Agenda 02/12/2019 Item # 9A02/12/2019
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the
Collier County Land Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to make changes consistent with Board direction,
including revising the affordable housing definition, updating the terminology and income levels
associated with affordable housing categories, and increasing the maximum affordable density
bonus from 8 to 12 dwelling units per acre, by providing for: Section One, Recitals; Section Two,
Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter One - General Provisions, including Section 1.08.02
Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.06.01 Generally, Section
2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating System, Section 2.06.04 Limitations on
Affordable Housing Density Bonus, Section 2.06.05 Affordable Housing Density Bonus Monitoring
Program, and Section 2.06.06 Violations and Enforcement; Section Four, Conflict and Severability;
Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective
Date.
OBJECTIVE: To obtain Board approval of a proposed Land Development Code Amendment relating to
affordable housing.
CONSIDERATIONS: The Board held two affordable housing workshops, one on March 3, 2015, and
the other on March 1, 2016. These workshops served as the catalyst to form the Housing Stakeholders
Group (HSG). The HSG was tasked with creating a two-phase Community Housing Plan (CHP). The
first phase of the CHP consisted of the Urban Land Institute’s (ULI) recommendations from their report
titled A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The
ULI report indicated that Collier County has an affordability problem. The Board unanimously accepted
the CHP (Item #11.A) on October 25, 2017, and directed Staff to bring forward each suggestion in the
report individually for discussions in workshops.
On February 27, 2018, the Board accepted elements of the CHP by voting in favor of the following:
1. Approve new affordable housing definitions in accordance with discussion at the meeting;
2. Accept the staff-recommended updates of the housing demand model and its methodology;
3. Adopt a resolution (i.e., 2018-38) to advocate support and authorize the county's lobbyists to
support current and future state and federal legislation;
4. Adopt a resolution (i.e., 2018-39) to consider housing that is affordable in future public land
acquisitions;
5. Accept the Affordable Housing Density Bonus Program (AHDB Program) to increase the
affordable housing density bonus from eight extra units per acre to up to 12 extra units per
acre; and
6. Adopt a resolution (i.e., 2018-40) to amend the expedited permitting and fast-track procedure.
This LDC amendment represents the end-product of #1 (definition) and #5 (AHDB Program) above. It
simplifies the definition of affordable housing and makes the terminology and income levels consistent
with the Florida Statutes and federal guidelines. It also increases the maximum available, affordable
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housing density bonus from 8 units to 12 units per acre, among other changes.
In addition to changing the definitions and increasing the maximum density bonus, other noteworthy
updates include: changing the minimum number of required affordable housing units per development,
from 10 units to 10 percent of the total housing units, which is consistent with current Community and
Human Services policy; and changing the upper limit of the gap-income housing category, lowering it
from 150% of median income to 140%, which is consistent with the Board’s direction.
Development Services Advisory Committee-Land Development Review (DSAC-LDR) on August 21,
2018 - Recommendations:
1. Reword a portion of the affordable housing definition, in part, by creating two separate sentences from
what was one longer sentence.
2. Modify Table A. Affordable Housing Density Bonus to include the table’s title as the top row, re -
introduce a note under the table that was previously earmarked by staff for deletion, and renumber the
notes associated with the table.
3. Change the income verification provisions to allow the most recent year’s filed income tax returns.
DSAC on September 05, 2018 - Recommendation:
1. Incorporate the minor changes that staff mentioned at the DSAC meeting.
COLLIER COUNTY PLANNING COMMISSION (CCPC) ON NOVEMBER 1, 2018 -
RECOMMENDATION: Commissioner Schmitt made a motion to recommend approval, which was
seconded by Commissioner Fryer. The vote carried 6-0 with the following changes:
1. Eliminate the Extremely-low-income household category in the definitions section, since that term is
not used in the LDC.
2. Add the term “assets” to LDC section 2.06.05 B.1.(b). to clarify that household income eligibility
requires, among other criteria, verification of household income AND assets, and not just income.
3. Modify the definition of affordable housing to include, “for those households within the affordable
income range.”
4. Add strike-outs to the last row of Table A.
The CCPC expressed concern regarding the inclusion of various fees (e.g., internet, cable, country-club,
etc.) into the calculation for deriving cost-burdened households.
The attached strikethrough/underline amendment reflects the above recommendations. Staff requests the
Board to approve this Land Development Code Amendment.
FISCAL IMPACT: There are no anticipated fiscal or operational impacts associated with this
amendment other than routine advertising costs.
GROWTH MANAGEMENT IMPACT: At the December 11, 2018 Public Hearing, the Board adopted
a GMP-amendment which revised terminology and increased the affordable housing density bonus from 8
to 12 dwelling units per acre. That amendment has satisfied the State required 30 -day challenge period
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and is officially adopted within the GMP. The Board adoption of the GMP amendment was required for
this LDC amendment to be found consistent with the GMP.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires an
affirmative vote of four for Board approval - SAS
RECOMMENDATION: To approve the attached ordinance relating to affordable housing.
Prepared By: Eric Johnson, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Draft Ordinance (01-08-2019) (PDF)
2. Exhibit A - CCPC Item 9.A.3 (11-01-2018) (PDF)
3. Legal Ad - Agenda ID 7598 (PDF)
4. COLLIER CO. 18-01RLS NOI (A) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 7829
Item Summary: ***This item to be heard at 9:30 a.m.***This item was first heard at the January
22, 2019 BCC meeting and approved for reconsideration at the Februar y 12, 2019 BCC Meeting. ***
(Commissioner Taylor) Recommendation to approve an Ordinance amending Ordinance Number 04 -41,
as amended, the Collier County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, to make changes consistent with Board
direction, including revising the affordable housing definition, updating the terminology and income
levels associated with affordable housing categories, and increasing the maximum affordable density
bonus from 8 to 12 dwelling units per acre, by providing for: Section One, Recitals; Section Two,
Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter One - General Provisions, including Section 1.08.02
Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.06.01 Generally, Section
2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating System, Section 2.06.04 Limitations on
Affordable Housing Density Bonus, Section 2.06.05 Affordable Housing Density Bonus Monitoring
Program, and Section 2.06.06 Violations and Enforcement; Section Four, Conflict and Severability;
Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.
Meeting Date: 02/12/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/22/2019 4:35 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2019 4:35 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/22/2019 4:43 PM
Zoning Jeremy Frantz Additional Reviewer Completed 01/23/2019 8:56 AM
Zoning Michael Bosi Additional Reviewer Completed 01/23/2019 9:40 AM
Community & Human Services Cormac Giblin Additional Reviewer Completed 01/31/2019 1:50 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/23/2019 3:17 PM
Growth Management Department James C French Deputy Department Head Review Completed 01/23/2019 7:18 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/01/2019 2:52 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/01/2019 3:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/01/2019 3:08 PM
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County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2019 4:22 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/04/2019 7:45 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
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ORDINANCE NO. 19 – ___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO MAKE CHANGES CONSISTENT WITH BOARD
DIRECTION, INCLUDING REVISING THE AFFORDABLE HOUSING
DEFINITION, UPDATING THE TERMINOLOGY AND INCOME LEVELS
ASSOCIATED WITH AFFORDABLE HOUSING CATEGORIES, AND
INCREASING THE MAXIMUM AFFORDABLE DENSITY BONUS FROM
8 TO 12 DWELLING UNITS PER ACRE, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION
1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.06.01 GENERALLY, SECTION 2.06.02
PURPOSE AND INTENT, SECTION 2.06.03 AHDB RATING SYSTEM,
SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY
BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS
MONITORING PROGRAM, AND SECTION 2.06.06 VIOLATIONS AND
ENFORCEMENT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [LDCA-
PL20180002172]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on November 1, 2018, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on January _____, 2019, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1).
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
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Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit
does not exceed 30 percent of that amount which represents the percentage of the median annual
gross income for the household, for those households within the affordable housing income
range. The calculation of such cost shall include the monthly rent and utilities (for rental units) or
monthly mortgage payment, property taxes, special assessments, insurance, and other required
condominium or homeowner association fees and assessments (for owner-occupied units).
Affordable housing specifically includes the following income level targets for Collier County,
based on the income categories as determined by the Secretary of the U.S. Department of
Housing and Urban Development:
a. Very-low-income: Households whose incomes do not exceed 50 percent of the
median income.
b. Low-income: Households whose incomes are greater than 50 percent but do not
exceed 80 percent of the median income.
c. Moderate-income: Households whose incomes are greater than 80 percent but
do not exceed 120 percent of the median income.
d. Gap-income: Households whose incomes are greater than 120 percent but do not
exceed 140 percent of the median income.
* * * * * * * * * * * * *
Approved Affordable Housing: Affordable Housing that includes a long-term affordability
restriction wherein the cost of housing and income of the household are known and monitored,
for a specific period of time.
* * * * * * * * * * * * *
Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly
mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent
of an amount which represents a range of median adjusted gross annual income (median income)
for households as published annually by the U.S. Department of Housing and Urban Development
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within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including
the following subsets:
Owner occupied workforce housing: 50 percent or less of median income, otherwise
considered to be "very-low income".
Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise
considered to be "low income".
Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise
considered to be "low income".
Owner occupied workforce housing: 81 percent—100 percent of median income,
otherwise considered to be "moderate income".
Owner occupied gap housing: 81 percent—150 percent of median income.
Rental workforce housing less than 50 percent of median income, otherwise considered
to be "very-low income".
Rental workforce housing from 51 percent—60 percent of median income, otherwise
considered to be "low income".
The term affordable housing is specifically intended to include affordable workforce
housing.
Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment,
including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which
represents a range of median adjusted gross annual income (median income) for households as
published annually by the U.S. Department of Housing and Urban Development within the Naples
Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following
subset:
The term "gap housing: 81 percent—150 percent of median income" is specifically
intended to include similar categories, such as "Essential Personnel Housing",
"Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to
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provide housing for households falling above the federal and state assistance guidelines,
but still unable to afford market priced homes.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.01 GENERALLY
Section 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.01 Generally
A. Within most of the coastal urban designated areas identified on the future land use map of
the Collier County GMP, a base density of four (4) residential dwelling units per gross
acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which
would allow the addition of density bonuses in order to increase the density over the
base density is the provision of affordable housing in the development. The provision of
affordable housing units may add up to eight (8) 12 dwelling units per gross acre to the
base density of four (4) residential dwelling units per gross acre, for a total of twelve (12)
residential dwelling units per gross acre, plus any other density bonuses available, and
minus any density reduction for traffic congestion area that is required, pursuant to the
Collier County GMP. The total eligible density must not exceed the maximum density
allowed pursuant to the GMP a total of sixteen (16) dwelling units per gross acre, except
as allowed through use of transfer of development rights, as provided for in the growth
management plan. The program to accomplish this increase to provide affordable housing
is called the affordable housing density bonus (ADHB) program.
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master
plan future land use map of the growth management plan, base densities are four or
six or eight residential dwelling units per gross acre. However, the base density may
be adjusted depending on the characteristics of the development. One characteristic of
a housing development that would allow the addition of density bonuses is the provision
of affordable housing in the development. The provision of affordable housing units
may add up to 12 eight dwelling units per gross acre to the base density of four, six
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or eight residential dwelling units per gross acre, for a total of twelve, fourteen or
sixteen residential dwelling units per gross acre, plus any other density bonuses
available. The total eligible density must not exceed the maximum allowed pursuant to the
GMP a total of 16 dwelling units per gross acre.
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as
identified on the future land use map of the growth management plan, towns, villages,
hamlets and compact rural developments are allowed at a density range of one-half to
four dwelling units per gross acre. The allowed density may be adjusted depending on
the characteristics of the development. One characteristic of a housing development
that would allow the addition of density bonuses is the provision of affordable housing
in the development. The provision of affordable housing units may add up to eight
dwelling units per gross acre to the allowed density of one-half to four dwelling units
per gross acre, for a total of eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
D. 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.
1. Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the County Manager or his
designee. If the proposed development is to include affordable housing, the
housing and urban improvement director, must participate in the
preapplication conference. The preapplication conference provides an
opportunity to familiarize the applicant with the AHDB program and provides an
opportunity for the county staff to obtain a clear understanding of the proposed
development. The AHDB rating system, the AHDB monitoring program, the
limitations, criteria, procedures, standard conditions, standard forms, and other
information will be discussed and made available to the applicant. Depending on
the type of development proposed, the application may be combined with an
application for a planned unit development (PUD), a rezone, or a Stewardship
Receiving Area.
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2. Application. An application for AHDB for a development must be submitted to
the County Manager or his designee in the form established by the County
Manager or his designee. One additional copy of the application as otherwise
required must be provided for the housing and urban improvement director.
The application must, at a minimum, include:
a. Zoning districts proposed by the applicant on the property and acreage of
each;
b. 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;
c. The total number of AHDB units requested, categorized by number of
bedrooms and whether the unit is to be rented or owner-occupied;
d. Total number of affordable housing units proposed in the development,
categorized by level of income, number of bedrooms (one bedroom, two
bedrooms, three bedrooms, or more), and rental units and owner-
occupied units:
i. Gap-income Moderate income households (one bedroom, two
bedrooms, or three bedrooms or more).
ii. Moderate-income Low income households (one bedroom, two
bedrooms, or three bedrooms or more).
iii. Low-income Very low income households (one bedroom, two
bedrooms, or three bedrooms or more).
iv. Very-low-income Total affordable housing units (one bedroom,
two bedrooms, or three bedrooms or more).
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e. Gross density of the proposed development;
f. Whether the AHDB is requested in conjunction with an application for
a planned unit development (PUD), an application for rezoning, SRA an
application for a Stewardship Receiving Area, or a conditional use
application for a Commercial Mixed-Use project as provided for within
LDC section 4.02.38 of the LDC; and
g. Any other information which would reasonably be needed to address the
request for AHDB for the development pursuant to the requirements set
forth in this section.
3. Determination of completeness. After receipt of an application for AHDB, the
County Manager or designee housing and urban improvement director shall
determine whether the application submitted is complete. If it is determined he
determines that the application is not complete, the County Manager or designee
housing and urban improvement director shall notify the applicant in writing of
the deficiencies. The County Manager or designee housing and urban
improvement director shall take no further steps to process the application
until the deficiencies have been remedied.
4. Review and recommendation by the County Manager or designee. After receipt
of a completed application for AHDB, the County Manager or designee must
review and evaluate the application in light of the AHDB rating system, the
AHDB monitoring program and the requirements of this section. The County
Manager or designee must coordinate with the Zoning Division development
services director or designee to schedule the AHDB application with the
companion application for a PUD, rezoning, SRA, or conditional use
planned unit development or stewardship receiving area, and must recommend
to the planning commission and the BCC to deny, grant, or grant with conditions,
the AHDB application. The recommendation of the County Manager or designee
must include a report in support of recommendation.
5. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written
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recommendation and report of the County Manager or designee, the planning
commission must schedule and hold a properly advertised and duly noticed
public hearing on the application. If the application has been submitted in
conjunction with an application for a PUD, rezoning, SRA, or conditional use,
then the hearing must be consolidated and made a part of the public hearing
on the respective application for the PUD before the planning commission.
, and the The planning commission must consider the application for AHDB in
conjunction with the application for the PUD, rezoning, SRA, or conditional use.
If the application has been submitted in conjunction with an application for a
rezoning, then the hearing must be consolidated and made a part of the public
hearing on the application for rezoning before the planning commission, and the
planning commission must consider the application for AHDB in conjunction
with the application for rezoning. If the application has been submitted in
conjunction with an application for a stewardship receiving area, then the hearing
must be consolidated and made a part of the public hearing on the application
for stewardship receiving area before the planning commission, and the
planning commission must consider the application for AHDB in conjunction
with the application for stewardship receiving area. After the close of the
public hearing, the planning commission must review and evaluate the
application in light of the requirements of this section and the requirements for
a rezoning, PUD, rezoning, or SRA stewardship receiving area, or conditional
use, as applicable, and must recommend to the BCC that the application be
denied, granted or granted with conditions.
6. Review and determination by Board of County Commissioners. Upon receipt by
the BCC of the application for AHDB and the written recommendation and
report of the County Manager or designee and recommendation of the planning
commission, the BCC must schedule and hold a properly advertised and duly
noticed public hearing on the application. If the application has been submitted
in conjunction with an application for a planned unit development (PUD),
rezoning, SRA, or conditional use, then the hearing must be consolidated and
made a part of the public hearing on the respective application for the planned
unit development (PUD) before the BCC, and the BCC must consider the
application for AHDB in conjunction with the application for the planned unit
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development (PUD), rezoning, SRA, or conditional use. If the application has
been submitted in conjunction with an application for a rezoning, then the
hearing must be consolidated and made a part of the public hearing on the
application for rezoning before the BCC, and the BCC must consider the
application for AHDB in conjunction with the application for rezoning. If the
application has been submitted in conjunction with an application for a
stewardship receiving area, then the hearing must be consolidated and made
a part of the public hearing on the application for stewardship receiving area
before the BCC, and the BCC must consider the application for AHDB in
conjunction with the application for stewardship receiving area. After the close
of the public hearing, the BCC must review and evaluate the application in
light of the requirements of this section and the requirements for a PUD,
rezoning, SRA, or conditional use, and must deny, grant, or grant with
conditions, the application in accordance with the AHDB rating system and the
AHDB monitoring program.
E. The procedures to request approval of a density bonus are described in Chapter 10 of
this LDC, along with requirements for the developer's agreement to ensure compliance.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.02 PURPOSE AND INTENT
Section 2.06.02 Purpose and Intent, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.02 Purpose and Intent
A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161
et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH
Case No. 89-1299 GM, by providing for moderate-, low-, and very-low-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.
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B. 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 gap-,
moderate-, low-, or very-low-income, thus expanding housing opportunities for gap-,
moderate-, low-, and very-low-income households throughout the county. The purpose
of the AHDB monitoring program is to provide assurance that the program is properly
implemented, monitored, and enforced, and that useful information on affordable
housing may be collected.
* * * * * * * * * * * * *
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SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.03 AHDB RATING SYSTEM
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Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.03 AHDB Rating System
A. 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, type of affordable
housing units (owner-occupied or rental, single-family or multi-family), and percentage
of affordable housing units in the development. To use the AHDB rating system, Table
A below, shall be used. Table A shall be reviewed and updated, if necessary, on an
annual basis by the BCC or its designee.
1. First, choose the household income level (50% of median income, 60% of
median income, or 80% of median income) of the affordable housing unit(s)
proposed in the development, and the type of affordable housing units (owner-
occupied or rental, single-family or multi-family, where applicable) to be
provided, as shown in Table A. An AHDB based on the household income
level is shown in Table A. Table A 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 A shall receive an AHDB equal to the lower of the 2 percentages
it lies between, plus 1/10 of a residential dwelling unit per gross acre for each
additional percentage of affordable housing units in the development. For
example, a development which has 24 percent of its total residential dwelling
units as affordable housing units, at the 80 percent MI level will receive an AHDB
of 2.4 residential dwelling units per gross acre for the development.
2. Where more than 1 type of affordable housing unit (based on level of income
shown in Table A) is proposed for a development, the AHDB for each type shall be
calculated separately. After the AHDB calculations for each type of affordable
housing unit have been completed, the AHDB for each type of unit shall be
added to those for the other type(s) to determine the maximum AHDB available
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for the development. In no event shall the AHDB exceed eight (8) dwelling units
per gross acre.
