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Ordinance 2013-53
pl-H 'LEUTIT OCT 7 2013 ORDINANCE NO. 13-53 By � J�Lt': • ' ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2007-55, THE BOXWOOD RPUD, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO 120; BY ELIMINATING THE AFFORDABLE HOUSING DENSITY BONUS AND DELETING/TERMINATING THE DENSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C", THE EXISTING MASTER PLAN, AND APPROVING A NEW MASTER PLAN; BY DELETING EXHIBIT "C- 1", ROW CROSS SECTION, AND APPROVING A NEW EXHIBIT "C- 1"; BY DELETING EXHIBIT "C-2", RPUD NORTH AND EAST PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT "C-2" ENTITLED NORTH AND EAST LANDSCAPE BUFFER PLAN; BY ADDING EXHIBIT "C-3", TYPICAL LOT LAYOUT; BY REVISING THE DEVIATIONS; BY REVISING THE DEVELOPER COMMITMENTS; BY DELETING EXHIBIT "G", CONCEPTUAL TOPOGRAPHICAL CROSS SECTION, AND APPROVING A NEW EXHIBIT "G" FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND NORTH OF VANDERBILT BEACH ROAD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20130000141] WHEREAS, Robert J. Mulhere, AICP of Hole Montes, Inc. representing Lynx Zuckerman at Naples LLC, petitioned the Board of County Commissioners to amend the Boxwood Residential RPUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that SECTION ONE Ordinance No 2007-55, the Boxwood RPUD, located in Section 35, Township 48-South, Range 26 East, Collier County, Florida, is hereby amended to change the name of die Residential Planned Unit Development to Tuscany Pointe RPUD in accordance with the revised Exhibits attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The Tuscany Pointe RPUD Page 1 of 2 PUDA-PL20130000141 —Rev. 8/08/13 CP' appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 0/7 day of S.pkink(2013. ATTEST • d , BOARD OF COUNTY COMMISSIONERS DWIG I '''E:BROCL CLERK COLLIER $1. T , FLORIDA By _ j B y • Deput Clerk �� GEORGE; A."' ER, ESQ. Attest as'to,Chairrnan`s:' chairwoman signature only." ' Approved as to form and legality: (-14) eidi Ashton-Cicko - Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C—Master Plan Exhibit C-1 —ROW Cross Section Exhibit C-2 —RPUD North and East Landscape Buffer Plan Exhibit C-3 —Typical Lot Layout Exhibit D—Legal Description Exhibit E— List of Requested Deviations Exhibit F— List of Developer Commitments Exhibit G—Conceptual Topographical Cross Section This ordinance filed with the ecr tory of C.tate's Office the"p_ CP\13-CPS-01214\58 day of �' _2I7 and acknowied;,emen of that fili . re eived his day Tuscany Pointe RPUD Page 2 of 2 of �. .• c'. , _• PUDA-PL20130000141 —Rev. 8/08/13 g By )� • �� r•p„ry NIP"' EXHIBIT A FOR:fuE BOXWOnn TUSCANY POINTE RPUD ALLOWABLE USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the wed Tuscany Pointe (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the Boxwood Tuscany Pointe RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as determined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single-family detached dwellings; 2. Single-family attached dwellings; 3. Two-family patio and zero lot line; Page 1 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc 4. Townhouse (TH)-and multi family; 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and clubhouse, screen enclosures, and facilities for lawn care and maintenance. The location of the recreational area is depicted on the RPUD Master Plan. 3. PRESERVE SUBDISTRICT The RPUD Ma-stef--P-lan provides f,,. •t.15 acres of preserve area that shall be recreated that constitutes the minimum acreage required in accordance with Laud Development Code created - - • -- - - • - et forth on composite Exhibit "G"of this Ordinance. The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. 'I- • : ' - •_mpacted preserve areas shall be re created on the property In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. Twenty five percent (1.25 acres) of this area shall-be re cr': . aea. . - .. - " • - - - reserve shall-b - - . - _ area. This preserve area shal-1 be connected to the-l. . . • - .:meat to the south. Thus, the RPUD Master Plan requires that a minimum of 4.15 acres of preserve area be recreated onsite contiguous to the existing offsite preserve on the Bucks Run PUD to the south, or relocated offsite in accordance with the criteria in the Land Development Code. The cross sections for the re created preserve area - • .• " " . ' •' e : • - and tThe cross sections for the topographic profile of the re created preserve area are set forth en-cemposite in Exhibit"G"of this Ordinance. A. Permitted Uses and Structures within the On-Site Preserve, if applicable: 1. Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; Page 2 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doc Page 3 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc EXHIBIT B EAR-T- TUSCANY POINTE RPUD TABLE I RESIDENTIAL (TRACT R) DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE FAMILY TWO-FAMILY, MCI- CLUBHOUSE/ STANDARDS FAMILY ATTACHED& PATIO& FAMILY RECREATION TOWNHOUSE ZERO LOT BUILDINGS LINE PRINCIPAL STRUCTURES . MINIMUM LOT AREA 5500 S.F. PER 1800 4500 2400* N/A UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER UNIT i MINIMUM LOT WIDTH Integer-50 FEET N/A 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1200 S.F 1200 S.F 1200 S.F. 1000 S.F./D.U. N/A MIN,FRONT YARD 23 FEET! 23 FEET1 23 FEET 23**FEET N/A MIN_. SIDE YARD 5 FEET 0 OR 5 FEET2 0 OR 43 5 0 or 15 FEET 20 FEET FEET MIN,REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET MIN,PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DISTANCE 10 FEET Not less than 20 feet Not less than 12 Net-less-than-20 10 FEET BETWEEN STRUCTURES between bldgs. feet between feetetween-bldgs. bldgs, MAX.BUILDING HEIGHT- 25 FEET not to 25 FEET not to 25 FEET not to 25 FEET within 25 FEET not to •'e e - -ZONED exceed iv+t-kun-two exceed within-two exceed within two-stories-hem exceed wit-{ stories-height as stories height as two stories-height as-zoned-hut-not to two stories height zoned but-not-to zoned but not to zoned but not c as zoned but ne e*eeeE1411-ifty-14 ceead-tve f e to exceed twenty- feet or 35 feet to exceed twenty- feet-ae-tual-height. feet-t4t-35--Feet-aetttaI. five-fee-or 35 anal- five feet of44 feet actual. feet actual. MAXIMUM BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 1-{EIGHT- ACTUAL ACCESSORY STRUCTURES FRONT 23 FEET SPS 23 FEET SPS 23 FEET SPS 23 FEET 23 FEET SPS SIDE SPS SPS SPS SRS SPS REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET DISTANCE BETWEEN N/A N/A N/A N/A N/A PRINCIPAL STRUCTURE MAX. 146-11.DING HEIGHT SPS ' SPS SPS SFS 20-FEET SPS NOT TO EXCEED ZONED i. ACTUAL t • S.P.S.=Same as Principal Structures BH=Building Height Page 4 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doc GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium,and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: feet 1 The 23' setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: • Where side entry garages are provided, -- . .. .. _.. _. : ! := the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk;however, in no case shall the front setback for the side entry garage be less than 10'. • All other portions of the principal structure, whether designed with a front entry or side entry garage, shall be set back a rninimtun of 20 feet, except Wwhere a lot is located at the intersection of two streets. in which case the front yard setback set forth herein shall only apply to the street on which the entrance is located, and the other setback adjacent to the ROW shall be a minimum of 10'. A--sepa•- tion--aII be tnairttiti-ne4-a-nng the-tieaheni—p eEty-line-as cunenrly hewn on the—RP-U-D--Master Plan to • . .0 feet to-the •, • • . • •ce area in Van . used for right open space, of-reoreational use. A one story recreational building-shall be,p°.