description of the land subject to the agreement and the names of
its legal and equitable owners.
Total number of residential dwelling units in the development.
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.
Maximum number of AHDB dwelling units permitted in the development.
Gross residential density of the development.
Amount of monthly rent for rental units, or the price and conditions 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 (moderate, Iow, and very Iow).
The foregoing notwithstanding, any rent charged for an affordable
housing unit rented to a Iow or very Iow 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.
No affordable housing unit in the development shall be rented to a tenant
whose household income has not been vedfied and certified in
accordance with this division as moderate, Iow, or very Iow income
family. Such verification and certification shall be the responsibility of the
developer and shall be submitted to the housing and urban improvement
director for approval. Tenant income verification and certification shall be
repeated annually to assure continued eligibility.
No affordable hoasing 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 division as moderate, Iow, or very low income family. Such
verification and certification shall be the responsibility of the (~ evel(~ll~l~DAIT~a
MAY 0 3 2002
and shall be submitted to the housing and urban improvement director for
approval. It is the intent of this division 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 pdce 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.
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.
10. 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
the developer, or a resident manager.
11. When the developer advertises, rents, sells or maintains the affordable
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.
12. 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.
13. The square foo,tage, construction and design of the affordable housing
units shall be the same as market rate dwelling units in the development.
14. 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
03'
MAY 0 3' 2OO2
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.
15. The affordable housing units shall be intermixed with, and not segregated
from, the market rate dwelling units in the development.
16. 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.
17. 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.
18. Each affordable housing unit shall be restricted to remain and be
maintained as the type of affordable housing rental unit (moderate, Iow or
very Iow income) designated in accordance with the AHDB development
agreement for at least 15 years from the issuance of a certificate of
occupancy for such unit.
19. 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.
2.7.7.4.2. 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 growth
management plan and the land development regulations, including the
procedures, requirements, conditions and criteria for planned unit
developments (PUDs) and rezonings, where applicable.
2.7.7.4.3. Minimum number of affordable housing units. The minimum number of
affordable housing units that shall be provided in a development
pursuant to this division shall be ten affordable housing units.
2.7.7.4.4. Nontransfeqable. The AHDB is not transferrable between
developments or properties.
2.7.7.4.5. 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
NAY 0 3 2002
2.7.7.5.
2.7.7.5.1.
2.7.7.5.2.
1.
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 Iow income households with
two bedrooms per unit, then each phase must maintain that same
percentage (ten percent in this case) cumulatively.
Affordable housing density bonus monitoring program
Annual progress and monitoring report. The AHDB for a development
shall be subject to the AHDB monitoring program set forth in this
section. The developer shall provide the housing and urban
improvement director with an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the
period of their construction, rental and occupancy for each of the
developer's developments which involve the AHDB in a form
developed by the housing and urban improvement director. The annual
progress and monitoring report shall, at a minimum, require any
information reasonably helpful to insure compliance with this division
and provide information with regard to affordable housing in Collier
County. To the extent feasible, the housing and urban improvement
director shall maintain public records of all dwelling units (AHDB and
affordable housing units) constructed pursuant to the AHDB program,
all affordable housing units constructed pursuant to the AHDB
program, occupancy statistics of such dwelling units, complaints of
violations of this division which are alleged to have occurred, the
disposition of all such complaints, a list of those persons who have
participated as tenants or buyers in the AHDB program, and such other
records and information as the housing and urban improvement
director believes may be necessary or desirable to monitor the success
of the AHDB program and the degree of compliance therewith. Failure
to complete and submit the monitoring report to the housing and urban
improvement director within 60 days from the due date will result in a
penalty of up to $50.00 per day per incident or occurrence unless a
written extension not to exceed 30 days is requested prior to expiration
of the 60-day submission deadline.
Income verification and certification
Eligibility. The determination of eligibility of moderate, Iow, and very Iow
income families to rent or buy and occupy affordable housing units is the
central component of the AHDB monitoring program. Family income
eligibility is a three-step process: (1) submittal of an application by a
buyer or tenant; (2) verification of family income; and (3) execution of an
income certification. All three shall be accomplished prior to a buyer or
tenant being qualified as an eligible family to rent or purchase and occupy
,
5'7 NAY 0 3 2002'
an affordable housing unit pursuant to the AHDB program. NO person
shall occupy an affordable housing unit provided under the AHDB
program prior to being qualified at the appropriate level of income
(moderate, Iow or very Iow income).
The developer shall be responsible for accepting applications from buyers
or tenants, verifying income and obtaining the income certification for its
development which involves AHDB, and all forms and documentation
must be provided to the housing and urban improvement director prior to
qualification of the buyer or tenant as a moderate, Iow or very Iow income
family. The housing and urban improvement director shall review all
documentation provided, and may verify the information provided from
time to time. Pdor to occupancy by a qualified buyer or tenant, the
developer shall provide to the housing and urban improvement director, at
a minimum, the application for affordable housing qualification, including
the income verification form and the income certification form, and the
purchase contract, lease, or rental agreement for that qualified buyer or
tenant. At a minimum, the lease shall include the name, address and
telephone number of the head of household and all other occupants, a
description of the unit to be rented, the term of the lease, the rental
amount, the use of the premises, and the rights and obligations of the
parties. Random inspections to vedfy occupancy in accordance with this
division may be conducted by the housing and urban improvement
director.
