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Agenda 04/16/2007 W PM . . III . . . . . "'C Co C is ~ ~lzl -'_00 C.a~ ,... -- ~ ~... -..... .Cl '" go -C2 ::;) - ,... ~ =~ Vl u._ t'i:S z 0 ~, ;:)- "" O~""O u-- ..... 5......., Z 0 t'i:S ~~ Q; 0.... , 0'" - -' <5 \.J ...u >- CS 0 c.c, u I'S ~I $: zlO o .... :rll \.J I I I I I . . . . . . . . . . . . . . , Today s Agenda Iill Urban Land Institute \OJlllIl~a~ers Q'oop The Approach The Market Today The Process The Program The Action Plan 1 I I . I . . . . ,- . . . . . . . . , . . The Approach t. To develop a comprehensive solution to address long-term housing needs in Collier County - Incentive-based - Economically sound for public and private sectors - Create an environment for economic development success 2 . . I The Market Today ,. The Process t Long-term View - Designed to address the long- term workforce housing needs in Collier County Funding Sources - Uncertainty does not mean "do nothing" Public and Private Sector Collaboration Hundreds of volunteer hours developing and reviewing recommendations. Focus groups reviewed and validated. County input and review for additional oversight. Best Practice Driven Researched other best practices in developing comprehensive program. Methodology and program recommendations are now receiving statewide recognition as a best practice. 3 . II . II III The Program Collier County Housing Stimulus Program fiii"il Urban Land l!illIlnstilute HJllllleatlers~DuD ECONOMIC DMtOf>MENT COUNCil oICollierCOllnty.F....ida Crowing Creal/deas 4 .. II The Program Housing Fee Payment Assistance Program Transportation Enhancement Program The Program , 5 The Program Infrastructure Investment Program The Program Fast Track Permitting Program 6 The Program Affordable Housing Density Bonus Key Points Collier County We have many attributes that make a "perfect storm" against workforce housing: Highest impact fees in Florida. Some of the most expensive land. I Very limited supply of land in urban areas. A strong bias toward low density. Among the most difficult and time consuming permitting processes in the United States. A very desirable location for affluent second home buyers. t ~ Very high standards and expectations for new development. Few high wage job employers beyond our core industries. i I 7 . I 1 I II The Action Plan . . II III .. .. . . . leteSeptember 2006: Board of County Commissioners coolP agreed to support this initiative. letJJctober - November 2006: Workforce Community Team coo1P secured private sector funding for next stage. I lJilecember - April 2007: Team prepared policies and code comP e amendments, in collaboration with county staff, to implement recommendations. pletJipril 2007: Brought implementing policies and codes to COOl Board of County Commissioners to review. June 2007: County staff brings implementing policies and codes to Board of County Commissioners for adoption. We collaborate to market these new tools to potential workforce housing builders. fiii"il Urban Land l!illIlnstitule ICJII!l tBB~!S'S GrIlUjl ECONOMIC DEVE10f'MfNT COUNCIl ofCoIlie<County,Fkwlda Crowing Creat Ideas 8 I I I I II I II II . . .. .. .. .. .. . . ~ ~ fiii"il Urban Land l!illIlnstilule \DJ~I~o~ers~Otlp OCONOMIC DMtOl'Ml'NT COUNClL -------------ofCollierCounly,FIorida Crowing Creal Ideas 9 I I II II Ii . .. . Ii . IIIi . ARTICLE IV. AFFORDABLE-WORKFORCE HOUSING IMP ACT FEE DEFERRAL * See. 71101. Iffipaet fee aeferraLSec. 74-401. Housinl!: Fee Pavment Assistance PrOl!:rams. (A) Definitions: ill "Housing Fee Payment Assistance Low Program" ("Low Pro~ram") means a Collier Countv affordable-workforce housin~ incentive nrogram that orovides for the deferral of impact fees for a IS-vear period. prorated on an e~ual amount per annum. and for~iveness of the impact fees after IS vears. for aualified owner-occuoied or rental dwellin~ units. ill "Housing Fee Pavment Assistance GAP Pro2:ram" ("Gap Pro~ram") means a Collier Countv affordable-workforce housin2: incentive pro2:ram that provides for the deferral of impact fees for 15 vears or until the housing: unit is resold or another reoavment event occurs. nrovided the homeowner remains eligible. (3) "Impact fees" means the fees for each tyne of public facility established in sections 74-302 . 74-304 throu2:h 74-308. 74-310 and 74-311. (aHo) "Apolicant" means either an individual or a developer who files an application for participation in either the Low Program or Gap Program. ~Applicability. ill 8+--Pursuant to the requirements established in this section and article IV, the county shall defer the payment of the impact fee for any new owner- occupied or rental development which qualifies as affordable-workforce housing under this article. ill ~Any person seeking an affordable-workforce housing deferral for proposed development shall file with the county manager an application for deferral, prior to receiving a building permit for the proposed development. The application for deferral shall contain the following: a. ih- The name and address of the applicant; ~ lr.--An up to date, complete legal description of the site upon which the development is proposed to be located; {SV ANWYKlOOO95012.DOCv13} 1 I I e. The FF\aJdnTam iReome level 0f fr~e 01VRcr, or if tt~e o,mer is a deTle18per or builder, the ir~12ome IC7cl of tl:e Household to T.\"hi&~ fr~e dV~TelliRg 1:lFlit it to be sold or provided for ElE€Upancy; I l I . !:., 4----The square footage and number of bedrooms in each dwelling unit of the development. d. The total number of dwelling units in the proposed development: I ~ The total number of dwellin~ units set aside for sale or rental to individuals or families who are income qualified pursuant to Section (Cl or (D\. as applicable. .1 ill ~If the proposed development meets the requirements for an afforElal9le flElHsirlgimpact fee deferral as set forth in this article, the county manager may, BHt is not re~ireEl tO,shall enter into an impact fee deferral agreement. orovided that the a~2:regate amount of deferrals granted for the fiscal vear does not exceed the amount set in subsection m. and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define re- payment obligations, as may be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of theimpactthe impact fee that would otherwise then be due and payable but for the agreement. The imoact fee deferral ag;reement mav be combined with or amended to an Affordable Housing Density Bonus Development A2:reement. entered into pursuant to Section 2.06.04 of the Land Development Code. or an Agreement implementin2: the Infrastructure Investment Pro2:ram entered into pursuant to Article VI of the Code of Laws and Ordinances. '1 '1 .1 .1 .1 W The apolicant or owner of any Qualifying; owner-occupied or rental dwelling unit mav. at anv time durin2: the life of an Impact Fee Deferral Ag;reement. reoav the deferred impact fee. according to the repayment terms specified in subsection (El or (Fl. as applicable. and be released from the obligations under the Agreement. Upon such repayment. the County will execute a release of lien and record same in the public records of Collier County. .i .1 .J .: f:f+-fS:,'LQualifying owner-occupied dwelling. To qualify for an affcmial3le hElHsiRg impact fee deferral;-'lS an affordable-workforce housin2: owner-occupied dwelling unit IRHst meet all Elf, the following criteria must be met: Ii .' {SV ANWYKl00095012.DOCv 13} 2 II II II .. .. .. II . II III III .1 .1 ill Low Pro~ram - The owner(s) or anticipated owner(s) of dwelling unit must have a very low. or low income level. at the time of final execution bv the county of a deferral agreement as those income level terms are defined in section 74- 402. ill (1) The owner(s) or ar.tieiJ3atea oWRer(s) of Elwellir.g unit mast have a very low, er ffioElerateGap Pro"ram - The owner(s) or anticipated owner(s) of dwellin" unit must have a Workforce or Gap income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74-402. (~~) The monthly mortgage payment, including taxes and insurance, and any homeowners' association or community association dues or soecial district assessments. must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74-702. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. (~) A dwelling unit shall qualify as "owner-occupied" if: a. a written affirmation from the developer to the county guarantees that the requisite affordaple housing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and .J ~i c. within six months from the date of issuance of the certificate of occupancy or the execution of the affirmation, whichever is later, any option to purchase is exercised and the purchaser takes ownership of the dwelling unit. .1 ill f4t-If the parrnaseraoolicant fails to rarel1.asesell the dwelling unit to the targeted income-qualified class within three months after certificate of occupancy. the applicant may sell the dwelling unit to an individual or family whose median income is no more than 20 percent higher than the targeted income-qualified class. and shall recertify same to the county. pursuant to paragraph (4). above. If the applicant subsequently fails to sell the dwelling unit to the targeted income-qualified class within the six-month period described in paragraph (4). above. then: .: .i .i (SV ANWYKlOOO95012.DOCv13) 3 I - - a.. a,.-the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. lr.--the applicant shall pay all of the impact fees, including delir,quemy fees ana interest administrative costs, dating back to the date that the fees would have been assessed but for the deferral as provided in section 74-501. k (5) The (n\~erJ or if there is FRore tRan one o'wnef, both of the o,wers, must Be a first time Rome buyer. T0 quality as a first tim.e home 13Myer, the oT.