•.,,itt d i.,this area at a loca-lien • - • D41-aster111-an, 5' minimum side setback for sinile-family attached, townhouse, two-family, patio and zero lot line must be accompanied by another 5'minimum side setback on adjoining lot to achieve minimum 10' separation. Page 5 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc - U I r ^ i ! m —T-- ob m 4L''.?PO % w WxM 3 Pm G ". 14 i 1 : 525 1 Am 5-$ � p v a § i� � 8 i ! 1 �j oz ; 40 1«� « « « N 5 Z ,`., 7d7NQI5AHITd--_ 9t n 's d M- F' w >1 ,'-_ ----- -.-_- ---- ------ --_-1 g 8 d $ i ' 2 ,. , I I R I / iI a 1 i i I 1 23 e . 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' 444044 Page 6 of 16 H:12004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc O N 0 ig it i ,40, 8 az rk I -- '‘4., 11 4 to a . R v g 00,-. -pi I . 1 E ' 8 a g 6 5 - I., 5 0 2 Z3 = b t© @ o � , .r wa $4" liiip ..k°\' 1 ? TO rN b ,,,,,, LL4 ,.... !'i el . 8 ?j d?a a .d �, z tt N j *C344 i 1 -f4' ' d `� g il � o G Z I • . / If) n ro n < G41 N l\V « z • i3 CJ i=rrriz Page 7 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc (`\`) ' V N ii b 1-N ■ m W n N Q A - W W 1 : is G r, _ 2 . co V J :II . - ,.A (i) < co 2 fr IAA z 14 i,',� CL co �� -o- H m Jva0 oW J LL 2- W W �ZYN CD .. a- mffli 1"� Z f5 V X r44-' _ Z wE`) 0 Q (�W w C m CO 2F- smZ t� V�WO io alp. Or ,' 1- O aW0 '''T _,tj OF- W ZZ ��> +';br Z Z ga00 fir W WI W}W wa CC wC) s -_,; H Z 0 c z g■ = �+ 1-00,3_Z < O ;gd gi ~ Ii W I lgil G >W n 2aao Igi ':.s' 0Q W VM=H O W V) J 7" �, . Z re W Usi 0 Z=V it,a,i 0 c� "' .? < W H' yQOW ' Vu. 0 OC -0LL Z > > 0 W 0 =‘ A - CO w =0 co 0'm Fz °>a, a rtu FN J aa nill , H _::4VQ H V-"W H 0J y g Gazes ` � m Z=—F— q. _ o F- gy;W = Z y w ea'; 4� 3g �3Z� lival 0o$ E2?<a O N =`�O 2 - Z ' a 1- p QI O z 2 ■ozi _� '' W o WNZ� C! C64 4 LL S Z5W y� IMuiCe roll O m W I N CtZLLZ 1� W m Zm ' 2v f ca) 4% 40 gZ a tti 4 i Emil 21 Page 8 of 16 H.\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doc (_. ),r PROPERTY UNE __ -- I , __ _1 5, MIN. I 1,I , __ 1 a1 I ACCESSORY POOL) RE 0 1 r PROPERTY UNE I I 5' MIN. FOR SINGLE FAMILY DETACHED, 0' OR 5' FOR SINGLE FAMILY ATTACHED. TOWNHOUSE. TWO—FAM Y, PATIO. AND ZERO LOT UNE. 5' MIN. RESIDENCE SIDE YARD SETBACK MUST BE ACCOMPANIED BY ANOTHER 5' MINI 1 SETBACK ON ADJOINING LOT TO I ACHIEVE MINIMUM 10' SEPARATION. 5' MIN.- (5' MIN. I I PROPERTY UNE i 1 I I 1 I s 4 —, _23' MIN. FOR FRONT—ENTRY GARAGE I MAY BE REDUCED FOR SIDE ENTRY I GARAGE IF DESIGNED SO THAT A I PARKED VEHICLE WILL NOT ENCROACH UPON THE SIDEWALK. R.O.VL UNE I I IN NO CASE SHALL THE FRONT /— I I I SETBACK OF A SIDE ENTRY GARAGE _I I __ BE LESS THAN 10'. t SIDEWALK ROADWAY SIDEWALK REVISED: 8/8/13 —— —— —— REMSED: 7/19/13 REVISED: 8/21/13 REVISED: 6/10/13 NOT TO SCALE 1.111,1 950 Encore Way TUSCANY POINTS CHECKED PROJECT 004.112 Naples,FL.34110 Phone (239)254-2000 EXHIBIT C-3 MAW"A.L.4L FILE ; HOLE MONIES Florida Certificate of DIOFSS.FUN96.9RIE'N!S Authorization No.1772 TYPICAL LOT LAYOUT DAZE E'"DTIT I ITE 4/13 E7fFIIBff C-b 3 Page 9of16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doc EXHIBIT D ruin THE. BOXWOOD TUSCANY POINTE RPUD LEGAL DESCRIPTION LEGAL DESCRIPTION The subject property being 29.49 30.46± acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: The north 1/2 of the south %_ of the northeast 1/4 of the southwest 1 of Section 35; plus the south 'izof the south ;i - ' •- .. , .� .. - .. of the south 1/2 - '/ - .. '. , . • - . : • , , . 26 East, Collier Couuty4lorida. Parcel 1: The South one-half(S %) of the South one-half(S "z) of the Northwest one-quarter (NW '/) of the Southwest one-quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East. Collier County, Florida. Parcel 2: The South one-half(S %z) of the South one-half(S "Z) of the Northeast one-quarter (NE 1/4) of the Southwest one-quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East, Collier County. Florida. Parcel 3: The North one-half (N %) of the South one-half(S 1/2) of the Northeast one-quarter (NE 1/4) of the Southwest one-quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East, Collier County, Florida. Page 10 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doe EXHIBIT E FOR—THE—BOXWOOD TUSCANY POINTE RPUD LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE PRIVATE ROADWAY WIDTH I . The private roadway shall have a minimum 42 foot right-of-way width. This is a deviation from the 60 foot right-of-way width specified in Section 6.06.01 of the Land Development Code. (Deviation 1) The justification for this deviation is that this right-of-way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. DRAINAGE EASEMENT WIDTH 2. Deviation 2 seeks relief from LDC Section 6.01.02.8.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. Page 11 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc EXHIBIT F FOR THE BOXWOOD TUSCANY POINTE RPUD DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. If a gate is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area shall be provi - - -- -- - • .. - - - -- proposed gate. shall be designed to allow vehicles to make a safe turn around in front of the key pad/phone box or between the key pad/phone box and proposed gate. C. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy(CO). D. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. E. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by County, shall not be eligible for impact fee credits. All required vehicular access improvements shall be in place and available to the public prior to commencement of on-site construction. F. Nothing in any Development Order (DO) shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Access points shall be determined at time of subdivision plat or SDP approval in accordance with the Collier County Access Management Plan. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such Page 12 of 16 H.\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. If any required turn lane improvement requires the use of existing County Rights-of- Way or easement(s), then compensating Right-of-Way shall be } viler conveyed by owner to County at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing,by the Transportation Division Administrator or his designee. H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign,pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer,his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the appropriate corresponding CO. No CO shall be issued for residentia - - • - - - ., t: is widened to six lanes from - - . _ .. - ' :, : _ d4GR 862). 