Table A. Affordable-Workforce-Gap Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated
as Affordable-Workforce-Gap Housing
Product
Household
Income
(% median)
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap 81—150%
MI* ** 1 2 3 4 5 6 6 6 6 n/a
Workforce 61—80%
MI* 2 3 5 8 8 8 8 8 8 8
Low 51—60%
MI 3 4 6 8 8 8 8 8 8 8
Very Low 50% or less
MI 4 5 7 8 8 8 8 8 8 8
Maximum Allowable Density Bonus by Percent of Development Designated
as Affordable Housing1, 2, 3
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Product
(% of MI)
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap
(>120 - ≤140)4,5 1 2 3 4 5 6 7 8 n/a n/a
Moderate
(>80 - ≤120)4 2 4 5 6 7 8 9 10 11 12
Low
(>50 - ≤80) 3 6 7 8 9 10 11 12 12 12
Very-Low
(≤50) 7 8 9 10 11 12 12 12 12 12
1 Total Allowable Density = Base Density + Affordable Housing Density
Bonus. In no event shall the maximum gross density exceed that which is
allowed pursuant to the GMP.
2 Developments with percentages of affordable housing units which fall in
between the percentages shown on Table A shall receive an AHDB equal
to the lower of the two percentages it lies between, plus 1/10 of a residential
dwelling unit per gross acre for each additional percentage of affordable
housing units in the development.
3 Where more than one type of affordable housing unit (based on level of
income shown above) is proposed for a development, the AHDB for each
type shall be calculated separately. After the AHDB calculations for each
type of affordable housing unit have been completed, the AHDB for
each type of unit shall be added to those for the other type(s) to
determine the maximum AHDB available for the development. In no
event shall the AHDB exceed 12 dwelling units per gross acre.
4 * Owner-occupied only
5 ** May only be used in conjunction with at least 20 10% at or below 120 80%
MI
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Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing
Density Bonus. In no event shall the maximum gross density allowed exceed
16 units per acre.
B. The AHDB shall be available to a development only to the extent that it otherwise
complies and is consistent with the GMP and the land development regulations,
including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings,
where applicable.
C. The minimum number of affordable housing units that shall be provided in a development
pursuant to this section shall be ten (10) percent of the total affordable housing units.
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to
the ratio of the number of bedrooms per residential unit for the entire development.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.04 LIMITATIONS ON AFFORDABLE
HOUSING DENSITY BONUS
Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
2.06.04 Limitations on Affordable Housing Density Bonus
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all
of the AHDB for a development:
A. Affordable housing density bonus development agreement required. The AHDB shall
be available to a development only when an AHDB development agreement has been
entered into by the developer/ applicant and the BCC, and such agreement has been
approved by the county attorney and the BCC pursuant to the public hearing process
established in this section prior to execution. Amendments to such agreement shall be
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processed as a regular agenda item before the BCC unless there is a companion land
use petition in the same manner as the original agreement. The AHDB development
agreement shall include, at a minimum, the following provisions:
1. Legal description of the land subject to the agreement and the names of its
legal and equitable owners.
2. Total number of residential dwelling units in the development.
3. 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.
4. Maximum number of AHDB dwelling units permitted in the development.
5. Gross residential density of the development.
6. 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, low-, and very-low-income).
7. The foregoing notwithstanding, any rent charged for an affordable housing unit
rented to a low- or very-low-income household 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 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 the amount published
by the Florida Housing Finance Corporation for Collier County adjusted by income
level, family size, and number of bedrooms, and updated annually.
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8. No affordable housing unit in the development shall be rented to a tenant
whose household income has not been verified and certified in accordance with
this division as a moderate, low-, or very-low-income household family . Such
verification and certification shall be the responsibility of the developer and
shall be submitted to the County Manager or his designee for approval. Tenant
income verification and certification shall be repeated annually to assure continued
eligibility.
9. No affordable housing unit that is to be sold, leased with option to purchase, or
otherwise conveyed in the development shall be sold, leased with option to
purchase, or otherwise conveyed to a buyer whose household income has not
been verified and certified in accordance with this section as a gap-, moderate-,
low-, or very-low-income household family. Such verification and certification shall
be the responsibility of the developer and shall be submitted to the County
Manager or his designee for approval. It is the intent of this section to keep housing
affordable; therefore, any person who buys an affordable housing unit must agree,
in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier
County, Florida, that if he sells the property is sold (to a non-income qualified
buyer, including the land and/or the unit) within 15 years after the his original
purchase at a sales price in excess of five percent per year of the 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.
10. 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 recorded lien first owner from the recorded
lien against the property. Such payment shall be maintained in a segregated
fund, established by the county solely for affordable housing purposes, and such
money shall be used solely to encourage, provide for, or promote affordable
housing in Collier County.
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11. 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.
12. 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.
13. 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.
14. The square footage, construction and design of the affordable housing units shall
be the same as market rate dwelling units in the development.
15. The AHDB agreement and authorized development shall be consistent with the
growth management plan and land development regulations of Collier County
that are in effect at the time of development. Subsequently adopted laws and
policies shall apply to the AHDB agreement and the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of AHDB approved for the development.
16. The affordable housing units shall be intermixed with, and not segregated
from, the market rate dwelling units in the development.
17. The conditions contained in the AHDB development agreement shall constitute
covenants, restrictions, and conditions which shall run with the land and shall be
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binding upon the property and every person having any interest therein at any time
and from time to time.
18. 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.
19. Each affordable housing rental unit shall be restricted to remain and be maintained
as the type of affordable housing rental unit (moderate, low- or very-low-
income) designated in accordance with the AHDB development agreement for
at least 30 15 years from the issuance of a certificate of occupancy for such unit.
20. Each affordable housing owner -occupied unit shall be restricted to remain and be
maintained as the type of affordable housing owner-occupied unit (gap-,
m o d e r a t e -, low-, or very-low-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.
21. The developer and owner of a rental 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.
B. Compliance with growth management plan and land development regulations. The AHDB
shall be available to a development only to the extent that it otherwise complies and is
consistent with the GMP and the land development regulations, including the procedures,
requirements, conditions and criteria for planned unit developments (PUDs) and
rezonings, where applicable.
C. Minimum number of affordable housing units. The minimum number of affordable
housing units that shall be provided in a development pursuant to this section shall be
ten 10 percent of the total affordable housing units.
D. Nontransferable. The AHDB is not transferrable between developments or properties.
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E. Phasing. In the case where a development will occur in more than one phase, the
percentage of affordable housing units to which the developer has committed for the
total development shall be maintained in each phase and shall be constructed as
part of each phase of the development on the property. For example, if the total
development's AHDB is based on the provision of ten percent of the total dwelling units
as affordable housing rental units for low-income households with two bedrooms per
unit, then each phase must maintain that same percentage (10 ten percent in this case)
cumulatively.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.05 AFFORDABLE HOUSING DENSITY
BONUS MONITORING PROGRAM
Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
2.06.05 Affordable Housing Density Bonus Monitoring Program
A. 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
County Manager or his designee with an annual progress and monitoring report regarding
the delivery of affordable housing rental/ownership units throughout the period of their
construction, rental, sale, and occupancy for each of the developer's developments which
involve the AHDB in a form developed by the County Manager or his designee. The
annual progress and monitoring report shall, at a minimum, require any information
reasonably helpful to ensure compliance with this section and provide information with
regard to affordable housing in Collier County. To the extent feasible, the County
Manager or his designee 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 section 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
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information as the County Manager or his designee 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 County Manager
or his designee 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.
B. Income verification and certification.
1. Eligibility. The determination of eligibility of gap-, moderate-, low-, and very-low-
income households to rent or buy and occupy affordable housing units is the
central component of the AHDB monitoring program. Household income eligibility
is a three-step process:
(a) Submittal of an application by a buyer or tenant;
(b) Verification of household income and assets; and
(c) Execution of an income certification.
All three shall be accomplished prior to a buyer or tenant being qualified as an
eligible household to rent or purchase and occupy 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 (gap-, moderate-, low-, or very-low-income).
Eligibility. The determination of eligibility of moderate, low, and very low
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 an affordable housing unit pursuant to the AHDB program.
No person shall occupy an affordable housing unit provided under the AHDB
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program prior to being qualified at the appropriate level of income (moderate, low
or very low income).
2. 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
County Manager or his designee prior to qualification of the buyer or tenant as
a gap-, moderate-, low-, or very-low-income household family. The County
Manager or his designee shall review all documentation provided, and may verify
the information provided from time to time. Prior to occupancy by a qualified
buyer or tenant, the developer shall provide to the County Manager or his
designee, 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 verify occupancy
in accordance with this section may be conducted by the County Manager or his
designee.
3. Application. A potential buyer or tenant shall apply to the developer, owner,
manager, or agent to qualify as a gap-, moderate-, low-, or very-low-income
household f a m i l y for the purpose of renting, or owning 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 County Manager
or his designee and may be a part of the income certification form.
4. Income verification. The County Manager or his designee or the developer shall
obtain written verification from the potential occupant (including the entire
household) to verify all regular sources of income to the potential tenant/owner
(including the entire household). The written 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
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with the date of application. 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 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. The income
verification may take the form of the most recent year’s filed income tax return for
each occupant who had filed and will occupy the affordable housing unit.
5. 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 gap-, moderate-, low-, or very-low-income household
income qualifies the potential occupant as an eligible household 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 County Manager or his
designee.
6. The Developer shall be deemed in compliance with the AHDB agreement if the
Developer has complied with the tenant eligibility and qualification requirements of
the Florida Housing Finance Corporation by providing the County Community and
Human Services Division a copy of the annual Florida Housing Finance Corporation
compliance and program reports.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT
Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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2.06.06 - Violations and Enforcement
A. Violations. It is a violation of section 2.06.00 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 2.06.00, or to knowingly give false or
misleading information with respect to any information required or requested by the
County Manager or his designee or by other persons pursuant to the authority which is
delegated to them by section 2.06.00.