\:R.er must Rot ha.....e :had. an 8\.\'11erohi-p iRtcrest iR hiG!her f'rimary resiaeRee ic the past three years. ,(Rl ~The dwelling unit must be the homestead of the owner(s). The owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States. Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to Chapter 196, Florida Statutes. (7) ~J0 more fr~ar. 3Q deferral agreemeRts are permitted at any single time for ar~ ir.diTw'jdual de".Telol'er, 0I for aRY ae\Telopments fr.at are under eOHlff\OR o'\'"Rersmp. For ptlrpoG€s of this sabseetioR, "cammeR cnvnershifl" mear.s o'\:Rership by the same perseR, corporation, firm, entity, partnership, or unineerp8ratea associati0n; or oT.\:Re~ship by different cerporations, firmo, parmerships, entities, eF blmr.c0rporatea ass0eiations, in ,,,'-hieh a stoekbr8ker, parmer, or associate, or a member 0f his fami~y O".\'1lS ar~ ir~terest iR eaeh. corporation, firm, partnership, eRtity, or Mllineorporatea ass0eiation. f€t-D) Qualifying rental dwellings. To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: ill fB-The household renting the dwelling unit, including any multi- family dwelling unit, must have a very low or low income level, at the commencement of the leasehold ana auri.-.g tt.e atiraFiElR thereof, as those terms are defined in section 74-402. ill The dwelling unit must be the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. {SY ANWYKlOOO95012.DOCv13} 4 ill In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the; Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. -w (E) Repayment for owner-occupied units in the Low Program. ill (1) :'-'llThe amount of the impact fees deferred for owner-occupied dwelling unit at fr.e time. prorated on an eqpal amount per annum be~innin~ with the date on which the building permit was issued, shall become due and payable and shall be immediately paid in full to the county upon occurrence of any of the following events orior to the exoiration of the IS-year deferral oeriod under the impact fee deferral a2:reement: .il, individual or family: a,--The sale of the dwelling;-er to a non-income aualifvin~ h... &.--Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. e,--A loss of the homestead exemption under Section 4, Article X of the State Constitution. ~ Notwithstanding anything: in this paragraph (E)(1 lb. of this section 74-401. the director of the financial administration and housing: department of community development and environmental services division may waive the triggerin~ of the obliS?ation to pay deferred impact fees due to a refinancin~ if the director determines that the refinancing: is for improvements or repairs to the dwellin~ that will enhance the value of the dwelling:. is for the pUrDose of reducing the interest rate or oayment amount of the mort2:age. or to generate funds for educational costs. and is of such a nature as not to iustify that the deferred impact fees should become due and pavable because of the refinancing. (F) Repajlmenl for owner-occuvied units in the Gap Profram. ill All impact fees deferred for owner-occupied dwelling: unit at the time the building permit was issued shall become due and payable and shall be immediatelv oaid in full to the countv upon: {SV ANWYKlOOO95012.DOCv13 ) 5 a. The sale of the dwelling to a non-income qualified individual during the first 15 years after execution of the deferral aSf'reement: lb the deferral agreement: The sale of the dwelling after 15 years from the execution of l:.. Refinancing of the purchase morts;a2:e or loans secured by senior real property security instruments: J:l A loss of the homestead exemption under Section 4. Article X of the State Constitution: or ~ 4-The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then the closing of the sale, or not later then the effective date of the transfer. ill (2) Rep~yment shall include administrative costs associated with the program. aRJ' a€€rHea iRterest. Interest shall13e C0FR]3atea at IRe rate of five ]3ereeRt per anR1:lFR, but no event shall it e:1(ceea 25 pereent of the total fee amount. Ql (3) Notwithstanding anything in this sH13secti0R (apara2:raph !f)(I)l:.. of this section 74-401, the director of the financial administration and housing department of community development and environmental services division may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, is for the pUl;pose of reducins; the interest rate or payment amount of the mortga2:e. or is to 2:enerate funds for educational costs. and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, trar.sfer, or refinancing. (eG) Repayment for rental dwelling units. Deferred impact fees for rental dwelling units, including any multi-family dwelling units, single-family detached houses, modular homes (also known as residential manufactured buildings) and mobile homes (also known as manufactured homes) as defined in section 74-108 of this chapter, shall in all e"leFlts be able and payaale net later than she years afld RiFLe Ffl0ntns after the e)'eeeuti0R ef fue impaet fee deferral agreement by the e01:lnty. SMell fees shall be aeeelerated Mud aut0matieally be due and payable priorto trLat time period. if there is nrL'Y bream 0f the ~1:lbjeet imfaet fee deferral agreement by ll-Le Fl8n eOHn-ty party. become immediately due and payable in full to the county UDon occurrence of the following: {SV ANWYK/OOO95012.DOCv 13} 6 ill Rental of the dwellin\.!' to a non-income qualifyin~ individual or familv prior to the exoiration of the IS-year impact fee deferral af?reement: ill Such fees shall be accelerated and automatically be due and pavable prior to the time period specified in oaragraph 11) if there is any breach of the subiect imoact fee deferral a2'reement by the non-county oarty. (ill) Repayment obligations. ill (1) Generally. The impact fees deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. ill (2) Renffils. Rentals. a. 30 days prior to each income-qualified tenant's annual lease anniversary date. the owner li.e.. lessor) of a rental dwelling unit. including any multi- family dwellin2' unit. -shall verifv the income of each income-qualified renter based uoon the renter's submission of W-2 forms. completed income tax returns or other evidence of income. b., Doon completion of verification. if the owner (lessor) determines that the income of anv unit renter which originally aualified exceeds th~ standards set forth in subsection Id)l}) by more than 40 percent. then the owner (lessor) shall: i. For multi-family develooments with less than 100 percent of the units in the development receiving impact fee deferment. a. Lease the next available unit of a comparabl~ size in the develooment to a new income-qualified renter to preserve the impact fee deferral: or b. Repay the prorated amount of the inmact fee. ii. For multi-family developments with 100 percent of the units in the develooment or sin2'le units receiving impact fee deferment. the renter will continue to be considered income qpalified orovided the owner Ilessor): a. Continuouslv rents dwellin2' units only to income-qualified families. Non-conformance with this provision will require the owner (SV ANWYKlOOO95012.DOCv13} 7 I I (lessor) to repav all fees for units occupied by families whose incomes exceed the standards set forth in subsection ID)I1) bv more than 40 percent: or I . . b. Does not allow the Dercenta2:e of dwelling units occuDied bv families with incomes less than the standards set forth in subsection CD)(1) to be less than 40 percent. Non-conformance with this Drovision will require the owner (lessor) to reDay fees on the number of units necessary to bring the remainin2: development into compliance with paragraph (H)(2)a.& b. of this ordinance. . h a. ...^ul:Rually, the o'\~er (Le., lessor) of a feFltal d,\\Telling lli'lit, inclHdiRg ar.y mala family Elvlellir.g "mit, shall The owner !lessor) must annually provide to the county manager an affidavit of eempliance with the criteria set ferth H1 this sedieR.certifying that he or she is maintaining; the number of units leased to income-qualified renters in comDliance with subsections (2)a. or b. above. as apDlicable. The affidavit must be filed within 30 days of the anniversary date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee.b. If the inceme ef any umt rmtcr which eriginally Ej:1ialifieEl as ....Tery kH\T or lu\v income le....Tel as defined. iR section 7'1102 be18Y.T e)(ceeds trLe starLaards set forth in subseetioR (e) by more tharL 40 perecRt, then the deferred impact fee shall beeome im.mediately able aFld payable by fr.e O~isner 0f, in frLe altemathTc, the (J".vner shall ha'.'e 99 days te cemply with tr.e afferdal3le flEJasiRg stimaards set fmth H1 iT.is secBe!'\. DeyclopmeRts whier. are tr.en For developments which are monitored by the Florida Housing Finance Corporation, or any other state or federal agency, the owner will not be required to file this separate affidavit of compliance with the county manager. The ap]3licantFor those developments. the owner shall provide a true copy of #le5ethe monitoring reports to the County Department of Financial Administration and Housing. Further. the owner shall maintain accurate and complete records to document compliance with the reqpirements of this ordinance. and g;rant the County access to those records to audit comDliance. 