§ 2.06.01. Generally

A.

Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four 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 12 dwelling units per gross acre to the base density of four residential dwelling units per gross acre, plus any other density bonuses available and minus any density reduction that is required, pursuant to the GMP. The total eligible density must not exceed the maximum density allowed pursuant to the GMP. The program to accomplish this increase to provide affordable housing is called the affordable housing density bonus (AHDB) program.

B.

Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to 12 dwelling units per gross acre to the base density plus any other density bonuses available. The total eligible density must not exceed the maximum allowed pursuant to the GMP.

C.

Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available.

D.

In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB.

1.

Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or designee. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area.

2.

Application. An application for AHDB for a development must be submitted to the County Manager or designee in the form established by the County Manager or designee. The application must, at a minimum, include:

a.

Zoning districts proposed by the applicant on the property and acreage of each;

b.

The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied;

c.

The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied;

d.

Total number of affordable housing units proposed in the development, categorized by level of income, number of bedrooms (one bedroom, two bedrooms, three bedrooms, or more), and rental units and owner-occupied units:

i.

Gap-income households.

ii.

Moderate-income households.

iii.

Low-income households.

iv.

Very-low-income housing units.

e.

Gross density of the proposed development;

f.

Whether the AHDB is requested in conjunction with an application for a PUD, rezoning, SRA, or a conditional use for a Commercial Mixed-Use project as provided for within LDC section 4.02.38; and

g.

Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section.

3.

Determination of completeness. After receipt of an application for AHDB, the County Manager or designee shall determine whether the application submitted is complete. If it is determined that the application is not complete, the County Manager or designee shall notify the applicant in writing of the deficiencies. The County Manager or designee shall take no further steps to process the application until the deficiencies have been remedied.

4.

Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the Zoning Division director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use, and must recommend to the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation.

5.

Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, rezoning, SRA, or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application before the planning commission. The planning commission must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. 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 PUD, rezoning, SRA, or conditional use, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions.

6.

Review and determination by Board of County Commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission, the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, rezoning, SRA, or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. After the close of the public hearing, the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a PUD, rezoning, SRA, or conditional use, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program.

E.

The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance.

(Ord. No. 05-27, § 3.G; Ord. No. 06-63, § 3.K; Ord. No. 19-02, § 3.B)