B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00,
a notice of violation shall be issued and sent by the County Manager or his designee by
certified return receipt requested U.S. mail, or hand delivery to the person or developer
in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed
and dated by the County Manager or his designee or such other county personnel
as may be authorized by the BCC, shall specify the violation or violations, shall state
that said violation(s) shall be corrected within 10 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) is not corrected by
the specified date in the notice of violation, the County Manager or his designee shall
issue a citation which shall state the date and time of issuance, name and address
of the person in violation, date of the violation, section of these regulations, or
subsequent amendments thereto, violated, name of the County Manager or his
designee, and date and time when the violator shall appear before the code enforcement
board.
C. Criminal enforcement. Any person who violates any provision of this section 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
attorney ’s fees, including those incurred on appeal, involved in the case. Each day
such violation continues, and each violation, shall be considered a separate offense.
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D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant
to section 2.06.06 C. above, Collier County and the County Manager or his designee
shall have full power to enforce the terms of this section and any AHDB development
agreements, rezoning conditions or stipulations, and planned unit development (PUD)
conditions and stipulations pursuant to this section 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.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is 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.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
9.A.1
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of January, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:_____________________________
, Deputy Clerk W.L. McDaniel, Jr., Chairman
Approved as to form and legality:
__________________________
Scott A. Stone
Assistant County Attorney
9.A.1
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Collier County Planning Commission Page 1 Printed 10/25/2018
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board!of!County!Commission!Chambers!
Collier!County!Government!Center!
3299!Tamiami!Trail!East,!3rd!Floor!
Naples,!FL!!34112!
November 1, 2018
9: 00 AM
Mark Strain - Chairman
Karen Homiak - Vice-Chair
Patrick Dearborn
Ned Fryer
Stan Chrzanowski, Environmental
Joseph Schmitt, Environmental
Thomas Eastman, Collier County School Board
!
!
!
!
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
9.A.2
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November 2018
Collier County Planning Commission Page 2 Printed 10/25/2018
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Planning Commission Absences
5. Approval of Minutes
A. October 4, 2018 CCPC minutes
6. BCC Report - Recaps
7. Chairman's Report
8. Consent Agenda
9. Public Hearings
A. Advertised
1. ***Note: This item has been continued from the September 6, 2018, CCPC
meeting.*** PL20170001729: A Resolution amending Resolution No. 90-292
(Development Order 90-3, as amended) for the Halstatt/Grey Oaks Development of
Regional Impact by providing for: Section One, amendments to Development Order
by revising the Master Plan to relocate unbuilt access locations from Airport Road
and Golden Gate Parkway to access locations on Livingston Road for access only to
the areas of the PUD identified as FP&L easement located south of Grey Oaks Drive
East; amendments to Exhibit E, Development Order access conditions and Sub-
Exhibit 1, project access locations and Sub-Exhibit 2 project access conditions;
Section Two, findings of fact; Section Three, conclusions of law; and Section Four,
effect of previously issued Development Orders, transmittal to Department Of
Economic Opportunity and effective date. The subject property is located at the
intersection of Golden Gate Parkway and Airport-Pulling Road in Sections 24, 25
and 26, Township 49 South, Range 25 East, Collier County, Florida. (Companion to
Agenda item PL20170001548-Grey Oaks MPUD) [Coordinator: Nancy Gundlach,
AICP, Principal Planner]
9.A.2
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November 2018
Collier County Planning Commission Page 3 Printed 10/25/2018
2. ***Note: This item has been continued from the September 6, 2018, CCPC
meeting.*** PL20170001548: An Ordinance of the Board of County Commissioners
of Collier County, Florida, amending Ordinance No. 07-40, the Grey Oaks MPUD,
by relocating unbuilt access locations on Airport Road and Golden Gate Parkway to
Livingston Road for access only to the areas of the PUD identified as FP&L
easement located south of Grey Oaks Drive East, and by providing an effective date.
The subject MPUD consisting of 1,601+/- acres is located at the northeast,
northwest, and southeast quadrants of the intersection of Airport Road (S.R. 31)
and Golden Gate Parkway (C.R. 886), in Sections 24, 25, and 26, Township 49
South, Range 25 East, Collier County, Florida. (Companion to Agenda item
PL20170001729-Halstatt/Grey Oaks DRI) [Coordinator: Nancy Gundlach, AICP,
Principal Planner]
3. An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to make changes consistent with
Board direction, including revising the affordable housing definition, updating the
terminology and income levels associated with affordable housing categories, and
increasing the maximum affordable density bonus from 8 to 12 dwelling units per
acre, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more specifically
amending the following: Chapter One – General Provisions, including Section
1.08.02 Definitions; Chapter Two – Zoning Districts and Uses, including Section
2.06.01 Generally, Section 2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating
System, Section 2.06.04 Limitations on Affordable Housing Density Bonus, Section
2.06.05 Affordable Housing Density Bonus Monitoring Program, and Section
2.06.06 Violations and Enforcement; Section Four, Conflict and Severability;
Section Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date. [Coordinator: Eric Johnson, AICP Principal Planner]
B. Noticed
10. New Business
11. Old Business
12. Public Comment
13. Adjourn
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COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.3
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to
make changes consistent with Board direction, including revising the affordable housing definition,
updating the terminology and income levels associated with affordable housing categories, and increasing
the maximum affordable density bonus from 8 to 12 dwelling units per acre, by providing for: Section
One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter One – General Provisions,
including Section 1.08.02 Definitions; Chapter Two – Zoning Districts and Uses, including Section
2.06.01 Generally, Section 2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating System, Section
2.06.04 Limitations on Affordable Housing Density Bonus, Section 2.06.05 Affordable Housing Density
Bonus Monitoring Program, and Section 2.06.06 Violations and Enforcement; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [Coordinator: Eric Johnson, AICP Principal Planner]
Meeting Date: 11/01/2018
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
10/12/2018 10:29 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
10/12/2018 10:29 AM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 10/15/2018 9:13 AM
Zoning Michael Bosi Review item Completed 10/15/2018 10:50 AM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 10/15/2018 10:59 AM
Zoning Jeremy Frantz Additional Reviewer Completed 10/16/2018 11:08 AM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 10/16/2018 4:57 PM
Zoning Camden Smith Review Item Completed 10/17/2018 10:08 AM
Growth Management Department Kenneth Kovensky Review Item Completed 10/18/2018 11:44 AM
Zoning Michael Bosi Review Item Completed 10/22/2018 9:45 AM
Planning Commission Mark Strain Meeting Pending 11/01/2018 9:00 AM
9.A.3
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002172
SUMMARY OF AMENDMENT
This amendment simplifies the definition of affordable housing and
makes the terminology and income levels consistent with the Florida
Statutes and federal guidelines.It also increases the maximum available
affordable housing density bonus from 8 units to 12 units.
LDC SECTIONS TO BE AMENDED
1.08.02 Definitions
2.06.00 Affordable Housing Density Bonus (multiple sections)
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
BCC
CCPC
DSAC
DSAC-LDR
12/11/2018
11/01/2018
09/05/2018
08/21/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
Unanimous Approval
CCPC
TBD
BACKGROUND:
The Board of County Commissioners (Board) held two affordable housing workshops, one in 2015 and
the other in 2016. These workshops served as the catalyst to form the Housing Stakeholders Group
(HSG). The HSG was tasked with creating a two-phase Community Housing Plan (CHP). The first
phase of the CHP consisted of the Urban Land Institute’s (ULI) recommendations from their report titled
A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI
report indicated that Collier County has an affordability problem, and it may become a crisis if
unaddressed. The Board unanimously accepted the CHP (Item #11.A) on October 25, 2017 and directed
Staff to bring forward each suggestion in the report individually for discussions in workshops.
On February 27, 2018, the Board accepted elements of the CHP by voting in favor of the following:
1.Approve new affordable housing definitions in accordance with discussion at the meeting;
2.Accept the staff-recommended updates of the housing demand model and its methodology;
3.Adopt a resolution (i.e., 2018-38) to advocate support and authorize the county's lobbyists to
support current and future state and federal legislation;
4.Adopt a resolution (i.e., 2018-39) to consider housing that is affordable in future public land
acquisitions;
5. Accept the Affordable Housing Density Bonus Program (AHDB Program) to increase the
affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre; and
6.Adopt a resolution (i.e., 2018-40) to amend the expedited permitting and fast track procedure.
This code amendment represents the end-product of #1 (definition) and #5 (AHDB Program) above.
Under the definition there are five income levels detailed, ranging up to 140 percent Median Income
(MI) for Collier County. These income categories include the following: extremely-low-income, very-
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low-income, low-income, moderate-income, and gap-income. Costs used to determine affordability
include the anticipated monthly rent/mortgage payment, property tax, insurance, and required fees (such
as mandatory condominium or homeowner association fees and assessments).
There are four income levels used in the AHDB Program, including very-low-income, low-income,
moderate-income, and gap-income. For purposes of the AHDB Program, the extremely-low-income
category is grouped together with the very-low-income category, which staff anticipates is sufficient to
address the full spectrum of housing to be built. Even though the extremely-low-income category is not
used in the Program, it is important to retain this threshold of household income in the Definitions,
because this category is used in other County programs and reports. In accordance with F.S. 420.9075
(4)(e) and to avoid duplicative efforts, staff also is proposing a provision in LDC section 2.06.05 B.6,
which would allow staff to accept annual reports from the Florida Housing Finance Corporation to help
developers demonstrate compliance with tenant eligibility and qualification requirements of the AHDB
Program.