2:iven reasonable notice and at reasonable hours. I . . . . . . . ill ~Owner-occupied dwelling units. If the household income of the qualified owner-occupied dwelling unit rises above the standards for deferrals set forth in subsection (b) of this Section, the owner shall maintain the deferral. Notwithstanding the foregoing, for dwelling units in the Gap Program. all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit to a non-income qpalified individual within the first 15 years after execution of the deferral ag;reement. or upon the sale or transfer of the dwelling; unit in the sixteenth year or thereafter. (gl) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner-occupied dwelling or qualifying (SV ANWYKlOOO950 12.DOCv13) 8 rental dwelling. ':''Rile aflflHciffiffiAnplicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothir.g ifl this section reqHircs the coHnty tEl enter ir.to a deferral agreements. The deferral agreement shall provide for, at a minimum, the following ar.dshalland shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: ill ~The legal description of the dwelling unit. ill ~Where an impact fee deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the deferral. ill ~For each such owner-occupied dwelling unit, !T.e amcmr.t of impaet fees deferred shall be pJ.id to the E0uFrty in full apoR sale. Por FCHtal units, ir.eluding any H'mlti familyor rental dwelling unit, the impact f-ees deferred shall in all CTlents be d1:lC arLa payable no later thar. she years and nine mORti-.s after trLe c)(erution by the (GUIlty of tr.e impaet fee deferral agreemeRt. Sl:leR fees SHall be J.eeeleratea and thereby be a1:I.tematieaUy Que arLd payable prior to iT.at time period if trLcFe is J.ny eream ifl the sul3jeet impaet feedef-erral agreement ey the non COURty party.deferral ag-reement shall include the repavment events and repavment obli2:ations set forth in subsections IE). IF). IG) and IH). as annlicable. ~ (4t-The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the ~vent of noncompliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. ~In the Gan Pro2:ram. such release shall be recorded upon payment in full. Neither !he deferred impact fees nor !he a~eemeRt prm'idir.g for tTLe deferral of impaet fees sflJ.lIee transferred, assignea, ercdited or Gthenvise conT/eyed from the dVlellirLg blmt. The deferrals of impaet fees and the J.greemcFlt fuercto shall run with !he 1ar:El..In the Low Pros;:ram. such release shall be recorded upon either pavment of the full prorated amount. in the event payment is tri2:e:ered by ocmrrence of any event listed in subnarag-raph IE)11). or expiration of the 15-vear deferral neriod. at which time the impact fees will be forgiven. ilil Excent as otherwise provided herein. neither the deferred impact fees nor the agreement nroviding for the deferral of impact fees shall be transferred. assigned. credited or otherwise conveyed from the dwelling unit. The deferrals of impact fees and the agreement thereto shall run with the land. . {SV ANWYKlOOO95012.DOCv 13 } 9 ~ ~Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. ill ~In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. LID f7t--The agreement shall be binding upon the owner's successors and assigns. ,(21 fllt-The agreement shall be recorded in the official records of the county at no cost to the county. !lID If the dwelling unit is sold to an income aualified buyer durin~ the 15-vear deferral oeriod. the impact fee deferral continues. @ The date on which and method of calculation of impact fees. as governed bv Article II of this Code. (ll.) Ceiling en defemlJs. n Ceiling on deferrals for Owner-Occuvied Units. ill Low Pro2'ram - The a2'~Te~ate amount of impact fee deferrals granted in a fiscal year for units meetin? the requirements of subsection (0(1) of this ordinance shall be limited. in total. to an amount not exceedin2' five percent of th~ previous fiscal year's total impact fee collections. m ~ap Program - The aggregate amount of impact fee deferrals granted f'b1FGblaRt toin a fiscal year for units meeting- the requirements of subsection (9QQ) of this section shall be limited, in total, to an amount not exceeding tfireefive percent of the previous ~fiscal vear's total impact fee collections. ill The reDavment of deferred impact fees pursuant to subsections (B)(4) and (C)(5)a. and b.. shall be credited to the Collier County ImDact Fee Trust Fund and shall be accounted for to ensure the fiscal soundness of the Trust Fund. {SV ANWYKlOOO95012.DOCv13) 10 ~ ~ ~ - - - . . . . . . . . . ill ~Deferrals shall be available on a first-come, first-served basis. If the total requests for deferrals exceed the ffilFFlBcramount of deferrals available, the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan, or other criteria based on policies and procedures that may be adopted by the board of county commissioners. ~ fJt- The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (i19 Amendments. Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. OL) Eligible dwelling unit categories. Agreements for the deferral of impact fees for affordable-workforce housing may only be approved for the following types of dwelling units: ill (+j-,--Single-family residences that are fully detached, and either owner-occupied or rental dwelling units, or m (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or ill fJt-Rental (leased) multi-family dwelling units. ill f4t--Rental modular homes that meet, as a minimum, the then current standards of Chapter 553, Florida Statutes for homeownership or rental, and that bear the department of community affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. . ~ ~Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Housing and Urban Development (BUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certifying that the home has been inspected in accordance BUD requirements, and that have been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. . . (kM) Apartment complexes/multi-family dwelling units. Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an . {SV ANWYKJOOO95012.DOCv 13} 11 . . . . . . . . . . . . . . . . . affordable housing rental apartment complex consisting in whole or part of multi- family dwelling units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multi-family dwelling units serving very low and/or low income levels if: (i) all such deferred impact Fees are paid on or bef0re the end of sh( years arLd Rifle manU-Ls from trLC aate 5Hrn impaet fees arc deferredas reauired under subsections IG) and IH) of this section: and (ii) the rental apartment development shall remain affordable housing qualified (under this article) for a minimum of 15 years. (lW Single-family, detached residences and duplexes. Impact fee deferrals for only single family, detached residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, including any multi- family dwelling units, but only if the owner provides additional security satisfactory to the county such as additional or substitute collateral in the form of casH. er eash eqai':alent fir.aneial instrumentsa letter of credit or guarantees acceptable to the County which will yield the full amount of the deferred impact fees when they may become due and payable. (mQ) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilitiesconrurrentlyfacilities concurrently with the issuance of the final site development plan or plat, the applicant shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: ill 8t-Name of project, legal description and number assigned by Collier County to the development order; m ~Name of applicant and owner, if different; ill ~Number of dwelling units; . . {SV ANWYKlOOO95012.DOCv13) 12 ~ t41--Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. I I I I I I I I I I I I~ Ii I (flf) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. W (0) Violations. Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (pE) Transitional provisions. The following provisions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: ill flt-Any deferral agreement that was executed prior to August 1, 2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. o ~If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the county affordable housing trust fund. Sec. 74-402. Affordable-workforce housing definitions. The following sets forth the applicable definitions for affordable-workforce housing dwelling units. (a) "Very, v8Pfj18u,' iN-Game families" means families "''vRose ine0m.es de not c3'(eeed ~5 pereeRt of trLC m.ediar~ meome fOf the area as determmea by the Seeretary af the U.S. Departm.eRt of H(n~lsmg ana Ur13ar. DC7elepment. ~A) "Very low income families" means families whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.s. Deparhnent of Housing and Urban Development. {SV ANWYKl0OO9S012.DOCv 13) 13 ~-_."-- (€,li) "Low income families" means families whose incomes are more than 50 percent but do not exceed 60 percent of the median income for the area as determined by the Secretary of the U.s. Department of Housing and Urban Development. (tiC) "Medel'6lte Work/orce income families" means families whose incomes are more than 60 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the u.s. Department of Housing and Urban Development. At least 70 percent of the income must be derived from employment within Collier County of at least 30 hours per week. -(D\ "Gav income families" means families whose incomes are more than 80 percent but do not exceed 150 oercent of the median income for the area as determined bv the Secretary of the u.s. Department of Housing- and Urban Development. At least 70 percent of the income must be derived from employment within Collier County of at least 30 hours per week. {SV ANWYKJOOO95012.DOCv13} 14 6.02.03 Transportation Level of Service Requirements A. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 average daily trips (AOT) or 100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the applicant. B. The analysis shall show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets~ ~The analysis shall be used to determine the street classification, width and number of traffic lanes internal to the development, and any requirements for off-site (external) improvements on the existing street system per the GMP. C. Level of service calculations for road facilities means calculations for peak hour traffic on a roadway segment for maximum service volumes at the adopted LOS. Peak hour is calculated as the 100th highest hour based on a ten (10) month period (omitting February and March), which is generally equivalent to the 250th highest hour f1:}r a twelve (12) month period. For design of roadway capacity _ projects, the 30th highest hour for a twelve (12) month period at LOS "0" will be utilized. O. In assessing the capacity of a County road segment, a state road segment or TCMA for the purpose of determining whether it is operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the County shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections, and number of signals. 2. Capital road improvements under construction, or for which the construction contract has been let. 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction, or for which the construction contract has been let, before the impacts from the development or phased development accrue to the roadway system. 4. Construction of the required capital improvement is included in the first or second year of either the Florida DOT five (5) year work program 1 {SV ANWYK/OO095938.DOCvlO) I Ii II II ~. i I I I I I I or the first or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR. 5. The BCC has made an express finding, after a public hearing, that the current five- (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 6. The final local development order is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element. 7. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. E. Potentially deficiertrfoad segments. 1. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is LOS "e" or LOS "D," peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has operated at LOS "E" peak season, peak hour, for two (2) years or less, based on the AUIR. 2. A potentially deficient road segment which has an adopted LOS "D" peak season, peak hour, may operate at LOS "E," peak season, peak hour, for two (2) years before it shall become a deficient road segment. 3. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is "E," peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 4. In determining the capacity of a County road segment or a State road segment for the purpose of determining whether it is a potentially deficient road segment, the County shall consider: 2 {SV ANWYKJOO095938.DOCvl0) a. Any capital road improvement currently in place. b. Any capital road improvement that is under construction. c. Any capital road improvement guaranteed in an enforceable development agreement that includes the provisions in subsections 6.02.03 E.1. and 6.02.03 E.3. d. The actual construction of the required capital road improvement is included and is scheduled to commence in or before the third year of the State's five (5) year work program and the County's current five (5) year capital improvement schedule adopted as part of the GMP. e. The BCC has made an express finding, after a public hearing, that the current five (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. F. The LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of the GMP. G. Determination of public facility adequacy for the road component shall be based upon whether the proposed development is outside a designated ASI or within a designated AS!. 1. For development outside a designated ASI, or where no ASI exists, the road component shall be granted. 2. For development within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated that the proposed development will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where the proposed development will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road 3 (SV ANWYKJ00095938.DOCvlO} . . . . . segment and does not further degrade the LOS of the deficient road segment. H. Affordable Housing Transportation Enhancement Program 1. It is the intent of Collier County to encourage development and retention of affordable-workforce housing throughout the County. and in particular in proximity to employment centers. The Transportation Enhancement Program is designed to provide incentives to developers of housing to be sold or rented to individuals whose incomes do not exceed 80 percent of the median area household income. In recognition of the reduced number of vehicle trips produced by households at this income leveL the Program provides credit in the applicant's TIS for trips generated by dwelling units set aside for ownership or rental by these households. In addition. qualified developments may receive additional credit for proximity to employment centers or including a mix of land uses within the development. 2. Definitions. The following terms have the meanings defined below for purposes of the Transportation Enhancement Program: a. "Affordable-Workforce Housing" means dwelling units for sale or rent to families whose incomes do not exceed 80 percent of the area median income. b. "Employment Center" means an existing or planned development of 20 acres or more consisting of uses allowed in the Rural-IndustriaL Urban-Commercial and Urban- Industrial Districts of the Future Land Use Element of the Comprehensive Plan. c. "TIS" means the Traffic Impact Statement prepared by the applicant in accordance with the Guidelines published by the Collier County Transportation Services Division to analyze proposed development for compliance with transportation concurrency requirements. d. "Oualified development" means a development with at least 15 percent of the dwelling units set aside for sale or rent as Affordable-Workforce Housing. 4 {SV ANWYK/OO095938.DOCvIO} f I . .; , . . II I .: . . . . . . II . . e. "Qualified business park and qualified research park" means an existing or planned development consisting of uses allowed in the Business Park and Research and Technology Park subdistricts of the Future Land Use Element of the Comprehensive Plan. f. "Planned development" means a proposed development which has received site and development plan approvaL pursuant to section 10.02.03 of this Code. Planned development includes Affordable-Workforce Housing proposals which are planned concurrently with a Qualified Business Park. Qualified Research Park or an Employment Center. g. "Mixed Use development" means a development that incorporates both a Oualified Development and a Qualified Business Park. Research Park. or other Employment Center. 3. Applicability. Pursuant to the requirements established in this section, a Qualified Development may receive a credit equal to the number of vehicle trips generated by the number of housing units in the development to be set aside for Affordable-Workforce Housing, based upon the trip generation rates established in the TIS Guidelines. A development may also receive one of the following additional credits. if qualified: a. A development located within five (5) miles of a Qualified Business or Research Park or other Employment Center may receive a credit equal to 15 percent of the total trips calculated for the project based on the trip generation methods in the TIS Guidelines if the proposed. b. A Mixed Use Development may receive a credit equal to or greater than 35 percent of the total trips calculated for the proiect based upon the trip generation methods in the TIS Guidelines. 4. Any person seeking trip generation credit for a proposed affordable housing development shall file with the Administrator of Community Development and Environmental Services an application for credit, which shall be an addendum to the Department's application for rezoning or Site Development Plans, as applicable. The Department shall revise the 5 {SV ANWYK/00095938.DOCvlO} rezoning and Site Development Plan applications to incorporate the following information for a credit application: a. The name and address of the applicant: b. An up to date. complete legal description of the site upon which the development is proposed to be located: I I j I I I I . . . . . .. c. The total number of dwelling units in the proposed development; d. The total number of dwelling units set aside for Affordable- Workforce Housing; e. The distance. in vehicle miles. from any boundary of the development site to the closest boundary line of a Qualified Business or Research Park. or Employment Center. if applicable; f. A map showing the locational relationship between the proposed development and the location of the Qualified Business or Research Park. or Employment Center. if applicable; g. The name and address of the Qualified Business or Research Park. or Employment Center. and the name and telephone number of a designated contact person for said Park or Center. if applicable; and h. The proposed site plan for the proposed development. including the location and acreage of each type of land use. If the proposed development meets the requirements for an affordable housing trip generation credit as set forth in this article. the Administrator or his or her designee shall approve a trip generation credit for the owner or applicant and direct the applicant to submit a TIS based upon the credit. 