3I. A northbound right turn lane shall be required prior to commencement of on-site construction. No other work shall be performed within the site boundaries until all development commitments have been met with regard to improvements within the public rights-of-way. No southbound left median opening shall be allowed. KJ. If the existing access bridge over the canal is widened or otherwise modified, appropriate permits shall be obtained from the South Florida Water Management District. LK. A shared access shall be provided to the property to the north. Placement of a gate on the main access roadway into this project shall be located so as to allow sufficient shared access with the adjoining project to the north. The interconnection shall be located approximately 300 feet (to centerline) from the CR 951 right-of-way, as shown on the conceptual plans. The interconnection may be less, but shall be reviewed by Transportation Staff. The interconnection shall be no less than 200 feet from the existing CR 951 right-of-way. 2. UTILITY REQUIREMENTS A. The property owner shall reserve two ar s to be- -• - •tier well casement with a dimension-410 40 feet by 40 feet for each area, and associated utility and access easements to connect them with a public right of way within this RPUD. The utility and access easements shall be 20 feet wide unless the well sites are-eent-ice public right of\ , • • - .. -• . •- . -- , . • two well fields are :_ . . ►.► 'ta - Plan. This conveyance/dedication shall occur at the ti-tnc of Site lmprovcm ! • ..; process for the--afea within the development phase that contains the asement. The proposed easement areas shall be approved by- -- - • _ • - Page 13 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc conveyed to the County Water era• , setbacks for water wells. BA. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the common property line. B- An agreement shall be enter - . . - - ,, 0 . 5 P II - -ainten . . subdivision plat. 1 0-US The developer has committed to censtru _I°. - ! ., _ •.• �.��.a, force-h using units-i-n-exchange for a d .. . _ . . _ . 54. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. At the developer's discretion, an offsite preserve may he utilized as an alternative to the recreated onsite preserve in an amount (of acres) and location approved by the Board of County Commissioners. A cross section of the optional onsite re-created preserve area, depicting topographic features, is attached as Exhibit G. 65. WALLS A. Exhibit C-2 depicts the proposed wall and landscaping buffer treatment along the north and east property lines adjacent to Vanderbilt Country Club. B. AT-he wall or fence is to be constructed along the north and east property lines adjacent to Vanderbilt Country Club shall be constructed at the curliest time possible during preparation of the site-for dev nt prior to the issuance of the first building permit. The-land-seaping shall be ins . . - - -- 'ssuancc of the first building permit. C. The wall or fence along the south north and east property lines adjacent to Vanderbilt Country Club shall be a concrete block wall, prefabricated concrete wall, or a pressure treated wood fence. Page 14 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141(8-20-2013).doc 6. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lynx Zuckerman at Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7. GENERAL A. A. one story recreational building with typical accessory recreational facilities shall be permitted. The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be. prior to sale of any platted lots or condominium units. Page 15 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc Y (A 1 1- d N m A 1 " 18 d ce ti cc co 1 3Nf7 AiN3dONd 3Nfl ALN3dO8d I!i 1hi a + N 2 o - O U ' 1 < y Z--" 112C114 — t• y q W O .i U Q 7.:11L. U + a a ce I � '� V'.\ ` .LLAi ; I 1. Q fRa '1 Q i 1 Q N CO r� d: 1 m a ZZ m N z ill {{{.._1_11, 7Qu v ,o•E, y a� Cl) 11.I I m 1 11 ` e, I P W Z W Kt LA A \/ d '1'.i d 3 *ag 1$33 1 I .of ill N1Y1A301i 1 N1,0304 I I93 E r 3 :ill Page 16 of 16 H:\2004\20041 12\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PL-2013-0141 (8-20-2013).doc iI ^p r I , ben uweol P / iw V Y 4w ! I liirnur ri ill 1 g p \ . /4* ? 1 1 1 It VI 1 MP L '. I hi I.1 illig � • ; , '1111 l •. , a g , ,. • ...... ,.. . x ,i t I 1 ! pi g . , , w i 0 ., , ! i i i; t : l .:(,_ g ,, . .,. a- -- w W x 0 m .,1 .1 ;,,: ii 1 1 i I ._. _. ... .. _w,4441 TN.space for recor• • AG EMENT AUTHORIZING AFFORDABLE-WORKFORCE HO NG DENSITY BONUS AND IMPOSING COVENANTS A RESTRICTIONS ON REAL PROPERTY THIS AGR • ENT is made as of the day of_ , 2007, by and between Home • namics Naples, LLQ (the "Developer" -nd the Collier County Board of County Commissli -rs (the "Commission"), collect :ly, the"Parties." RECITALS; A. The Developer owns a tract , real prop: y described in Exhibit "A" attached hereto and Incorporated herein (The "Prop- A ". t Is the Developers Intent to construct a maximum of 207 residential units (the " at a density of 6,97 units per gross acre on the Property. The gross acre-e of Prop: • Is 29.69 acres. The number of affordable-workforce housing units c' structed by Dev- '•er shall be 20 percent of the total number of residential Un approved In develop t orders issued for the Property. B. In order to con• uct the Units, the Developer must ob n a density bonus from the Commission fr the Property as provided for in the Collier • my Affordable Housing Density B. s Ordinance No, 90-89, now codified by Ordlna : 04-41, as Land Developm: Code (LDC) § 2,06,00 et seq,, which density bonus c. ' only be granted by • : Commission and utilized by the Developer in accordance with strict Iimitatlo.. and applicability of said provisions. C, The Commission is willing to grant a density bonus to the Develop: Page 1 of 32 4/12/06 r•-) authorizing the construction of 3,0 bonus Units on the Property, if the Developer agree- to struct Affordable-Workforce Units as specified in this Agreement, •W, THEREFORE, In consideration of the approval and grant of the :nsity bonus of • units per acre requested by the Developer and the benefit onferred thereby on the 'roperty, and for other good and valuable consideration, - receipt and sufficiency of whit q are hereby acknowledged, the Developer an. e Commission hereby covenant and . tree as follows: 1. Recitals, = above Recitals are true and cor•, t and are incorporated herein by reference. 