This amendment would change the minimum number of required affordable housing units per
development, from 10 units to 10 percent of the total housing units. This change is consistent with
current Community and Human Services policy. This amendment would also change the upper limit of
the gap-income housing category, lowering it from 150% of median income to 140%, which is consistent
with the Board’s direction.
DSAC-LDR Recommendations:
1. Reword a portion of the affordable housing definition, in part, by creating two separate sentences
from what was one longer sentence.
2. Modify Table A. Affordable Housing Density Bonus to include the table’s title as the top row, re-
introduce a note under the table that was previously earmarked by staff for deletion, and renumber the
notes associated with the table.
3. Change the income verification provisions to allow the most recent year’s filed income tax returns.
DSAC Recommendations:
1. Incorporate the minor changes that staff mentioned at the DSAC meeting.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
There is a related GMP amendment that proposes
to revise terminology and increase the affordable
housing density bonus from 8 to 12 dwelling units
per acre. That GMP amendment is necessary so
that this LDC amendment may be found consistent
with the GMP.
EXHIBITS: A- Explanation of Proposed Changes
9.A.3.a
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Amend the LDC as follows:
1.08.02 Definitions 1
2
* * * * * * * * * * * * * 3
4
Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit 5
does not exceed 30 percent of that amount which represents the percentage of the median annual 6
gross income for the household. The calculation of such cost shall include the monthly rent and 7
utilities (for rental units) or monthly mortgage payment, property taxes, special assessments, 8
insurance, and other required condominium or homeowner association fees and assessments 9
(for owner-occupied units). 10
11
Affordable housing specifically includes the following income level targets for Collier County, 12
based on the income categories as determined by the Secretary of the U.S. Department of 13
Housing and Urban Development: 14
15
a. Extremely-low-income: Households whose incomes do not exceed 30 percent of 16
the median income. 17
18
b. Very-low-income: Households whose incomes do not exceed 50 percent of the 19
median income. 20
21
c. Low-income: Households whose incomes are greater than 50 percent but do not 22
exceed 80 percent of the median income. 23
24
d. Moderate-income: Households whose incomes are greater than 80 percent but 25
do not exceed 120 percent of the median income. 26
27
e. Gap-income: Households whose incomes are greater than 120 percent but do not 28
exceed 140 percent of the median income. 29
30
* * * * * * * * * * * * * 31
32
Approved Affordable Housing: Affordable Housing that includes a long-term affordability 33
restriction wherein the cost of housing and income of the household are known and monitored, 34
for a specific period of time. 35
* * * * * * * * * * * * * 36
Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly 37
mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent 38
of an amount which represents a range of median adjusted gross annual income (median income) 39
for households as published annually by the U.S. Department of Housing and Urban Development 40
within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including 41
the following subsets: 42
Owner occupied workforce housing: 50 percent or less of median income, otherwise 43
considered to be "very-low income". 44
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1
Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise 2
considered to be "low income". 3
4
Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise 5
considered to be "low income". 6
7
Owner occupied workforce housing: 81 percent—100 percent of median income, 8
otherwise considered to be "moderate income". 9
10
Owner occupied gap housing: 81 percent—150 percent of median income. 11
12
Rental workforce housing less than 50 percent of median income, otherwise considered 13
to be "very-low income". 14
15
Rental workforce housing from 51 percent—60 percent of median income, otherwise 16
considered to be "low income". 17
18
The term affordable housing is specifically intended to include affordable workforce 19
housing. 20
21
Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment, 22
including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which 23
represents a range of median adjusted gross annual income (median income) for households as 24
published annually by the U.S. Department of Housing and Urban Development within the Naples 25
Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following 26
subset: 27
The term "gap housing: 81 percent—150 percent of median income" is specifically 28
intended to include similar categories, such as "Essential Personnel Housing", 29
"Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to 30
provide housing for households falling above the federal and state assistance guidelines, 31
but still unable to afford market priced homes. 32
33
# # # # # # # # # # # # # 34
35
2.06.00 – AFFORDABLE HOUSING DENSITY BONUSES 36
37
2.06.01 – Generally 38
39
A. Within most of the coastal urban designated areas identified on the future land use map of 40
the Collier County GMP, a base density of four (4) residential dwelling units per gross 41
acre is permitted. However, the base density may be adjusted depending on the 42
characteristics of the development. One characteristic of a housing development which 43
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would allow the addition of density bonuses in order to increase the density over the 1
base density is the provision of affordable housing in the development. The provision of 2
affordable housing units may add up to eight (8) 12 dwelling units per gross acre to the 3
base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) 4
residential dwelling units per gross acre, plus any other density bonuses available, and 5
minus any density reduction for traffic congestion area that is required, pursuant to the 6
Collier County GMP. The total eligible density must not exceed the maximum density 7
allowed pursuant to the GMP a total of sixteen (16) dwelling units per gross acre, except 8
as allowed through use of transfer of development rights, as provided for in the growth 9
management plan. The program to accomplish this increase to provide affordable housing 10
is called the affordable housing density bonus (ADHB) program. 11
12
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master 13
plan future land use map of the growth management plan, base densities are four or 14
six or eight residential dwelling units per gross acre. However, the base density may 15
be adjusted depending on the characteristics of the development. One characteristic of 16
a housing development that would allow the addition of density bonuses is the provision 17
of affordable housing in the development. The provision of affordable housing units 18
may add up to 12 eight dwelling units per gross acre to the base density of four, six 19
or eight residential dwelling units per gross acre, for a total of twelve, fourteen or 20
sixteen residential dwelling units per gross acre, plus any other density bonuses 21
available. The total eligible density must not exceed the maximum allowed pursuant to the 22
GMP a total of 16 dwelling units per gross acre. 23
24
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as 25
identified on the future land use map of the growth management plan, towns, villages, 26
hamlets and compact rural developments are allowed at a density range of one-half to 27
four dwelling units per gross acre. The allowed density may be adjusted depending on 28
the characteristics of the development. One characteristic of a housing development 29
that would allow the addition of density bonuses is the provision of affordable housing 30
in the development. The provision of affordable housing units may add up to eight 31
dwelling units per gross acre to the allowed density of one-half to four dwelling units 32
per gross acre, for a total of eight and one-half to twelve and one-half residential 33
dwelling units per gross acre, plus any other density bonuses available. 34
35
D. In order to qualify for the AHDB for a development, the developer must apply for and 36
obtain the AHDB from the County for a development in accordance with this section, 37
especially in accordance with the provisions of the AHDB program, including the AHDB 38
rating system, the AHDB monitoring program, and the limitations on the AHDB. 39
40
1. Preapplication conference. Prior to submitting an application for AHDB, a 41
preapplication conference may be scheduled with the County Manager or his 42
designee. If the proposed development is to include affordable housing, the 43
housing and urban improvement director, must participate in the 44
preapplication conference. The preapplication conference provides an 45
opportunity to familiarize the applicant with the AHDB program and provides an 46
opportunity for the county staff to obtain a clear understanding of the proposed 47
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development. The AHDB rating system, the AHDB monitoring program, the 1
limitations, criteria, procedures, standard conditions, standard forms, and other 2
information will be discussed and made available to the applicant. Depending on 3
the type of development proposed, the application may be combined with an 4
application for a planned unit development (PUD), a rezone, or a Stewardship 5
Receiving Area. 6
7
2. Application. An application for AHDB for a development must be submitted to 8
the County Manager or his designee in the form established by the County 9
Manager or his designee. One additional copy of the application as otherwise 10
required must be provided for the housing and urban improvement director. 11
The application must, at a minimum, include: 12
13
a. Zoning districts proposed by the applicant on the property and acreage of 14
each; 15
16
b. The total number of residential dwelling units in the proposed 17
development, categorized by number of bedrooms and whether the unit 18
is to be rented or owner-occupied; 19
20
c. The total number of AHDB units requested, categorized by number of 21
bedrooms and whether the unit is to be rented or owner-occupied; 22
23
d. Total number of affordable housing units proposed in the development, 24
categorized by level of income, number of bedrooms (one bedroom, two 25
bedrooms, three bedrooms, or more), and rental units and owner-26
occupied units: 27
28
i. Gap-income Moderate income households (one bedroom, two 29
bedrooms, or three bedrooms or more). 30
31
ii. Moderate-income Low income households (one bedroom, two 32
bedrooms, or three bedrooms or more). 33
34
iii. Low-income Very low income households (one bedroom, two 35
bedrooms, or three bedrooms or more). 36
37
iv. Very-low-income Total affordable housing units (one bedroom, 38
two bedrooms, or three bedrooms or more). 39
40
e. Gross density of the proposed development; 41
42
f. Whether the AHDB is requested in conjunction with an application for 43
a planned unit development (PUD), an application for rezoning, SRA an 44
application for a Stewardship Receiving Area, or a conditional use 45
application for a Commercial Mixed-Use project as provided for within 46
LDC section 4.02.38 of the LDC; and 47
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g. Any other information which would reasonably be needed to address the 1
request for AHDB for the development pursuant to the requirements set 2
forth in this section. 3
4
3. Determination of completeness. After receipt of an application for AHDB, the 5
County Manger or designee housing and urban improvement director shall 6
determine whether the application submitted is complete. If it is determined he 7
determines that the application is not complete, the County Manager or designee 8
housing and urban improvement director shall notify the applicant in writing of 9
the deficiencies. The County Manager or designee housing and urban 10
improvement director shall take no further steps to process the application 11
until the deficiencies have been remedied. 12
13
4. Review and recommendation by the County Manager or designee. After receipt 14
of a completed application for AHDB, the County Manager or designee must 15