5. Restrictions for Developments Approved for Trip Generation Credit. The applicant for a Trip Generation Credit shall agree to the following restrictions: a. The sale. lease with option to purchase. or other conveyance of each affordable housing unit in the development shall be to a 6 {SV ANWYK/OO095938.DOCvlO) . . . buyer whose household income has been verified and certified in accordance with this section to not exceed 80 percent of the area median income. Such verification and certification shall be the responsibility of the developer and shall be submitted to the Department on a yearly basis for review. .. ,. '. " J I! I , II I . I . . . . . b. No Affordable-Workforce 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. c. When the developer advertises, sells or maintains the Affordable-Workforce Housing unit, it must advertise, selL and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such Affordable-Workforce Housing unit. d. The developer shall agree to be responsible for payment of any real estate commissions and fees. e. The Affordable-Workforce Housing units in the development shall be identified on all building plans submitted to the county and described in the application for the trip generation credit. f. The conditions contained in this section shall constitute covenants. restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. . . . 7 . {SV ANWYK/00095938.DOCvlO} I' I' . I I I I I . . . . . . . . . . . Article IV. Infrastructure Investment Program. See. 49-60. Intent. It is the intent of Collier County to encourage the provision and retention of affordable housing throughout the County by providing a variety of incentives for development of affordable housing. The Infrastructure Investment Program authorizes the use of ad valorem revenues generated by a Qualified Development to fund Approved Infrastructure costs of the development. Section 49-61. Definitions. (1) "Qualified development" means a project that sets aside at least 20 percent of the total residential units for sale or rent to individuals whose incomes do not exceed 150 percent of the area median household income; provides Approved Infrastructure to serve the development; and is approved to participate in one or more of the following Collier County Housing Stimulus Programs: a. The Housing Fee Payment Assistance Program. pursuant to section 74-401 of this code: b. The Transportation Enhancement Program. pursuant to section 6.02.03 of the Land Development Code: e. The Affordable Housing Density Bonus Program. pursuant to section 2.06.00 of the this code; and d. The Fast Track Permitting and Innovation Program. pursuant to Collier County Resolution No. 2005-408. This ordinance is not intended to apply to a development located within a Community Redevelopment Area designated pursuant to section 163. Part III. Florida Statutes. (2) "Approved Infrastructure" means the following basic infrastructure to serve the Oualified Development: a. Water management and control for the lands within the development and to connect some or any of such facilities with roads or bridges; b. Water supply, sewer and wastewater management. reclamation. reuse and any combination thereof. including connecting intercepting or outlet sewers and sewer mains and pipes and water mains. conduits. or pipelines. in. along. and under any street. alley. highway. or other public place or ways, and to dispose of any effluent. residue or other byproducts of such system or sewer system; c. Bridges or culverts which may be needed across any drain. ditch. canal. floodway. holding basin. excavation. public highway. tract. grade. fill. or cut and roadways over levees and embankments. and to construct any and all of such work and improvements across. through. or over any public right-of-way. highway. grade. fill or cut; d. Grading and installation of internal subdivision streets. including landscaping and sidewalks within the public rights-of-way or dedicated public easements. Such streets must meet or exceed County specifications, and must be dedicated to the public after completion; e. Stormwater conveyance and management facilities, including gutters, drains, swales. holding ponds. settling ponds or other facilities approved for the project; f. Street lighting. entrance lighting or other lighting for security purposes; g. Buses, trolleys, transit shelters, ridesharing facilities and parking improvements and related signage; h. Any other utility or infrastructure within the public rights-of-way to serve the development. which may be provided by the District pursuant to its statutory authority or agreement with the County; and i. Any other utility or infrastructure improvement. either onsite or offsite. which is expressly required by or approved by a local government development order. (6) "District" means a special district. established pursuant to Chapter 189. Florida Statutes; a community development district. established pursuant to Chapter 190. Florida Statutes; or a public or private non-profit entity formed to construct and operate the Approved Infrastructure to serve a Qualified Development. (7) "Interlocal Agreement" means an agreement entered into, and governed by. Section 163.01. Florida Statutes. (8) "Gross Ad Valorem Revenue" means the total ad valorem revenue generated by a Qualified Development. (9) "Qualified Business Park and Qualified Research Park" means an existing or planned development consisting of uses allowed in the Business Park and Research and Technology Park sub-districts of the Future Land Use Element of the Comprehensive Plan. (10) "Employment Center" means an existing or planned development of 20 acres or more consisting of uses allowed in the Rural-Industrial. Urban-Commercial and Urban-Industrial Districts of the Future Land Use Element of the Comprehensive Plan. (11) "Mixed Use Development" means a development that incorporated both a Qualified Development and a Qualified Business Park. Qualified Research Park and/or other Employment Center. (12) "Planned Development" means a proposed development. Sec. 49-62. Application Requirements. An applicant seeking approval for the Infrastructure Investment Program must file an application with the County Administrator, or his or her designee, including the following information: . II I . . (1) The name. address and contact telephone numbers of the applicant; (2) The legal description of the property to be developed; (3) The approximate amount of open space to be provided; (4) The street layout of the development; (5) The acreage and location of property intended for use as public parks, recreation areas. streets, public utilities and pubic improvements of any nature; (6) The total number of residential dwelling units; (7) The total number of residential dwelling units for sale or rent to individuals whose incomes do not exceed 80 percent of the area median household income; (8) The total number of residential units set aside for sale or rent to individuals whose incomes are more than 80 percent but do not exceed 150 percent of the area median household income; (9) The name of the Collier County Housing Stimulus Program for which the applicant is approved and any project number within that Program; (10) A copy of the Impact Fee Deferral Agreement or Affordable Housing Density Bonus Agreement. if applicable; (11) The Fiscal Impact Analysis for the development; and (12) A certified statement that the developer will abide by all the requirements of the applicable Housing Stimulus Program. Sec. 49-63. Interlocal Agreement. If approved for the program. a District providing infrastructure to a Qualified Development may enter into an Interlocal Agreement or other enforceable agreement with the County to authorize reimbursement to the District of Approved Infrastructure costs from Gross Ad Valorem Revenues generated. The Interlocal Agreement must: (1) Include a list of Approved Infrastructure to serve the Qualified Development which will be financed by the District; (2) Identify the type and terms of financing which will be utilized by the District to provide the Approved Infrastructure; (3) Provide for the County to collect and separately account for ad valorem revenues generated by or attributable to the development during the term of the Agreement; (4) Provide for reimbursement to the District of the costs of Approved Infrastructure to serve the development in the manner and subject to the restrictions prescribed in this Section; (5) Include as back-up data a Fiscal Impact Analysis meeting the requirements of Subsection (D)' which must be incorporated by reference into the Agreement: I I I 11 - I I I (6) Require the District to provide to the County Administrator. or his designee. an updated analysis of ad valorem revenues on a yearly basis: (7) Provide for the timin~ of reimbursement payments. and a schedule of such payments. if applicable. based upon the Fiscal Impact Analysis; and (8) Be executed by all parties no later than approval of a Site Development Plan for the development unless an extension is mutually a~reed upon by the District and the County. (9) Demonstrate that the Oualified development is fiscally neutral or positive as measured over a 20-year period. includin~ the reimbursement amount as determined in Section 49.65 as cost. Sec. 49-64. Fiscal Impact Analysis. The fiscal impact analysis shall be performed usin~ a fiscal impact analysis