2. Develo•e Aare: :nt-. The Develop- hereby agrees that it shall construct up to 42 units in accorda e with the ter s and conditions of this Agreement and as specified by the attached App: •Ices • B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by - :rence herein and which constitute a part of this Agreement, a, The following provisio shall be - ••licable to the affordable, workforce and gap Units: (1) Defined terms: the event of a conflict :tween terms as defined In the LDC or in Ordinance No. • —89, Section 4, the definition- ,1 the LDC will control when applying or Interpreting is Agreement, In addition to the = defined terms and the applicability of LDC • 2,06,04 "Phasing" shall mean: (a) the • lased construction of buildings or stru ••(es in separate and distinct stages as shown on • PUD master plan, subdivision m. -ter plan or site development plan; or (b) In developme s where phased constructio- is not depicted on a PUD master plan, subdivision mas plan or site develop :nt plan, the construction of buildings or structures in a clearly d- ned series of sta- : and finishes that are separate and distinct within the development, (2) Median Income. For the purposes of this Agreement, the media come the area as defined by the U.S. Department of Housing and Urban Develo. ent •P:\CPWIn■Hlstory■070529_0001\3040.07 Page 2 of 32 (HUD) shall be the then current median income for the Naples Metropolitan ' atistical • =a, established periodically by HUD and published In the Federal ' egister, as adju •d for family size as shown on the tables attached hereto as Ap• ndix A, Exhibit C, which hibit shall be adjusted from time to time in accordance any adjustments that are auth• ed by HUD or any successor agency. In the ev: t that HUD ceases to publish an establi •ed median Income as aforesaid, the P. es hereto shall mutually agree to another rea • able and comparable method computing adjustments In median income, (3) Eli•i•ili -nd • i cation o Owner amlly Income eligibility is a three- step process: 1) submittal of an : •iicatlon by : prospective Owner; 2) verification of family housing unit provided under th -ffor -ble, workforce, and gap housing density bonus program prior to being qualified a : appropriate level of income (very low, low, workforce, or gap income) in acco • ce w • this Section; 3) certification of eligible Owner by the Financial Administra '•n and Housi Department. The Developer shall •= responsible for • alifying Owners by accepting applications, verifying Inco : and obtaining income silrtlfication for all affordable, workforce, and gap units the subject development. All a•'lications, forms and other documentation requlr• • by this Agreement shall be pro •ed to the Financial Administration and ousing Department. Qualification by the Dev •per of any persons as an eligible 0 er family shall be subject to review and approval accordance with the monitorin• :nd enforcement program In LDC §§ 2,06.05 and 2,06,0, respectively, (: Application. A potential owner shall apply to the dove 'per, owner, manage, or agent to qualify as a very low, low, workforce, or gap Income 1- Illy for the purpo : of owning and occupying an affordable-workforce housing unit pursu-••t to the aff• dable-workforce housing density bonus program. The Preliminary Appllca •n for ordable-workforce housing unit shall be provided to Collier County Housing ,nd Grants Section as shown In Appendix 8, Exhibit A, attached to this Agreement a • P:\CPWIn\NIstory1070529 000113040.07 Page 3 of 32 orporated by reference herein. (b) income Verification and Certification. No affordable-workforce sing unit in ,e development shall be sold whose household income has not be verified and certifl: in accordance with this Agreement and LDC § 2.06,05, (c) 'come Verification. The Developer shall obtain writte 'erification from the potential occ ':nt (Including the entire household) to verify - egular sources of income (including the :ntire household). The most recent ye. s federal Income tax return for the potential oc• •ants (including the entire hous: old) may be used for the purpose of Income verificatlo attached to the affordabl• orkforce housing applicant Income Verification form, inclu• g a statement t• release information, occupant verification of the return, and a Si. '-ture bloc ith the date of application. The verification shall be valid for up to one ' dre' eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the formation may be verbally updated from the original sources for an additional 30 • .ys, p ided it has been documented by the person preparing the original verificat , After thi 'me, a new verification form must be completed. The affordable-w. force housing Ap• ant Income Verification form shall be provided to the Housi , and Grants Section as s •wn in Appendix 6, Exhibit B, attached to this Agreeme and incorporated by reference eln. (d) Income Ce- cation. Upon receipt of the Pr limin• + Application for an affordable-workforce ousing unit and Applicant Income Ver ation form, the Developer shall re,'ire that an Income certification form be executed ' the potential occupant (incl ng the entire household) prior to occupancy of th. affordable- workforce h• .sing unit by the occupant. Income certification shall assu that the potential • cupant has an appropriate household income which qualifies the ••tential occupa as an eligible family to occupy an affordable-workforce housing unit und• the affor• -ble-workforce housing density bonus program. The affordable-workfo e H• sing Applicant Income Certification form shall be provided by the Housing an• •:\CPW In\HIatory\070528_000113040.07 Page 4 of 32 G is Section as shown In Appendix B, Exhibit C, is attached to this Agreement an, inco • ated by reference herein. Random •pection of files containing required documentation to verify occ •ancy in accordance h this Agreement and LDC § 2,06.00, may be conducted b e Housing and Grants Sec upon reasonable notice, (4) A n =. , and Monitoring Rep The Davelo• shall provide the Housing and Grants S. Ion an annual progress and monitori . report regarding the delivery of affordable-wo orce housing units through• the period of their construction and occupancy. e annual progress an• onitoring report shall, at a minimum, provide any information =sonabiy require• • Insure compliance with LDC§ 2.06,00, or subsequent amendments ereto. Th- report shall be filed on or before September 30 of each year and the repo sh: •e submitted by the Developer to the Housing and Grants Section. Failure to co, .te and submit the monitoring report to the Housing and Grants Section within s (80) =ys from the due date shall result In a penalty of up to fifty dollars ($60.00 ,er day unles - written extension not to exceed thirty (30) days is requested p ,r to expiration of ,e sixty (60) day submission deadline. No more than one s h extension may be grant. in a single year, (5) •c •:, :::t t . : No affordable-workf• : unit in any building or structure on the Prope ' shall be occupied by the Developer, a person related to or affiliated with the De - oper,or by a resident manager. 3. De Boo: The Commission hereby acknow •ges that the Developer ha: et all required conditions to qualify for a density bonu n addition to the base r: •idential density of 4,0 units per acre, ( 3.97 units per acre Is sed of the base d= sity of 4.0 units per acre) and Is therefore granted a density bo s of 3.0 dens bonus units per acre, for a total density (total ; density bonus units pe .cre X gr, .s acreage) of 6.97 units/ac, pursuant to LDC § 2.06.00 The Commission • her greets that the Developer may construct thereon, In the aggregate a maximum nu er P:1CPW In\HlstolA07052o_0001\3040.07 Page 6 of 32 of 207 units on the Property provided the Developer is able to secure building pe It(s) m Collier County. 