review and evaluate the application in light of the AHDB rating system, the 16
AHDB monitoring program and the requirements of this section. The County 17
Manager or designee must coordinate with the Zoning Division development 18
services director or designee to schedule the AHDB application with the 19
companion application for a PUD, rezoning, SRA, or conditional use 20
planned unit development or stewardship receiving area, and must recommend 21
to the planning commission and the BCC to deny, grant, or grant with conditions, 22
the AHDB application. The recommendation of the County Manager or designee 23
must include a report in support of recommendation. 24
25
5. Review and recommendation by the planning commission. Upon receipt by the 26
planning commission of the application for AHDB and the written 27
recommendation and report of the County Manager or designee, the planning 28
commission must schedule and hold a properly advertised and duly noticed 29
public hearing on the application. If the application has been submitted in 30
conjunction with an application for a PUD, rezoning, SRA, or conditional use, 31
then the hearing must be consolidated and made a part of the public hearing 32
on the respective application for the PUD before the planning commission. 33
, and the The planning commission must consider the application for AHDB in 34
conjunction with the application for the PUD, rezoning, SRA, or conditional use. 35
If the application has been submitted in conjunction with an application for a 36
rezoning, then the hearing must be consolidated and made a part of the public 37
hearing on the application for rezoning before the planning commission, and the 38
planning commission must consider the application for AHDB in conjunction 39
with the application for rezoning. If the application has been submitted in 40
conjunction with an application for a stewardship receiving area, then the hearing 41
must be consolidated and made a part of the public hearing on the application 42
for stewardship receiving area before the planning commission, and the 43
planning commission must consider the application for AHDB in conjunction 44
with the application for stewardship receiving area. After the close of the 45
public hearing, the planning commission must review and evaluate the 46
application in light of the requirements of this section and the requirements for 47
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a rezoning, PUD, rezoning, or SRA stewardship receiving area, or conditional 1
use, as applicable, and must recommend to the BCC that the application be 2
denied, granted or granted with conditions. 3
4
6. Review and determination by Board of County Commissioners. Upon receipt by 5
the BCC of the application for AHDB and the written recommendation and 6
report of the County Manager or designee and recommendation of the planning 7
commission, the BCC must schedule and hold a properly advertised and duly 8
noticed public hearing on the application. If the application has been submitted 9
in conjunction with an application for a planned unit development (PUD), 10
rezoning, SRA, or conditional use, then the hearing must be consolidated and 11
made a part of the public hearing on the respective application for the planned 12
unit development (PUD) before the BCC, and the BCC must consider the 13
application for AHDB in conjunction with the application for the planned unit 14
development (PUD), rezoning, SRA, or conditional use. If the application has 15
been submitted in conjunction with an application for a rezoning, then the 16
hearing must be consolidated and made a part of the public hearing on the 17
application for rezoning before the BCC, and the BCC must consider the 18
application for AHDB in conjunction with the application for rezoning. If the 19
application has been submitted in conjunction with an application for a 20
stewardship receiving area, then the hearing must be consolidated and made 21
a part of the public hearing on the application for stewardship receiving area 22
before the BCC, and the BCC must consider the application for AHDB in 23
conjunction with the application for stewardship receiving area. After the close 24
of the public hearing, the BCC must review and evaluate the application in 25
light of the requirements of this section and the requirements for a PUD, 26
rezoning, SRA, or conditional use, and must deny, grant, or grant with 27
conditions, the application in accordance with the AHDB rating system and the 28
AHDB monitoring program. 29
30
E. The procedures to request approval of a density bonus are described in Chapter 10 of 31
this LDC, along with requirements for the developer's agreement to ensure compliance. 32
33
2.06.02 – Purpose and Intent 34
35
A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 36
et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH 37
Case No. 89-1299 GM, by providing for moderate-, low-, and very-low-income housing 38
through the use of density bonuses which allow an increase in the number of residential 39
dwelling units per acre allowed on property proposed for development, thereby 40
decreasing the per unit cost of land and development. 41
42
B. This objective is accomplished by implementing an AHDB program which consists of an 43
AHDB rating system and an AHDB monitoring program. The purpose of the AHDB 44
rating system is to provide increased residential densities to developers who guarantee 45
that a portion of their housing development will be affordable by households of gap-, 46
moderate-, low-, or very-low-income, thus expanding housing opportunities for gap-, 47
9.A.3.a
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moderate-, low-, and very-low-income households throughout the county. The purpose 1
of the AHDB monitoring program is to provide assurance that the program is properly 2
implemented, monitored, and enforced, and that useful information on affordable 3
housing may be collected. 4
5
2.06.03 – AHDB Rating System 6
7
A. The AHDB rating system shall be used to determine the amount of the AHDB which may 8
be granted for a development, based on household income level, type of affordable 9
housing units (owner-occupied or rental, single-family or multi-family), and percentage 10
of affordable housing units in the development. To use the AHDB rating system, Table 11
A below, shall be used. Table A shall be reviewed and updated, if necessary, on an 12
annual basis by the BCC or its designee. 13
14
1. First, choose the household income level (50% of median income, 60% of 15
median income, or 80% of median income) of the affordable housing unit(s) 16
proposed in the development, and the type of affordable housing units (owner-17
occupied or rental, single-family or multi-family, where applicable) to be 18
provided, as shown in Table A. An AHDB based on the household income 19
level is shown in Table A. Table A will indicate the maximum number of 20
residential dwelling units per gross acre that may be added to the base 21
density. These additional residential dwelling units per gross acre are the 22
maximum AHDB available to that development. Developments with 23
percentages of affordable housing units which fall in between the percentages 24
shown on Table A shall receive an AHDB equal to the lower of the 2 percentages 25
it lies between, plus 1/10 of a residential dwelling unit per gross acre for each 26
additional percentage of affordable housing units in the development. For 27
example, a development which has 24 percent of its total residential dwelling 28
units as affordable housing units, at the 80 percent MI level will receive an AHDB 29
of 2.4 residential dwelling units per gross acre for the development. 30
31
2. Where more than 1 type of affordable housing unit (based on level of income 32
shown in Table A) is proposed for a development, the AHDB for each type shall 33
be calculated separately. After the AHDB calculations for each type of 34
affordable housing unit have been completed, the AHDB for each type of unit 35
shall be added to those for the other type(s) to determine the maximum 36
AHDB available for the development. In no event shall the AHDB exceed eight 37
(8) dwelling units per gross acre. 38
39
40
41
42
43
44
45
46
47
9.A.3.a
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Table A. Affordable-Workforce-Gap Housing Density Bonus 1
(Additional Available Dwelling Units Per Gross Acre) 2
3
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-4
Workforce-Gap Housing1 5
6
Product
(% of MI)
Maximum Allowable Density Bonus by Percent of Development Designated as
Affordable Housing1,2,3
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap
(>120 - ≤140)4,5 1 2 3 4 5 6 7 8 n/a n/a
Moderate
(>80 - ≤120)4 2 4 5 6 7 8 9 10 11 12
Low
(>50 - ≤80) 3 6 7 8 9 10 11 12 12 12
Very-Low
(≤50) n/a 8 9 10 11 12 12 12 12 12
7
Product2 Household
Income
(% median)
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap 81-150%
MI* **
1 2 3 4 5 6
6 6 6 n/a
Moderate
Workforce
61-80%
MI* 2 3 5 8 8 8 8 8 8 8
Low 51-60% 3 4 6 8 8 8 8 8 8 8
Very Low 50% or less
MI 4 5 7 8 8 8 8 8 8 8
8
1 Total Allowable Density = Base Density + Affordable Housing Density Bonus. In 9
no event shall the maximum gross density exceed that which is allowed pursuant 10
to the GMP. 11
12
2 Developments with percentages of affordable housing units which fall in between 13
the percentages shown on Table A shall receive an AHDB equal to the lower of the 14
two percentages it lies between, plus 1/10 of a residential dwelling unit per gross 15
acre for each additional percentage of affordable housing units in the development. 16
17
3 Where more than one type of affordable housing unit (based on level of income 18
shown above) is proposed for a development, the AHDB for each type shall be 19
calculated separately. After the AHDB calculations for each type of affordable 20
housing unit have been completed, the AHDB for each type of unit shall be 21
added to those for the other type(s) to determine the maximum AHDB available 22
9.A.3.a
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for the development. In no event shall the AHDB exceed 12 dwelling units per 1
gross acre. 2
3
4 * Owner-occupied only 4
5
5 ** May only be used in conjunction with at least 20 10% at or below 120 80% MI 6
7
Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density 8
Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. 9
10
B. The AHDB shall be available to a development only to the extent that it otherwise 11
complies and is consistent with the GMP and the land development regulations, 12
including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, 13
where applicable. 14
15
C. The minimum number of affordable housing units that shall be provided in a development 16
pursuant to this section shall be ten (10) percent of the total affordable housing units. 17
18
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to 19
the ratio of the number of bedrooms per residential unit for the entire development. 20
21
2.06.04 - Limitations on Affordable Housing Density Bonus 22
23
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all 24
of the AHDB for a development: 25
26
A. Affordable housing density bonus development agreement required. The AHDB shall 27
be available to a development only when an AHDB development agreement has been 28
entered into by the developer/ applicant and the BCC, and such agreement has been 29
approved by the county attorney and the BCC pursuant to the public hearing process 30
established in this section prior to execution. Amendments to such agreement shall be 31
processed as a regular agenda item before the BCC unless there is a companion land 32
use petition in the same manner as the original agreement. The AHDB development 33
agreement shall include, at a minimum, the following provisions: 34
35
1. Legal description of the land subject to the agreement and the names of its 36
legal and equitable owners. 37
38
2. Total number of residential dwelling units in the development. 39
40
3. Minimum number of affordable housing units, categorized by level of household 41
income, type of unit (single-family or multifamily, owner-occupied or rental), and 42
number of bedrooms, required in the development. 43
44
4. Maximum number of AHDB dwelling units permitted in the development. 45
46
5. Gross residential density of the development. 47
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1
6. Amount of monthly rent for rental units, or the price and conditions under which an 2