model (Model) that must meet the followin~ requirements: (1) The Model shall be calibrated to Collier County standards that are required by the Model such as current and past budgets. persons per household. current impact fee schedule. current population numbers. etc. (2) The Model will calculate fiscal analysis usin~ both capital and operating revenues and costs. (3) The Model will also be able to calculate the gross ad valorem revenues ~enerated by the project by year to be used in Section 49-65. Sec. 49-65. Reimbursement. (1) The Infrastructure Investment Program is a reimbursement program. If approved for the Program. evidenced by an approved Interlocal Agreement. the District will be reimbursed for the costs of Approved Infrastructure. The reimbursement amount will be a percenta~e of Gross Ad Valorem Revenue equal to the percentage of residential dwelling units set aside for sale or rent in the Project to individuals whose incomes do not exceed 120 percent of the area median household income. For example. if 15 percent of the total residential dwelling units are sold or rented to individuals whose incomes do not exceed 120 percent of the area median household income. the applicant will be entitled to 15 percent of the Gross Ad Valorem Revenues ~enerated by the Project. (2) An additional 5 percent of Gross Ad Valorem Revenues would be added to the reimbursement provided in subsection (E)(1) for a Qualified Development which is also located within five (5) miles of a Qualified Business Park. Qualified Research Park. or Qther Employment Center. Alternatively. an additional 15 percent of Gross Ad Valorem Revenues would be added to the reimbursement provided in subsection (E)(1) for a Mixed Use Development. (3) In no case shall the reimbursements provided under subsections (E)(1 land (2) exceed 35 percent of the total Gross Ad Valorem Revenues. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally, LA-:LWithin 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) 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 required, pursuant to the Collier County GMP. The total eligible density must not exceed 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 (.^.DHIlAHDB ) Program. LB,-:LWithin 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 eight dwelling units per gross acre to the base density of four, six 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 a total of 16 dwelling units per gross acre, except as provided in the Immokalee Area Master Plan. LC. L 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 Elevelel'HleRt speveloDments 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 1 {3907/00/00150835.DOCvl) . . . ~ 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,.-LIn 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. ill b-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 hOl,wing ar.d ur13ar. improvcment dircctor the County Manager or his designee 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 Cliscussed 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. ill :J,-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 !T.e housing and urBan improvement director the County Manager or his designee. The application must, at a minimum, include: .a., _Zoning districts proposed by the applicant on the property and acreage of each; h.. &.---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. e,-The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d, 4--Total number of affordable housing units proposed in the development categorized by level of income of Gap. Workforce. Low and Very 2 (3907/00/00150835.DOCvl) ....' Low as defined in Table A. number of bedrooms, and rental units and owner-occupied units: k 1. ~foderate,^lorkforcc Cap income households (ORC bedroom, h\TO bedroGHl.s, or fr~n~c bedrooms or ffi0re). I ii. 11. Lav.. income households (ORC bedr00FR.. h\.o Bedrooms, or three Bedrooms or more). I iii. Hi. Very low income households (one bedroom, two bedrooms, or three bearooFRs or more). I IV. i7. Total affordable housing 1:lFlits (one bcdr0om, h\TO Bedrooms, or three Bedrooms or more). I I I I e. e,-Gross density of the proposed development ; L h-Whether the AHDB is requested in conjunction with an application for a planned unit development (POO), an application for rezoning, or an application for a Stewardship Receiving Area; and g, 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. I I I !ill &.-Determination of completeness. After receipt of an application for AHDB, the Rousing ar.d Hrllar. iIRflrovemcnt director the County Manager or his designee shall determine whether the application submitted is complete. If he determines that the application is not complete, tr.e ROHsing and urban improvement director the County Manager or his designee shall notify the applicant in writing of the deficiencies. the housing and urbar. impro','cment director The County Manager or his designee shall take no further steps to process the application until the deficiencies have been remedied. I I ill +.--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 development services director to schedule the AHDB application with the companion application for rezoning, 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 I . . 3 {3907/00l00150835.DOCvl} . I I I ~ . . . . . . . . . application. The recommendation of the County Manager or designee must include a report in support of his or her recommendation. Applications for AHDB which set aside at least 15% of the total number of units for affordable-workforce housing must be recommended for approval if they meet the criteria for the program. Such evaluation is separate from the evaluation of the companion application for consisten0' with the land development regulations and the Growth Management Plan., ~ &'--Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written 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, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing 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 stewardship receiving area, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions. Applications for AHDB which set aside at least 15% of the total number of units for affordable-workforce housing must be recommended for approval if they meet the criteria for the program. Such evaluation is separate from the evaluation of the companion application for consisten0' with the land development regulations and the Growth Management Plan, ~ €r.-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), then the hearing must be 4 {3907/00/00150835.DOCvl) ~~- - . . .. . . . . consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the BCe, and the BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the BCe, 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 BCe, 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 rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. Applications for AHDB which set aside at least 15% of the total number of units for affordable-workforce housing must be recommended for approval if they meet the criteria for the program. Such evaluation is separate from the evaluation of the companion application for consistency with the land development regulations and the Growth Management Plan, LE,....-LThe procedures to request approval of a density bonus are described in Chapter 10 of this LDe, along with requirements for the developer's agreement to ensure compliance. 2.06.02 Purpose and IntentA. (A) Section 2.06.00 is intended to implement and be consistent with the GMP, 9 163.3161et seq. F.5, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM, by providing for H'\oaerate, lew, aREI. very leV/ meome fleusir.ghousing for individuals and families with incomes which do not exceed 150 percent of the area median household income 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. LB,-LThis 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 sf H'\eaerate, lew, er very loV/with incomes which do not exceed 150 5 {3907/00/00150835.DOCvl} percent of the area median household income, thus expanding housing opportunities for motlerate, lew, and. very low ineomc floaseholds tl-.F8ughaut the eounty.individuals and families throu\;:hout the countv with incomes which do not exceed the area median household income. Further. the AHDB 2:uarantees increased residential densities to developers who set aside at least 15 percent of their housing develonment as affordable by households with incomes which do not exceed 150 percent of the area median income. 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. I t 2.06.03 AHDB Rating SystemA. IA) 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. ill -h----First, choose the household income level (50% of median income, 60% of median income, or 80% of median income, 150% 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. ill ;h--Table A will indicate the maximum number of residential dwelling units per gross acre that maybe 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 two (2) percentages it lies between, plus one-tenth (1/10) of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has twenty-four (24) percent of its total residential dwelling units as affordable housing units, at the 80 percent level will receive an AHDB of 2.4 residential dwelling units per gross acre for the development. ill &.-Where more than one (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 6 [3907/00/00150835.DOCvl } "...