4. Commission Agreement. During the term of this Agr =ment, the Comm :ion acting through the Financial Administration and Housing P=partment or its successor covenants and agrees to prepare and make availa• - to the Developer any general in • ation that it possesses regarding Income II =tions and restrictions which are applicabl: • the affordable,workforce,or gap Uni 5. V • =. •1= ►• Enforcement a. Violetio It shall be a violatio of this Agreement and LDC § 2.06.00 to sell or occupy, or atte •t to sell or occ , an affordable-workforce housing unit provided under the affordable-w• orce ho ing density bonus program except as specifically permitted by the terms of th •reement; or to knowingly give false or misleading information with respect to - i •rmation required or requested by the Housing and Grants Section or by any her pers• • pursuant to the authority which is delegated to them by LDC § 2.06 •. Collier Coun 'r Its designee shall have full power to enforce the terms of thl, greement. The metho• enforcement for a breach or violation of this Agreeme shall be at the option of the ommission by criminal enforcement pursuant to t - provisions of Section 125.69, Flori• Statutes, or by civil enforcement as allowed law. b. •tice of Violation for Code Enforcement Boa Proceedings, Whenever it Is d =mined that there is a violation of this Agreement of LDC § 2,06.00, that s id be enforced before the Code Enforcement Board, then : otice of Violation sh be Issued and sent by the appropriate department by certifle• =turn- receipt r, guested U.S. Mall, or hand-delivery to the person or developer in viol- •n. The , Ice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer falls to aintain the affordable-workforce units in accordance with this Agreement or LDC § PACPW In\Hletay1070629_000113040.07 Page 6of32 •.06.00, as amended, at the option of the Commission, building permits certificates 0 occupancy, as applicable, may be withheld for any future pia :• or otherwise appr• :d unit located or to be located upon the Property until the tire project is in full complian with this Agreement and with LDC§2.06,00, as a =nded. 6. -=I• m:>< • • it -son The Commis- •n may assign all or part of its obligations un• this Agreement to any other publ agency having Jurisdiction over the Property provide• at it gives the Developer t ' (30) days advance written notice thereof. The Developer not assign, deleg= - or otherwise transfer all or part of its duties, obligations, or prom's: under this A, eement to any successor in interest to the Property without the express wri • con t of the Commission, which consent may be withheld for any reason whatsoever, ny attempt to assign the duties, obligations, or promises under this Agreement to y s, censor in Interest to the Property without the express written consent of the • •mmission • - required by this Section shall be void ab Initio. 7, S, - ail t any section, phrase, s- i tence or portion of this Agreement is for any reason held alid or unconstitutional by a court of competent jurisdiction, such portion shall b' deemed a separate, distinct, and i ,ependent provision, and all other provisions a• :II remain effective and binding on the Pa :a. 8. ► I = Any notices desired or required to be give nder this Agreement shall be in • ting and shall either be personally delivered or ah- be sent by mall, postage p,-paid, to the Parties at the following addresses: To the Commission: Collier County Housing and Gran = ,ection 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Alejandro J. Delflno Home Dynamics Naples, LLC 4788 West Commercial Boulevard Tamarac, Florida 33319 P:\CP W I n\MlstoryW70529_000113040.07 Page 7 of 32 With copy to: Richard D. Yovanovich Goodlette, Coleman & Johnson, P. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 A Party may change the address to which notices are to b; -ent by notifying the other rty of such new address in the manner set forth abov g. Authority to Monitor, The Parties hereto - - nowledge that the Collier County Finan• - Administration and Housing Depart, =nt or its designee, shall have the authority to mo •r and enforce the Developer', •bligations hereunder. 10. t de 1`. he Developer hereb =grees to protect, defend, indemnify and hold Collier County a is officers, e • •loyees, and agents harmless from and against any and all claims, pe lea, • ages, losses and expenses, professional fees, including, without limitation, re• I able attorney's fees and all costs of litigation and Judgments arising out of any aim, Iful misconduct or negligent act, error or omission, or liability of any kind ade by De - •per, its agents or employees, arising out of or Incidental to the pert• ance of this Agre: :nt. 11. Covenants. a Developer agrees that of Its obligations hereunder shall constitute covenan , restrictions, and conditions whic =hall run with the land and shall be binding up the Property and against every p: on then having any ownership interest any time and from time to time until this Agri ent Is terminated in accordance h Section 14 below. However, the Parties agree =t if Developer transfers or c- veys the Property to another person or entity, Developer all have no further obis' =lion hereunder and any person seeking to enforce the terms h eof shall look sot= to Developer's successor In interest for the performance of said obllg- ons. 2. Regordjno. This Agreement shall be recorded at County's expense i e offl• =I records of Collier County, Florida, 13. Entire Agreement, The Parties hereto agree that this Agreement P:1C PW InMHlstory1070529_000113040.07 Pogo 8of32 •nstitutes the entire Agreement between the Parties hereto and shall inure to an. be bi ng upon their respective heirs,successors,and assigns. Termination. Each affordable, workforce, or gap housing shall be restricted remain and be maintained as the required affordable, wo •roe, and gap housing as pr• •ed in the LDC§2.06.04. 15. uo•h. :t • This Agreement shall be modified o •mended only by the written agreement of b• • Parties. 16. • -c to , a. The Dev: ••er agrees that her it nor its agents shall discriminate against any owner or •tentlal owner =cause of said owners race, color, religion, sex, national origin,familial at: 8,or h' dicap. b. When the Develope - anises, sells or maintains the affordable- 1 workforce housing unit, it must adve ••e II, and maintain the same in a non- discriminatory manner and shall ma :vailable • • relevant information to any person who is interested In purchasing su, affordable-wor • e housing unit. c. The Deve •er agrees to be res• sible for payment of any real estate commissions and :5 for which It Is liable in he purchase and sale of affordable-workforce uni e. a affordable-workforce housing units s II be Intermixed with, and not segregate, rom,the market rate dwelling units in the dev: ,pment. f. The square footage, construction and design the affordable, workforce, a• • gap housing units shall be the same as market rate dw: g units in the develop t. All physical amenities in the dwelling units, as described in em number seven of the Developer Application for affordable-workforce housing De ty Bonus shat •e the same for market rate units and affordable-workforce uni For d: elopments where construction takes place in more than one phase, all ph ical menities as described in item number seven (7) of the Developer Application ,r P:\CPW in\HIstory107O529_000113040.07 Paga 9 of 32 ffordable-Workforce Housing Density Bonus shall be the same in both the , rket rate u - and the affordable-workforce units in each phase. Units in a sub- quent phase may . tam different amenities than units in a previous phase so lo as the amenities for mark- ate units and affordable, workforce, and gap units ar= e same within each phase and p •vided that in no event may a market rate unit o •rdable-workforce unit In any phase c• air physical amenities less than thos= •escribed in the Developer Application. 