owner-occupied unit will be sold, for each type of affordable housing unit in 3
accordance with the definition for each type of affordable housing rental unit– 4
(moderate, low-, and very-low-income). 5
6
7. The foregoing notwithstanding, any rent charged for an affordable housing unit 7
rented to a low- or very-low-income household family shall not exceed 90 percent 8
of the rent charged for a comparable market rate dwelling in the same or similar 9
development. Comparable market rate means the rental; amount charged for the 10
last market rate dwelling unit of comparable market rate dwelling in the same or 11
similar development. Comparable market rate means the rental amount charged 12
for the last market rate dwelling unit of comparable square footage, amenities, and 13
number of bedrooms, to be rented in the same development the amount published 14
by the Florida Housing Finance Corporation for Collier County adjusted by income 15
level, family size, and number of bedrooms, and updated annually. 16
17
8. No affordable housing unit in the development shall be rented to a tenant 18
whose household income has not been verified and certified in accordance with 19
this division as a moderate, low-, or very-low-income household family . Such 20
verification and certification shall be the responsibility of the developer and 21
shall be submitted to the County Manager or his designee for approval. Tenant 22
income verification and certification shall be repeated annually to assure continued 23
eligibility. 24
25
9. No affordable housing unit that is to be sold, leased with option to purchase, or 26
otherwise conveyed in the development shall be sold, leased with option to 27
purchase, or otherwise conveyed to a buyer whose household income has not 28
been verified and certified in accordance with this section as a gap-, moderate-, 29
low-, or very-low-income household family. Such verification and certification shall 30
be the responsibility of the developer and shall be submitted to the County 31
Manager or his designee for approval. It is the intent of this section to keep housing 32
affordable; therefore, any person who buys an affordable housing unit must agree, 33
in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier 34
County, Florida, that if he sells the property is sold (to a non-income qualified 35
buyer, including the land and/or the unit) within 15 years after the his original 36
purchase at a sales price in excess of five percent per year of the his original 37
purchase price that he will pay to the county an amount equal to one-half of the 38
sales price in excess of five percent increase per year. The lien instrument may 39
be subordinated to a qualifying first mortgage. 40
41
10. For example, a person originally buys a designated affordable housing unit (a 42
house) for $60,000.00 and sells it after five years for $80,000.00. A five percent 43
increase per year for five years will give a value of $76,577.00. Deducting this 44
amount from the sales price of $80,000.00 gives a diff erence of $3,423.00. The 45
seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment 46
of this amount would release the recorded lien first owner from the recorded 47
9.A.3.a
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lien against the property. Such payment shall be maintained in a segregated 1
fund, established by the county solely for affordable housing purposes, and such 2
money shall be used solely to encourage, provide for, or promote affordable 3
housing in Collier County. 4
5
11. No affordable housing unit in any building or structure in the development shall 6
be occupied by the developer, any person related to or affiliated with the 7
developer, or a resident manager. 8
9
12. When the developer advertises, rents, sells or maintains the affordable housing 10
unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory 11
manner and make available any relevant information to any person who is 12
interested in renting or purchasing such affordable housing unit. The developer 13
shall agree to be responsible for payment of any real estate commissions and 14
fees. The affordable housing units in the development shall be identified on all 15
building plans submitted to the county and described in the application for 16
AHDB. 17
18
13. The developer shall not disclose to persons, other than the potential tenant, 19
buyer or lender of the particular affordable housing unit or units, which units in 20
the development are designated as affordable housing units. 21
22
14. The square footage, construction and design of the affordable housing units shall 23
be the same as market rate dwelling units in the development. 24
25
15. The AHDB agreement and authorized development shall be consistent with the 26
growth management plan and land development regulations of Collier County 27
that are in effect at the time of development. Subsequently adopted laws and 28
policies shall apply to the AHDB agreement and the development to the extent that 29
they are not in conflict with the number, type of affordable housing units and the 30
amount of AHDB approved for the development. 31
32
16. The affordable housing units shall be intermixed with, and not segregated 33
from, the market rate dwelling units in the development. 34
35
17. The conditions contained in the AHDB development agreement shall constitute 36
covenants, restrictions, and conditions which shall run with the land and shall be 37
binding upon the property and every person having any interest therein at any time 38
and from time to time. 39
40
18. The AHDB development agreement shall be recorded in the official records of 41
Collier County, Florida, subsequent to the recordation of the grant deed pursuant 42
to which the developer acquires fee simple title to the property. 43
44
19. Each affordable housing rental unit shall be restricted to remain and be maintained 45
as the type of affordable housing rental unit (moderate, low- or very-low-46
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income) designated in accordance with the AHDB development agreement for 1
at least 30 15 years from the issuance of a certificate of occupancy for such unit. 2
3
20. Each affordable housing owner-occupied unit shall be restricted to remain and be 4
maintained as the type of affordable housing owner-occupied unit (g a p - , 5
m o d e r a t e - , low-, or very-low-income) designated in accordance with the 6
AHDB development agreement for at least 15 years from the issuance of a 7
certificate of occupancy for such unit. 8
9
21. The developer and owner of a rental the development shall provide on-site 10
management to assure appropriate security, maintenance and appearance of the 11
development and the dwelling units where these issues are a factor. 12
13
B. Compliance with growth management plan and land development regulations. The AHDB 14
shall be available to a development only to the extent that it otherwise complies and is 15
consistent with the GMP and the land development regulations, including the procedures, 16
requirements, conditions and criteria for planned unit developments (PUDs) and 17
rezonings, where applicable. 18
19
C. Minimum number of affordable housing units. The minimum number of affordable 20
housing units that shall be provided in a development pursuant to this section shall be 21
ten 10 percent of the total affordable housing units. 22
23
D. Nontransferable. The AHDB is not transferrable between developments or properties. 24
25
E. Phasing. In the case where a development will occur in more than one phase, the 26
percentage of affordable housing units to which the developer has committed for the 27
total development shall be maintained in each phase and shall be constructed as 28
part of each phase of the development on the property. For example, if the total 29
development's AHDB is based on the provision of ten percent of the total dwelling units 30
as affordable housing rental units for low-income households with two bedrooms per 31
unit, then each phase must maintain that same percentage (10 ten percent in this case) 32
cumulatively. 33
34
2.06.05 - Affordable Housing Density Bonus Monitoring Program 35
36
A. Annual progress and monitoring report. The AHDB for a development shall be subject to 37
the AHDB monitoring program set forth in this section. The developer shall provide the 38
County Manager or his designee with an annual progress and monitoring report regarding 39
the delivery of affordable housing rental/ownership units throughout the period of their 40
construction, rental, sale, and occupancy for each of the developer's developments which 41
involve the AHDB in a form developed by the County Manager or his designee. The 42
annual progress and monitoring report shall, at a minimum, require any information 43
reasonably helpful to ensure compliance with this section and provide information with 44
regard to affordable housing in Collier County. To the extent feasible, the County 45
Manager or his designee shall maintain public records of all dwelling units (AHDB and 46
affordable housing units) constructed pursuant to the AHDB program, all affordable 47
9.A.3.a
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housing units constructed pursuant to the AHDB program, occupancy statistics of such 1
dwelling units, complaints of violations of this section which are alleged to have 2
occurred, the disposition of all such complaints, a list of those persons who have 3
participated as tenants or buyers in the AHDB program, and such other records and 4
information as the County Manager or his designee believes may be necessary or 5
desirable to monitor the success of the AHDB program and the degree of compliance 6
therewith. Failure to complete and submit the monitoring report to the County Manager 7
or his designee within 60 days from the due date will result in a penalty of up to $50.00 8
per day per incident or occurrence unless a written extension not to exceed 30 days is 9
requested prior to expiration of the 60-day submission deadline. 10
11
B. Income verification and certification. 12
13
1. Eligibility. The determination of eligibility of gap-, moderate-, low-, and very-low-14
income households to rent or buy and occupy affordable housing units is the 15
central component of the AHDB monitoring program. Household income eligibility 16
is a three-step process: 17
18
(a) Submittal of an application by a buyer or tenant; 19
20
(b) Verification of household income; and 21
22
(c) Execution of an income certification. 23
24
All three shall be accomplished prior to a buyer or tenant being qualified as an 25
eligible household to rent or purchase and occupy an affordable housing unit 26
pursuant to the AHDB program. No person shall occupy an affordable housing 27
unit provided under the AHDB program prior to being qualified at the appropriate 28
level of income (gap-, moderate-, low-, or very-low-income). 29
30
Eligibility. The determination of eligibility of moderate, low, and very low 31
income families to rent or buy and occupy affordable housing units is the central 32
component of the AHDB monitoring program. Family income eligibility is a three-33
step process: (1) submittal of an application by a buyer or tenant; (2) verification 34
of family income; and (3) execution of an income certification. All three shall be 35
accomplished prior to a buyer or tenant being qualified as an eligible family to rent 36
or purchase and occupy an affordable housing unit pursuant to the AHDB program. 37
No person shall occupy an affordable housing unit provided under the AHDB 38
program prior to being qualified at the appropriate level of income (moderate, low 39
or very low income). 40
41
2. The developer shall be responsible for accepting applications from buyers or 42
tenants, verifying income and obtaining the income certification for its development 43
which involves AHDB, and all forms and documentation must be provided to the 44
County Manager or his designee prior to qualification of the buyer or tenant as 45
a gap-, moderate-, low-, or very-low-income household family. The County 46
Manager or his designee shall review all documentation provided, and may verify 47
9.A.3.a
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the information provided from time to time. Prior to occupancy by a qualified 1
buyer or tenant, the developer shall provide to the County Manager or his 2
designee, at a minimum, the application for affordable housing qualification, 3