~", 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 eight (8) dwelling units per gross acre. Table A. Affordable-Workforce Housing (Additional Available Dwelling Units Per Gross Acre) Density Bonus TABLE INSET: Maximum Allowable Density Bonus by Percent of Development Designated as Affordable orkforce Housing ousehold (%10% 0% 0% 0% 0% 0% 70% 0% 0% 100% 8 7 8 *Owner-occupied only **May only be used in conjunction with at least 10% which do not exceed 80% MI Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre, except as provided in the Immokalee Area Master Plan. @ 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 7 {J907/00/00150835.DOCvl) ~ - -- .,. -- regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum nMH'lber of afford.able hOMSiRg t1Rits that sHall be pro"rided in a aeTlelopment pursuar.t to this seetion GRall be ten (10) afferdable housing "Units. !Q I*--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. 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-l.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 BCe, 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 processed in the same manner as the original agreement. The AHDB development agreement shall include, at a minimum, the following provisions: ill h-Legal description of the land subject to the agreement and the names of its legal and equitable owners. ill ;h-Total number of residential dwelling units in the development. ill J.,.-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. ~ development. 4,--Maximum number of AHDB dwelling units permitted in the ill e,..-Cross residential density of the development. W &'--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 (moaerate gap. workforce. low, and very low). 8 [3907/00/00150835.o0Cv1 ) ~ . 11I1 _! "I ill 7. The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. Comparable market rate means the rental amount charged for the last market rate dwelling unit of comparable square footage, amenities, and number of bedrooms, to be rented in the same development. !lll &--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 moaerate ~ap. workforce. low,-er very low income 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. !2l 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 moaerate ~ap. workforce. low, or very low. income 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 (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. !lID ~For example, a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of $76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of $3,423.00. The seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment of this amount would release the first owner from the recorded lien agamst 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. 9 {3907/00100150835.DOCvl} llll J.h-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. L1ll ~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. Lru -l&.--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. Llll M,.-The square footage, construction and design of the affordable housing units shall be the same as market ratedwelling units in the development. Llill 4&.--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. Ll2l ~The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. UZl 17. The conditions contained in the AHDB development agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. am -l&---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. !l2l +9,-Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (moderate ~aD. workforce. low, or very low income) designated in accordance with the AHDB development 10 {3907/00/00150835.DOCvl} - I I I ~ I III .. agreement for at least 15 years from the issuance of a certificate of occupancy for such unit. iZID ~The developer and owner of the development shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling units where these issues are a factor. LID '8. 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. !Q perce~t:qe ::~ff:r~b~e h~usinq units. To aua~ify .for the AHDB prol!'ram. the developer m_s_ re___v_ _ _ortion of the total UnIts ill the develo~~nt for aff r I _ rkf r i. H w r n HD h 11 r vi f ev_lo~ments which lO,MgrIM cae. t 15 n f h I units f r aff r a I -w rkf r e h 'n provided that ;e ~~nus me~ts the req,uirements of subsection B. above. !kll G,-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 affordable housing units. LID :G,--Nontransferable. The AHDB is not tral'lsferrabletransferable between developments or properties. !El &-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 (ten percent in this case) cumulatively. 11 {3907/00l00150835.DOCvll RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING THE ADOPTION OF REGULATIONS WHICH ENCOURAGE THE DEVELOPMENT AND RETENTION OF AFFORDABLE-WORKFORCE HOUSING IN THE COUNTY, SPECIFICALLY FAST TRACK EXPEDITED PERMITTING, FLEXIBILITY IN DESIGN AND DENSITY BONUS ALLOWANCES WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of workforce housing affordable to its workers and residents, encourage the retention of affordable-workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable-workforce housing by adoption of the following Goals, Objectives and Policies in the County's Growth Management Plan ("GMP"): Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; Housing Element Objective 1: to increase by at least 1000 the number of new affordable housing units each year; Housing Element Policy 2.4: requires amendment of codes and ordinances to promote affordable-workforce housing by allowing for flexible design and encouraging mixed uses; 1 {SV ANWYK/OOlOBOO9.DOCv3} .- . II Housing Element Policy 2.5: requiring review of permit processing systems to reduce processing time for affordable-workforce housing; Future Land Use Element Policy 7.4: encourage developments to provide a range of housing prices and types; Future Land Use Element Density Rating System: authorizing affordable-workforce housing density bonuses of up to 6 units/acre in the Urban Residential Fringe Subdistrict and up to 8 units/acre in other specified districts and subdistricts; and Transportation Element Policy 5.6: establishing the South County TCEA and recognizing the provision of 25 percent affordable housing as a Demand Management Strategy; and WHEREAS, the Board has implemented its affordable housing commitments represented in the CMF by adopting the following ordinances and resolutions: Resolution 2007-XXX, providing for Fast Track Permitting of developments which include housing units affordable to residents whose income does not exceed 150 percent of the median household income for Collier County. The resolution defines specific criteria for development to qualify for Fast Track permitting, establishes maximum length for staff reviews of those applications, and requires agreements between the applicant and the County to retain qualified housing as affordable for a minimum of 15 years; Ordinances 04-72 and 05-27, which establish and refine the Affordable Housing Density Bonus (AHDB) program, which provide a rating system to award increased density to developments which provide housing units affordable to various segments of the population, including those with very low and low incomes; and 2 {SV ANWYKjOOl08009,DOCv3} . I I I I I I I - ~ ~ , ~ ~ ~' WHEREAS, the development community has responded by proposing projects which qualify for the Fast Track permitting and have produced _ units of affordable housing in Collier County; and WHEREAS, the Board wishes to encourage developers to submit additional applications and take advantage of the available affordable housing incentives and increase the number of units in the County; NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing recitals are adopted as true and incorporated as part of this Resolution. 2. The Board reaffirms its support of the affordable-workforce housing initiatives previously adopted by resolution and ordinance of the Board, as set forth above. 3. The Board is committed to increasing the number of affordable-workforce housing units delivered to the community through its previously adopted affordable-workforce housing initiatives. 4. The Board is fully committed to working with the community to assist in application for and approval of the existing affordable-workforce housing initiatives. 