17. Phasing. ,e percentage of affordab workforce housing units to which the Developer has commi • for the total dev: •pment shall be maintained in each phase and shall be construct- as part of :ch phase of the development on the Property. Developer commits to 2. •=rce, affordable-workforce housing units for this project with 20 percent of the unit each phase built consisting of affordable- workforce units 18. Disclosure. The de oper sh- not disclose to persons, other than the potential buyer or lender of t . particular affo able-workforce housing unit or units, which units in the developm- t are designated as = •rdable-workforce housing units, 19. C• sis es This Agreement and a' orized development shall be consistent with the C3 ,wth Management Plan and Ian, development regulations of Collier County that : = in effect at the time of development, bsequently adopted laws and policies sha apply to this Agreement and to the develo• ent to the extent that they are not I •nflict with the number, type of affordable-workfo e housing units and the amoun of affordable-workforce housing density bonus • 'proved for the develop t. o. • sod=. 5- o Jot.- H• .=1 • Des- s B•i Dee ••u=�, .• ::u: This greement is a distinct and separate agreement from "development a. =ements" as .efined by Section 163.3220, Fla. Stat., as amended, 21. Prgaoplicatioq. Developer has executed and submitted t. the P,\CP W In\t•Natory1070629_000113040.07 Page 10 of 32 r_ Development Services Department the Developer Application for Affordable-Wor •rce 'using Density Bonus, a copy of which is attached to this Agreement as A, - =ndix C an• • orporated by reference herein. •. Governina Law, This Agreement shall be governed by d construed In accordanc= Ith the laws of the State of Florida, 23. ;L. her Assurances. The Parties hereto shat :xecute and deliver, in recordable form ecessary, any and all documents, • ificates, instruments, and agreements which m- be reasonably required in or• to effectuate the Intent of the Agreement. Such doca • ants shall Include b not be limited to any document requested by the Develo• to exhibit th- this Agreement has terminated in accordance with the provisions • •aragrap, 4 above. IN WITNESS WHEREOF, th= •• les hereto have caused this Agreement to be executed as of thie.siay and year firs . •• e written. ATTEST: •- , BO 'D OF COUNTY COMMISSIONERS DWIGHT E. BROOK,Clerk COLL R COUNTY, FLORIDA . /LA•A,..:..: ,fir I�....r/Ii.r_ ! Attes s i:c Oa lrrysn ' •uty Clerk By: J.r;E COLETTA, CHAIRMAN . sign.:•.,.. . ,:,•' - Approved a o form and legal sufficiency: Mari• :4•. Student-Stirling As -tent County Attorney P;\CP W Mwletorylo7os29_0001%3040.07 Page 11 of 32 DEVELOPER; Home Dynamics of Naples. C 4788 West Cpmi r T Tamarac,I tcrc$% S1f ( ,- Wftn - • ...� a� DAVID ote.X. MA;v " ,said mOi►l A .) . 1. -17 Witness By:Print ed Name AVou T' ,vd . Title: 6 ifx 411,1•Poi faru4 s is By .-� re (4-. n t e d Name t l i t r • G•/J ow. Ti : "-Pt olc3 ("1"1®rnrtf r STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement • orizing Affordable,Wo i orce, and Gap Housing Density . Bonus And Imposing Co -nants And Restrictions On R= Property was acknowledged before me by •• -s7.. as %.. .. • • . �. (Oro _personally nown to rr or has produced as Identification. WITNESS in , . and official seal this_ day of If Z , •• Ab , lilt 4166 Notary •lIo ii. ..•..•.,.• . oerieiwa .4" -.Incausso My • •mmission Expires; 02 22.9�R Ilt; ,._: •D° .NI EXHIBIT A HDrhn:Uwra:pIyoans ri atllno:000U n,Ma:MIc(.soll User DaN:aaved Allaehm.i*REV18EDAFFORDABLE HOUSING AOREH#IEhrf 07`ODON(1S►.CLEAN.doo Pape 12 of 31 gXHI8IT A LEGAL DESCRIPTION The subj= property being 29.69* acres Is located in Section 35 ownship 48 South, Ran! 26 East, and is more fully described as follows: The north 'of = south 'A of the northeast'/4 of the sout -et'A of Section 35; plus the south 'A • the south 'A of the northwest'/4 oft outhwest 'A, less the west 100 feet and e south 'A of the south 'A o e northeast % of the southwest 'A of Sect'. 35, Township 48 South, Ra, a 26 East, Collier County, Florida. P:1CPWIn1HIstay O70529_000113040.07 Papa 13 of 32 _\\.. APPENDIX A. EXHIBIT B AFFORDABLE•WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L I § 2.06.03, provides for calculation of a density bo - for developers pledging to •nstruct affordable-workforce units within their deve •ment. Included in this Exhibit : re instructions for and the tables with which calculate the density bonus for a pa ular project. Exhibit C contains the cur • t median Income and acceptable rents • very low, low, workforce, and gap i •me households In Collier County. The affordable-work e housing density bo r •s rating system shall be used to determine the amount of the ordable-workforc= ousing density bonuses which may be granted for a development :sad on hou= old Income level and percentage of affordable, workforce, and gap ho g units l► e development. To use the affordable- workforce housing density bonus rat sys • , Table A, below, shall be used, Table A shall be reviewed and updated If nece: - on an annual basis by the Board of County Commissioners or its designee. First, choose the household I r ome ley: very low, low, workforce, or gap)of the affordable-workforce housing unit proposed in e development, as shown in Table A. Next, determine the percent of t type of affordab workforce housing unit(s)proposed in the development compared • the total number o elling units in the development. From this determination, T ale A will indicate the ximum number of residential dwelling units per gross ac that may be added to the ba- density, These addition= residential dwelling units per gros- acre are the maximum affordable-workforce •using density bonus (AWHDB) avalla• to that development. Developments wit •ercentages of affordable-workforce hous units which fall In between the per =ntages shown on Table A shall receive an ordable-workforce housing density onus equal the lower of the two percentages It Iles b een plus 1/10th of a residentl= dwelling unit per gross acre for each additional percent: a of affordable- workforce h- sing rental units in the development. For example, a dev= •pment which has 24% • Its total residential dwelling units as affordable-workforce hous • units, and which h: an affordable housing density bonus rating of"four"will receive a =ffordable- workfo a housing density bonus (AWHDB) of 4.4 residential dwelling units ,=r gross acre r the development. in no event shall the affordable-workforce housing density bonus exceed eig (8) oiling units per gross acre. P:\CPWIn\HIstory1070529_0001\3040.07 Page 14 of 32 APPENDIX A. EXHIBIT B A�FORDABj,F-WORKFORCE HOUSING DENSITY BOJIt.S RATING SYSTEM Summary Table (1) Base density =6 units per acre. (2) Gross acreage 29,. (3) Density Bonus= 3.0 dw: ng units per acre culated as follows: One density bonus Its per acre f. 10%of the units being sold to individuals or flies ear ' g between 81%and 150%of the MI and two :nsity r i nus units per acre for 10%of the units being sol• o •ividuals or families earning between 61% and 80%oft 4 (4) The total number of units Is 20 •f whl• 