Application. A potential buyer or tenant shall apply to the developer,
owner, manager, or agent to qualify as a moderate, Iow, or very Iow
income family for the purpose of renting and occupying an affordable
housing rental unit pursuant to the AHDB program. The application for
affordable housing qualification shall be in a form provided by the housing
and urban improvement director and may be a part of the income
certification form.
Income verification. The housing and urban improvement director or the
developer shall obtain wdtten verification from the potential occupant
(including the entire household) to vedfy all regular sources of income to
the potential tenant (including the entire household). The wdtten
verification form shall include, at a minimum, the purpose of the
verification, a statement to release information, employer verification of
gross annual income or rate of pay, number of hours worked, frequency
of pay, bonuses,tips and commissions and a signature block with the
date of applicatibn. The verification may take the form of the most recent
year's federal income tax return for the potential occupants (including the
entire household), a statement to release information, tenant verification
of the return, and a signature block with the date of application. The
verification shall be valid for up to 90 days prior to occupancy. Upon
MAY 0 3 2002
=
expiration of the 90-day period, the information may be verbally updated
from the original sources for an additional 30 days, provided it has been
documented by the person preparing the original verification. After this
time, a new verification form must be completed.
Income certification. Upon receipt of the application and verification of
income, an income certification form shall be executed by the potential
buyer or tenant (including the entire household) prior to sale or rental and
occupancy of the affordable housing unit by the owner or tenant. Income
certification that the potential occupant has a moderate, Iow, or very Iow
household income qualifies the potential occupant as an eligible family to
buy or rent and occupy an affordable housing unit under the AHDB
program. The income certification shall be in a form provided by the
housing and urban improvement director.
2.7.7.6.
2.7.7.6.1.
2.7.7.6.2.
Violations and enforcement
Violations. It is a violation of section 2. 7. 7 to rent, sell or occupy, or
attempt to rent, sell or occupy, an affordable housing rental unit
provided under the AHDB program except as specifically permitted by
the terms of section 2.7. 7, or to knowingly give false or misleading
information with respect to any information required or requested by
the housing and urban improvement director or by other persons
pursuant to the authority which is delegated to them by section 2. 7. 7.
Notice of violation. Whenever it is determined that there is a violation of
section 2. 7. 7, a notice of violation shall be issued and sent by the
housing and urban improvement director by certified return receipt
requested U.S. mail, or hand delivery to the person or developer in
violation of section 2. 7. 7. The notice of violation shall be in writing,
shall be signed and dated by the housing and urban improvement
director or such other county personnel as may be authorized by the
board of county commissioners, shall specify the violation or violations,
shall state that said violation(s) shall be corrected within ten days of
the date of notice of violation, and shall state that if said violation(s) is
not corrected by the specified date that civil and/or criminal
enforcement may be pursued. If said violation(s) isnot corrected by the
specified date in the notice of violation, the housing and urban
improvement director shall issue a citation which shall state the date
and time of issuance, name and address of the person in violation,
date of the vi~iation, section of these regulations, or subsequent
amendments'thereto, violated, name of the housing and urban
improvement director, and date and time when the violator shall
appear before the code enforcement board.
n'EM
MAY 0 3 2002
-
2.7.7.6.3.
2.7.7.6.4.
2.7.7.7.
2.7.7.7.1.
2.7.7.7.2.
Criminal enforcement. Any person who violates any provision of this
division shall, upon conviction, be punished by a fine not to exceed
$500.00 per violation or by imprisonment in the county jail for a term
not to exceed 60 days, or by both, pursuant to the provisions of F.S. §
125.69. Such.person also shall pay all costs, including reasonable
attorneys fees, including those incurred on appeal, involved in the
case. Each day such violation continues, and each violation, shall be
considered a separate offense.
Civil enforcement, in addition to any criminal penalties which may be
imposed pursuant to section 2.7.7.6.3, Collier County and the housing
and urban improvement director shall have full power to enforce the
terms of this division and any AHDB development agreements,
rezoning conditions or stipulations, and planned unit development
(PUD) conditions and stipulations pursuant to this division and the
rights, privileges and conditions described herein, by action at law or
equity. In the event that it is determined that a violation has occurred
and has not or will not be corrected within 60 days, the certificate of
occupancy for all AHDB units within the development shall be
withdrawn and the sanctions or penalties provided in the AHDB
development agreement shall be pursued to the fullest extent allowed
by law.
Liberal construction and severability
Liberal construction. The provisions of this division shall be liberally
construed to effectively carry out its intent and purpose in the interest
of the public health, safety, welfare and convenience.
Severability. If any section, phrase, sentence or portion of this division
is for any reason held invalid [or] unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion.
(Ord. No. 93-89, § 3)
HAY 0 3 20O2