including the income verification form and the income certification form, and the 4
purchase contract, lease, or rental agreement for that qualified buyer or tenant. 5
At a minimum, the lease shall include the name, address and telephone number 6
of the head of household and all other occupants, a description of the unit to be 7
rented, the term of the lease, the rental amount, the use of the premises, and 8
the rights and obligations of the parties. Random inspections to verify occupancy 9
in accordance with this section may be conducted by the County Manager or his 10
designee. 11
12
3. Application. A potential buyer or tenant shall apply to the developer, owner, 13
manager, or agent to qualify as a gap-, moderate-, low-, or very-low-income 14
household f a m i l y for the purpose of renting, or owning and occupying an 15
affordable housing rental unit pursuant to the AHDB program. The application for 16
affordable housing qualification shall be in a form provided by the County Manager 17
or his designee and may be a part of the income certification form. 18
19
4. Income verification. The County Manager or his designee or the developer shall 20
obtain written verification from the potential occupant (including the entire 21
household) to verify all regular sources of income to the potential tenant/owner 22
(including the entire household). The written verification form shall include, at a 23
minimum, the purpose of the verification, a statement to release information, 24
employer verification of gross annual income or rate of pay, number of hours 25
worked, frequency of pay, bonuses, tips and commissions and a signature block 26
with the date of application. The verification may take the form of the most recent 27
year's federal income tax return for the potential occupants (including the entire 28
household), a statement to release information, tenant verification of the return, 29
and a signature block with the date of application. The verification shall be valid 30
for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the 31
information may be verbally updated from the original sources for an additional 32
30 days, provided it has been documented by the person preparing the original 33
verification. After this time, a new verification form must be completed. The income 34
verification may take the form of the most recent year’s filed income tax return for 35
each occupant who had filed and will occupy the affordable housing unit. 36
37
5. Income certification. Upon receipt of the application and verification of income, 38
an income certification form shall be executed by the potential buyer or tenant 39
(including the entire household) prior to sale or rental and occupancy of the 40
affordable housing unit by the owner or tenant. Income certification that the 41
potential occupant has a gap-, moderate-, low-, or very-low-income household 42
income qualifies the potential occupant as an eligible household family to 43
buy or rent and occupy an affordable housing unit under the AHDB program. The 44
income certification shall be in a form provided by the County Manager or his 45
designee. 46
47
9.A.3.a
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6. The Developer shall be deemed in compliance with the AHDB agreement if the 1
Developer has complied with the tenant eligibility and qualification requirements of 2
the Florida Housing Finance Corporation by providing the County Community and 3
Human Services Division a copy of the annual Florida Housing Finance Corporation 4
compliance and program reports. 5
6
2.06.06 - Violations and Enforcement 7
8
A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell 9
or occupy, an affordable housing rental unit provided under the AHDB program except 10
as specifically permitted by the terms of section 2.06.00, or to knowingly give false or 11
misleading information with respect to any information required or requested by the 12
County Manager or his designee or by other persons pursuant to the authority which is 13
delegated to them by section 2.06.00. 14
15
B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, 16
a notice of violation shall be issued and sent by the County Manager or his designee by 17
certified return receipt requested U.S. mail, or hand delivery to the person or developer 18
in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed 19
and dated by the County Manager or his designee or such other county personnel 20
as may be authorized by the BCC, shall specify the violation or violations, shall state 21
that said violation(s) shall be corrected within 10 ten days of the date of notice of 22
violation, and shall state that if said violation(s) is not corrected by the specified date that 23
civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by 24
the specified date in the notice of violation, the County Manager or his designee shall 25
issue a citation which shall state the date and time of issuance, name and address 26
of the person in violation, date of the violation, section of these regulations, or 27
subsequent amendments thereto, violated, name of the County Manager or his 28
designee, and date and time when the violator shall appear before the code enforcement 29
board. 30
31
C. Criminal enforcement. Any person who violates any provision of this section shall, upon 32
conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment 33
in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions 34
of F.S. § 125.69. Such person also shall pay all costs, including reasonable 35
attorney ’s fees, including those incurred on appeal, involved in the case. Each day 36
such violation continues, and each violation, shall be considered a separate offense. 37
38
D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant 39
to section 2.06.06 C. above, Collier County and the County Manager or his designee 40
shall have full power to enforce the terms of this section and any AHDB development 41
agreements, rezoning conditions or stipulations, and planned unit development (PUD) 42
conditions and stipulations pursuant to this section and the rights, privileges and 43
conditions described herein, by action at law or equity. In the event that it is determined 44
that a violation has occurred and has not or will not be corrected within 60 days, the 45
certificate of occupancy for all AHDB units within the development shall be withdrawn and 46
9.A.3.a
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the sanctions or penalties provided in the AHDB development agreement shall be 1
pursued to the fullest extent allowed by law. 2
3
# # # # # # # # # # # # # 4
9.A.3.a
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EXHIBIT A – EXPLANATION OF PROPOSED CHANGES
LDC
SECTION
DESCRIPTION
1.08.02 Simplified the definition so that the terminology and the varying income levels are
consistent with Florida Statutes and federal guidelines. The upper limit of the gap-income
housing category would be lowered from 150% of median income to 140%, consistent
with the Board’s direction. The opening paragraph specifically includes assessment and
fees, which were at the request of the Board of County Commissioners (Board) from their
hearing on February 27, 2018. Staff further clarified the definition to differentiate
between rental and owner-occupied units. The opening paragraph was divided into two
sentences too improve readability at the recommendation of the Development Services
Advisory Committee – Land Development Review Subcommittee (DSAC-LDR).
2.06.01 Clarified, corrected, or abbreviated various terms, grammar, or processes throughout this
section, including deleting gender-specific terminology from the LDC. With respect to
the total allowable dwelling units per acre, the DSAC-LDR recommended eliminating a
specific number (of dwelling units per acre), to instead indicate that the maximum
allowable density should be based upon that which is allowed by the Growth Management
Plan (GMP).
Increased the maximum allowable density bonuses in accordance with the
recommendations of the Community Housing Plan (CHP) that were accepted by the Board
of Commissioners on February 27, 2018.
Eliminated references to specific job titles and processes that are subject to change
administratively and were deemed by staff to serve little value in the Land Development
Code (LDC).
Eliminated repeating terms.
Included gap-income household to include relevant income categories.
2.06.02 Updated the provisions to include relevant income categories.
2.06.03 Eliminated existing language that was deemed by staff to be an administrative process or
procedure that is unnecessary to be included in the LDC.
Clarified, reorganized, corrected, or abbreviated various terms, grammar, or provisions
throughout this section.
Increased the maximum allowable density bonuses in accordance with the
recommendations of the Community Housing Plan (CHP) that were accepted by the Board
of Commissioners on February 27, 2018.
Proposing a new table that will reflect the maximum allowable density bonus.
Increasing the minimum percentage of required moderate-, low-, or very-low-income
units needed to qualify for the density bonus for gap-income housing.
2.06.04 Clarified the appropriate procedure for presenting an affordable housing agreement before
the Board.
Updated the provisions to include relevant income categories.
Included the Florida Housing Finance Corporation as the authority by which to use as a
baseline for determining the maximum allowable rental prices.
9.A.3.a
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EXHIBIT A – EXPLANATION OF PROPOSED CHANGES
Updated the provisions to extend the periods of time for the AHDB development
agreement for rental units.
Clarified, corrected, or abbreviated various terms, grammar, or processes throughout this
section including deleting gender-specific terminology from the LDC.
Updated the provisions to differentiate between rental and owner-occupied units.
2.06.05 Updated the provisions to differentiate between rental and owner-occupied units.
Re-organized, clarified, or corrected various terms or grammar throughout this section,
including deleting gender-specific terminology from the LDC.
Clarified the provisions regarding income verification in accordance with the
recommendation from the DSAC-LDR.
Updated the provisions to include relevant income categories.
Included tenant eligibility and qualification requirements to be compliant with the
requirements of the Florida Housing Finance Corporation.
2.06.06 Updated text to avoid having gender-specific terminology in the LDC.
Corrected grammar.
Deleted the term rental because violations are not relegated to just rental units.
G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\11-01-2018\Item 9.A.3 (7001) Exhibit A - Explanation of Proposed Changes
(10-19-2018).docx
9.A.3.a
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INITIAL THOUGHT: Should also include asset verification/determination and not just income
verification on providing additional bonus density for “affordable housing”.
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-legal.com
Firm Website: www.wpl-legal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;
any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this
transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555)
and immediately delete this message and all its attachments.
!"#$%&
’(%&)*+,
LDC Amendments Update
Meeting Schedule Current Amendments Collier LDC News Releases
-
9.A.3.b
Packet Pg. 142 Attachment: Item 9.A.3 (7001) Exhibit B - (Email from Pires 10-11-2018) (7001 : Affordable Housing Density Bonus LDC Amendment)9.A.2
Packet Pg. 86 Attachment: Exhibit A - CCPC Item 9.A.3 (11-01-2018) (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
9.A.3.b
Packet Pg. 143 Attachment: Item 9.A.3 (7001) Exhibit B - (Email from Pires 10-11-2018) (7001 : Affordable Housing Density Bonus LDC Amendment)9.A.2
Packet Pg. 87 Attachment: Exhibit A - CCPC Item 9.A.3 (11-01-2018) (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)
9.A.3
Packet Pg. 88 Attachment: Legal Ad - Agenda ID 7598 (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)
9.A.4
Packet Pg. 89 Attachment: COLLIER CO. 18-01RLS NOI (A) (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)
9.A.4
Packet Pg. 90 Attachment: COLLIER CO. 18-01RLS NOI (A) (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)
9.A.4
Packet Pg. 91 Attachment: COLLIER CO. 18-01RLS NOI (A) (7829 : Affordable Housing Density Bonus - Land Development Code Amendment)