21 units will be being sold to individuals or famili: earning b• ' een 81%and 150%of the MI and 21 units I be sold to in (duals or families earning between 6 0 and 80%of the , The total number of affordable unit.. or both GAP and Wo force housing is 42 units or 20' • of the total number of un • P:\CPWInWIstory10706290001\3040,07 Page 15 of 32 APPENDIX A.EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please c ulate your density bonus in the space provid below. Attach additional p •es if necessary. TABLE A: AFFORDABLE-WORKFOR HOUSING DENSITY pON S RAT MAXIMUM ALLOW . E DENSITY BONUS BY P` CENT OF DEVELOPMENT DESIGNATED ' AFFORDABLE-WO' `ORCE HOUSING Household' Product Income 10% 20% I% 40% 0% 60% 70% 80% 90% 100% (%median) 81-150% Gap MI* wr 1 2 3 5 6 6 6 6 n/a (Gap) 61-80% Workforce MI* 2 3 8 8 8 8 8 8 51-60% Low Ml 3 6 8 8 8 8 8 8 50% Very Low or leas 5 7 8 8 8 8 8 8 8 MI *Owner-occupied on **May only be use• conjunction with at least 10% at or below 80°o I Total Maximum lowable Density a Base Density+Affordable-Workfor• Housing Density Bonu In no event all the.maximum gross density allowed exceed 16 units per a• e. PAGPWIn1HIatory1070620 000113040.07 Page 10 of 32 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS jOR THE LOW AND MODERATE INCO, Pursu: Chapter 74, Section 74-402 (a)(1);Collier County Code of Laws d Ordinen -, moderate Income is 61%to 80%of the median income, lo come is 51% to 80% of t - median income and very low income is less than 50%o e median income. MEDIAN INCOME 2005 $63,300 Naples,MSA(Collier Cou UMBER OF MEMBERS IN F LY 1 � 3 4 150% 73,350 83,700 9' 00 104,70 3,10 121,50 129,90 138,15 80% 39,100 44,850 50, • 55,850 ;0,300 64,750 69,250 73,700 60% 29,340 33,480 37,68' 41,88 P 45,240 48,600 61,960 55,260 50% 24,450 27,900 31,400 4,•' • 37,700 40,600 43,300 46,050 35% 17,116 19,530 21,980 30 26,390 28,350 30,310 32,235 25% 12,225 13,950 • 15,700 50 18,850 20,250 21,650 23,026 RECO ENDED REN RATES The Florida Housing Finance ' •rporation (FHFC)cal ates rents to use In the State Apartment Incentive Loan (- IL)and the Low-Income - tal Housing Tax Credit (LIHTC)programs. The r: a given below are based on '61 data from FHFC. Utility costs are provided from e County's Section 8 Rental Assi, 2 nce Program which Is administered by the C• er County Housing Authority, H• J SING COSTS BASED ON 30%FAMILY I 'ME 0 TWO THREE F' R DROOM BEDROOM BEDROOM BE, 'OOM 4 NIT UNIT UNIT UNI 150% $1,961 $21355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60°/ $785 $942 $1,089 $1,215 5• o $654 - $785 $907 $1,012 % $458 $549 $636 $708 5% $327 $392 $453 $506 P:1CPWk►Wlstory1070020 000113040.07 Page 17 of 32 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R F• • - B/R LO, •.TION UNIT UNIT UNIT T Naples and •astal Collier Coun 71.00 91.00 128.00 , 156.00 Immokalee and Ea •f Everglades Blvd, 67.00 106,00 ,00 173.00 Golden Gate 98.00 144.00 186.00 211.00 OU MU• • .D •i. _ ITI.8 • C.y ULATE NET RENTS. IIIPPV P:ICPWWHIslw0070520 000113040.07 Page 18 of 32 APPENDIX B.EXHIBIT A ' ' "LIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUS UNIT Date • upancy Desired: Date of Application: Anent,Of Sec •eposit: Your N: ' Race/National Origin: Handiest! 'es— No Co-Tenant N 'e Race/National Origin: Hand' .p:Yes No Present Address: trect City State ip Telephone No. Name of Landlord How g at this Address: Landlord's Address: Street City s tate Zip elephone No. If you have resided at your present a.' •ss less than ears,please state previous address: Street City St Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone How long with Pres ' 'mployer: Job Title Gross Salary: Ho y$ Weekly$ Every 2 Weeks$ onthly$ Social Security bar Birth Date Previous E ' • oyers Name Address d Telephone No, How I• g with Previous Employer Job Title C• ENANT: • sent Employers Name Address and Telephone No, • How long with Present Employer: Job Title P,\CPWInIHistory1070529__000113040,07 Page 19 of 32 • •ss Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly$ Soc Security Number Birth Date Previo 'mployers Name Address an• Telephone No, How tong wit' ' evious Employer Job Title ►: u '.' • ' - - . , r. , • y . . ; u ► BIRTH DATE is Ari& '• . E ; Y 1. 2. 3. PERSONAL REFERENCES Qto I. Name: A, ass: How Long Known: 3r2. Name: Ad. s: How Long Known: P:1CPW In Wlelory 1070529_0001'.3040.07 Page 20 of 32 APPENDIX Bk.EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICAT D< Apple nt's Name: Social Security Number Co-Tena ' Name: ; Social Security Number Present Addr• _; •eet City State Zip Telephone No. I hereby make ap, cation for a single family unit at I hereby declare and cal all of my sources of income. I am aware that to leave t, omit or fail to report my use or forms of income from pensions, stocks, bonds, real pro. rent, sale or ownership i fraudulent act punishable by law. Knowingly falsifying infomtat 4 on this form is cause .r refusal of occupancy. I hereby certify that this will be permanen sidence and that I have no other assisted housing. I understand that this information is for .ro purpose of computing my annual income to determine my qualification to buy an aff- •a: workforce, or gap housing unit. I understand that I am not required to surrender owners • or rights or claimed property, pensions or capital gains,etc. L an Co-Occnaant Amount Fre• oncy Amount Frequency Received of Pa Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ Commissions Interest Income $ $ $ $ Trust Fund Inc. e $ $ $ $ Unemploym $ $ $ $ Workman'• ompensation $ $ $ Welfare $ $ $ Food S ps $ $ $ $ Soci: county $ $ $ $ So '. Security Disability $ $ $ $ S •plemental SSI $ $ $ $ amily Assistance $ $ Child Support $ $ $ $ Veterans Benefits P:1C P W In%Hlutory\070020_000113040.07 Page 21 of 32 Wi'•ws Benefits $ $ $ $ Union 'ension $ $ $ $ Self-Em. •yment Business, Silent P: •r,cto. $ $ $ Private Insure e Pension $ $ $ $ TOTAL ANNUAL `COME $ $ THE VERIFICATION c ' REQUESTED MAY TAKE THE FORM - THE MOST RECENT YEAR'S INCOME TAX TURN FOR EACH OCCUPANT W ' HAS FILED AND WILL OCCUPY THE AFFORDABL' ORKFORCE,OR GAP UNIT. THE SAME MUST BE EXEC • I FOR EACH OCCUP OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNU• • OUSEHOLD INCO FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCO I L RESULT DISQUALIFICATION FOR TENANCY IN AFFORDABLE,WORKFORCE,OR 0 "' HOUSING • P:1CPWInWlstory070529 000113040.07 Page 22 of 32 APPENDIX BCEXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFIC• ON AP' CANT: Present E oyer: Job Title: Address: Street City Stale Zip I, ,hereby authorize the ease of information requested (Applic 't) on this certification form. Signature of Applicant STATE OF FLORIDA ) )SS COUNTY OF COLLIER) The foregoing was acknowledge. •fo e by Who is personally known to me or has oduced as identification, Witness my hand and of al seal this • of ,2007, (notary seal) Notary Public My Commission Expir P:\CPWIn H etory1070529 000113040.07 Page 23 of 32 MPLOYER CERTIFICATION Ap ' ant's Cross Annual Income or Rata or Pay: $ Number , Hours Worked(Weekly): . Frequency of Pay: Amount of 13• sea,Tips,or other Compensation Received: $ $ Monthl Annually Supe sor STATE OF FLORIDA ) )88 COUNTY OF COLLIER) The foregoing was acknowledged . ore me b Who is personally known tome or h 'rod -d as identification. Witness my hand and official seal this - day of ,2007. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQ '• ED MAY TAKE THE FORM • THE MOST RECENT YEAR'S INCOME TAX RETURN FOR • OCCUPANT WHO HAS FIL c AND WILL OCCUPY THE AFFORDABLE-WORKFORCE . P:\CPWIn HIetory 070520_0001\3040.07 Page 24 of 32 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFO HOUSING DENSITY BONUS Pursuant • LDC § 2.06.01 please complete this form and submit i ith any accompanying documentati• to the Community Development & Environmental ices Division, 2800 North Horseshoe Drive, apses, Florida 34104, A copy must also b • ovided to the Collier County Housing and Grants S- on. All items requested must be •vided, I. Please state what zoning ." tricts are proposed • the applicant,if any,on the property and the acreage of each;PUD. 29,69 acres 2, Has an application for rezoning b• re• meted in conjunction with the affordable,workforce and gap housing Density bonus? X Yes No If yes,state date of application Filed i,' ally in 2Q05 'd resubmitted as Affordable 6/2006 and if the request has been approved,state th. ' dinance number 3. Gross density of the pro, ed development,122 unit. ore. Gross acreage of the • 'posed development.29.69 acres. 4. Are affordable-wo force housing density bonus units sought ' conjunction with an application for a plann. - unit development(PUD)? X Yes If yes,please state e and location of the PUD and any other identifying ormation.The Boxwood RP L lo e• '• n•rt .es •: _ • i• • ownsh'+ 4: t an e 6 approximatel /2 mile east of the intersection of Collier Boulevard(CR-9511 and •mokalee Road ICR-846), 5, e of applicant Home Dmmics I apley.LLC Name of land developer if not the same as Applicant:Same PACPWIniletoryW70629_0001%3040.07 Page 25 of 32 Please complete the following tables as'they apply to the proposed devclopm- . P:ICPWIMHi3tory1070829_0001 3040.07 Page 26 of 32 LE I Total Number of Units in Development Typ- •f Owner nit Rental Occupied Efficient One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL 207 TABLE II t .lib • 1• • . • :• .s'n! • .= Total Number Proposed Use for Affordable-Wor Density Bonus Units force Units in Develop t • er Owner Ogcuoied .en : Occupied GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 10%of approved clqnsity if base density is exceeded 3 Bedro Oth ' I TAL 10%of approved density All (if base density is exceeded) P:I CPWIn\Hlslory\070529000147040.07 Page 27 of 32 11- ORCE INCOME 61-: , ' o MI ciency 1 Bed • 2 Bedroom 10%of approyecl density (if base density is exceeded) 3 Bedroom Other TOTAL t 0, . (t use density is ex ded) LOW INCOME 51-60%MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOM 50%OR LESS MI Efficiency 1 Bedr. 2 B room edroom Other TOTAL 0 0 PACP W WHIstory1070529_0001a7040.07 Page 28 of 32 7. •lease provide a physical description of the affordable-workforce units by type • unit(very low incs ' e, low income, workforce income, gap income) and by number of . .rooms. Include In your d ription, for example, the square footage of each type of , floor coverings used throughout • unit(carpeting,tile, vinyl flooring);window treatm s;appliances provided such as washer/dryer, ' hwasher,stove,refrigerator; bathroom amen es,such as ceiling exhaust fans; and any other amenit as applicable. Attach additional p. • •s as Exhibit"D"if needed. All homes in the Boxwoo' 'UD,including the homes .erved for affordable-workforce income purchasers,will char= any common feature OUTSIDE Mediterranean S-Style cement tile roof Brick paver driveway,walkway,pore pati Covered entry • Covered patio Professionally landscaped, y sodded homesite Stucco exterior with skip owel finish&decorative bands New hurricane code c, struction Built to now Florl' •ullding codes Hurricane shutt : on all exterior windows&sliding glass doors Raised pane eel garage door,pre-wired for door opener Coach Ii:: at garage White ectroplated aluminum window frames with screens Six .anel entry door nted stucco soffits eatherproof GFI electrical outlets Two hose bibbs P:ICPWIniHIatory1070529 000113040.07 Page 20 of 32 Ten year structural warranty 'te treated foundation Steel • forced concrete foundation INSIDE 13"X 13"Ceramic - flooring in kitchen,baths&foyer in choice of c- .11 Upgraded stain-resistant • y•eting in choice of colors Upgrade 7/16"6 lb,density p ,ding High-efficiency central air condit ing&heating system w' programmable thermostat Air conditioned laundry area with cc ie flooring&co' anient vinyl shelving Full size washer&dryer 40 gallon double element,quick recovery,en- icient water heater Front door chime Two Panel with inset arch interior doors : upgrad thumb--latch handle set at entry door. Raised panel bi-fold doors on closets Walk-in closets in all master bedroo s with A/C vents Ventilated shelving in all close Energy-efficient R-19 ceilin: aulation Colonial baseboards thro out Smoke detectors Marble window 811 All bedrooms ving room pro-wired for cable All bedroo wing room&kitchen pre-wired for telephone Pre wire. or ceiling fans in all bedrooms&living room Circu .makers CHEN P;\CPWInaHlsloryW70528_000113040.01 Page 30 of 32 18 cubic foot frost free refrigerator equipped with icemaker '"self-cleaning oven range with four burners Built , microwave with hood light Multi-cy dishwasher Choice of w e or bisque appliances Stainless steel ', We basin kitchen sink Food waste dispose European-style upper ower cabinetry with easy-care m" counter tops Pantry for added storage Breakfast area in selected mo' a 13"x 13"ceramic tile flooring BATH Shower stall with clear glass enclo - in m er bath Decorator faucets in all baths Elongated commode in all b• 13"x 13"ceramic tile fl. 'ng 6"x 6"ceramic tile o• alls in the wet areas Medicine cabinet' master baths 42"high mirro n all baths Decorator li' ting Mica va with drop-in porcelain sinks in baths Felt, u es may vary depending on home selection. Builder reserves the right t .ubstitute ipment, materials and appliances, Features,specifications,dimensions,deal. ; and prices subject to change without prior notice, P:1C P W I nlHlstay1070529_00013040.07 Page 31 of 32 he homes reserved for affordable-workforce housing purchasers will be two and thre b= earn,two bath units in multi-family buildings. Each home will be owned by t puroh cr. All of the : wood homes will have periodic exterior painting provide, .r by the Boxwood Community A •ciation.The monthly homeowner's fee will also co •r the cost of basic cable television se ,common areas and a community caban: •ath and pool area,where residents and guests m im or just relax.The monthly fe= as not yet been finally determined,but is anticipat- to be approximately$180 , month. 8. Please supply any other informati• which would r'.:onably be needed to address this request for an affordable,workforce,and gap ho ' g den:' bonus for this development. Attach additional pages if needed. P,1CPW InWilstory\070629_0001%3040.07 Page 32 of 32 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-53 which was adopted by the Board of County Commissioners on the 24th day of September, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of September, 2013 . DWIGHT E. BROCK �vtR Clerk of Courts nci .ca ..C "4r'k Ex-officio to ,No&r-d. of County Commissioners X6itt --- By: Martha Verg. . Deputy Cler