5. The Board is open and receptive to revisions of the existing initiatives which increase incentives for provision and retention of affordable-workforce housing in the community. fSV ANWYK;OOI08009.DOCv3} 3 I I I ~ . ~ I THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: DAVID C. WEIGEL County Attorney {SV ANWYKJOO108009.DOCv3] ,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JIM COLETTA, Chairman 4 I I I I I I ~ I I I II .. RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2005-408, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE AND THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE-WORKFORCE HOUSING; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of workforce housing affordable to its workers and residents, encourage the retention of affordable-workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable-workforce housing by adoption of the following Goals, Objectives and Policies in the County's Growth Management Plan ("GMP"): Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and affordable-workforce housing for all residents of Collier County; Housing Element Objective 1: to increase by at least 1000 the number of new affordable- workforce housing units each year; Housing Element Policy 2.4: requires amendment of codes and ordinances to promote affordable-workforce housing by allowing for flexible design and encouraging mixed uses; 1 \3907/00/00151296.DOCvl) - I I I I I I I I I I I I I I Housing Element Policy 2.5: requiring review of pennit processing systems to reduce processing time for affordable-workforce housing; and WHEREAS, in order to comply with Section 420.9071(16), Florida Statutes, the Board of County Commissioners through Resolution No. 2005-408 adopted as its policy, specific procedures for expediting the review of development orders and permits for affordable- workforce housing projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to extend the benefit to providers of affordable-workforce housing serving families with workforce and gap income levels, and to make the program consistent with other affordable-workforce housing programs administered by the County; and WHEREAS, the Board of County Commissioners desires to rescind Resolution 2005-408 and have this new Resolution take its place; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: (1) This Resolution shall supersede and replace Resolution 2005-408. (2) The forgoing recitals are adopted as true and incorporated as part of this Resolution. (3) The Board of County Commissioners' affordable-workforce housing expedited review policy as amended below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use as follows: 2 {3907/00/00151296.DOCvl } I I (A) Purpose/Scope: Establish procedures for expedited reviews of all I development orders and permits qualifying as affordable-workforce housing so as to create more affordable-workforce housing and comply with Section 470.9071(16), Florida Statutes. I The affordable-workforce housing expedited review process for qualified development orders I and permits is not intended to otherwise modify or alter existing procedural standards for I reviewing development orders and permit applications, including those that do not qualify for affordable-workforce housing expedited review status. I I I - - - ~ - - - (B) Applicability. These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County proposing to construct affordable-workforce housing. In order to qualify for affordable- workforce housing expedited review, the applicant for a proposed development order or permit must: 1. specifically request affordable-workforce housing expedited review project status as part of an application for a County development order or permit, as defined in Section 163.3164(7) and (8), Florida Statutes, including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding environmental reviews, traffic reviews, and fire code reviews; and, 2. be willing and be able to record in the public records a proposed land use restriction, developer agreement, PUD restriction, affordable-worforce housing payment assistance agreement, or other type of instrument against the property ensuring afford ability of proposed residential dwelling units for a period of at least fifteen (15) years 13907/00/00lS1296.DOCvl} 3 I I I I I I I I I I I I I I I I I I from the date of those units being issued a Certificate of Occupancy. These recorded agreements must include, as applicable, terms that meet the following minimum requirements for development orders or permits proposing to: a. construct less than fifty (50) dwelling units, then at least twenty percent (20%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one- hundred-fifty (150%) of the median annual household income in Collier County; b. construct fifty (50) or more, but less than two hundred (200) dwelling units, then at least fifteen percent (15%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one-hundred fifty percent (150%) of the median annual household income in Collier County; or c. construct two hundred (200) or more dwelling units, then at least ten percent (10%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one- hundred fifty percent (150%) of the median annual household income in Collier County; and 3. include a certificate issued by the Operational Support and Housing Department stating that the affordable-workforce housing project has qualified for affordable-workforce housing expedited review status. (C) Affordable- Workforce Housing Expedited Review Procedures. 1. Affordable-workforce housing expedited review qualification meeting. Prior to an application for a development order or permit being submitted to Collier County for 4 {3907/00/001S1296.DOCvl} - affordable-workforce housing expedited review, the applicants or agents must attend a qualification meeting with the Operational Support and Housing Department (aSH). To qualify, the applicant or agent must demonstrate how the project will comply with B.2 above. Those that demonstrate compliance will be issued a certificate of affordable-workforce housing expedited review by the Operational Support and Housing Department. 2. Submittal of affordable-workforce housing expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including a certificate of affordable-workforce housing expedited status review issued by aSH, must be submitted to the County for expedited review within six months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be requalified under 1, above. 3. Affordable-workforce housing expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time-stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review as set forth below: a. To be considered "complete", an application submittal package must include the following: all items checked off on pre-application meeting notes (i.e. correct fees, addressing checklist, and any additional information requested during the pre- application meeting). 5 (3907/00/00151296.DOCvl} c. An application package deemed "incomplete" will not be b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review, or Building Review and Permitting Department, will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete", it will have all necessary data entered into the computer tracking program noting the applicable affordable-workforce housing expedited review period: one hundred twenty (120) business days for Rezoning Petitions, sixty (60) business days for Plate or Site Development Plans, or seventy-five (75) business days for Residential Building Permits. If an Environmental Impact Statement is required with the application, an additional thirty (30) to forty-five (45) business days of review may be required to adequately coordinate letters of technical assistance for appropriate state and federal review agencies. These review periods will include all the necessary public hearings, however, they are predicated on the required quorum before the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board of County Commissioners (BOCC). 6 {3907/00/00151296.DOCvlj 'I t ... I I e. In addition, an affordable-workforce housing expedited review routing sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency determination. 4. Expedited review times for staff affordable-workforce housing expedited I I I review projects. I I I I I I - ~ ~ I I - I I I a. Review of any development order or permit with affordable-workforce housing expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred twenty (120) business days for rezoning requests, sixty (60) business days for platting or Site Development Plan requests or seventy-five (75) business days for Residential Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the CCPC and the BCC will then be scheduled consistent with paragraph 5 below. To insure that the expedited review applications move through the review process in a timely manner, all resubmittals should be provided to the County within twenty (20) business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/120/75 business day review timeframes will not include any time when the application has been retumed to the applicant for correction s based on the staff's sufficiency review comments. c. In order to meet the expedited review periods, staff reviewers must complete their initial review of affordable-workforce housing expedited review applications within fifteen (15) business days from receipt of the rezone petitions, seven (7) business days from receipt of platting and Site Devdopment Plans, or seventy-five (75) business {3907/OO/OO151296.DOcvll 7 . d"' -',_ .-__ ,,_.. .. . . . II .. II days from receipt of Residential Building Permits. If an Environmental Impact Statement is required with the application, a thirty (30) to forty-five (45) additional business day review time will be required. Sufficiency Review comments will be forwarded via fax or email to the applicant within one (1) working day of when they are posted on the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manger or his/her designee. f. Once an application for a development order or permit has been rejected three (3) times by County staff, the applicants or agents must attend a mandatory project review meeting to b.e held with all the County reviewers yet to approve the application. 5. Public meeting and hearings. Qualified affordable-workforce housing expedited review projects will be given first priority for scheduling of all Neighborhood Informational Meetings (NIM), development review/pre-application meetings, and public hearings. (D) Applicant Requirements. 1. Partnership Agreement. The applicant shall sign and enter into a "Partnership Agreement" with Collier County in order to participate in the Fast Track expedited {39D7/DD/DDlS1296.DOCvl} 8 I I I I I I I I I I I I I I I I ! I ~ review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JIM COLETI A, Chairman ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: DAVID C. WEIGEL County Attorney {3907/00/00151296.DOCVl} 9 ......:i.,.~_.,,,.