Ordinance 2003-05ORDINANCE NO. 03- 0 5
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE
COLL1ER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBEREI~
1612S; BY REZONING FROM "A" AGRICULTURAL (8± ACRE.q~'~
AND FROM HABITAT PLACE PLANNED UNIT DEVELOPME~,.~
(PUD) (20+ ACRES) ZONING DISTRICTS TO CHARLEE ESTATF~, ~ ~'~
(PUD) TO ALLOW A 124 LO~,~
PLANNED
UNIT
DEVELOPMENT
SINGLE-FAMILY SUBDIVISION THAT WILL BE DESIGNED
ACCOMMODATE LOW INCOME HOUSING UNITS; APPROVII~3~
AN AFFORDABLE HOUSING DENSITY BONUS AOREEME~I~.~
AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABE]g-~ c.~
HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF :~'n co
UNITS AT 1.37 BONUS DENSITY UNITS PER ACRE) IN THE
DEVELOPMENT OF THE SINGLE-FAMILY RESIDENTIAL
DWELLING UNITS FOR VERY LOW-INCOME RESIDENTS FOR
PROPERTY LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI
TRIAL EAST, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.462+
ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Kenneth E. Griffith, of Johnson Engineering, Inc., representing Habitat Humanity of
Collier County Inc. as partial owner and contract purchaser, petitioned the Board of County
Commissioners, in petition number PUDZ-2002-AR-2965, to change the zoning classification of the herein
described real property and to approve the affordable housing density bonus agreement authorizing a
density bonus of 1.37 units per acre for a total of no more than 39 density bonus units.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE:
The zoning classification of the herein described real property located in Section 12, Township 51
South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural (8± acres) and from
Habitat Place Planned Unit Development (PUD) (20+ Acres) to Planned Unit Development (PUD) in
accordance with the Charlee Estates PUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map numbered 1612S, as described in Ordinance Number 91-
102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
The Affordable Housing Density Bonus agreement, attached hereto as Exhibit "B," authorizing a
density bonus of 1.37 units per acre for a total of no more than 39 density bonus units is hereby approved
and adopted as if fully set forth herein.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~/-~ day of ,.TOJ30OCc/ ,2003. '
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Approved as to Form
and Legal Sufficiency
Patrick G. White,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the
S_ecretary of ~tate's Office the
Oar of-Y ry,
o~ ~wledgement of that
fili~ ~eived this ~ dcy
Oepu¢~ Cl~rk ~
PUDZ-2002-AR-2965/KD/sp
Attachments: Exhibit A, PUD Document
Exhibit B, Affordable Housing Density Bonus Agreement
Community Development and Environmental Services Division
CHARLEE ESTATES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS' AND SUPPORTING MASTER PLAN
GOVERNING CHARLEE ESTATES,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11550 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34113
PREPARED BY:
KENNETH E. GRIFFITH, AICP
JOHNSON ENGINEERING, INC.
2158 JOHNSON STREET
FORT MYERS, FLORIDA 33901
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
-o5
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section 1I
Section
Section IV
Section V
Legal Description, Property Ownership and General Description
Project Development Requirements
Residential Development Standards
Common Areas / Recreation Areas
General Development Commitments
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LIST OF EXHIBITS AND TABLF~q
EXHIBITS:
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Location Map
Boundary Survey
Aerial Photograph
PUD Master Plan
STATEMENT OF COMPLIANCE
The development of approximately 28.4+ acres of property in Collier County as a Planned Unit
Development to be known as Charlee Estates PUD will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan. The residential and
recreational facilities of Charlee Estates PUD will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
The subject property for development is within the Urban Mixed Use District/Urban Coastal
Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map as
required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE).
The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable forthcoming land
development regulations as set forth in Objective 3 of the Future Land Use Element.
The project development is consistent with and furthers Policy 5.5 of the Future Land Use
Element in that it utilizes existing land zoned for urban intensity uses and avoids opening up
new areas to development.
The project is proposed to be an affordable housing, single-family residential development.
The Density Rating System of the FLUE provides for 3 dwelling units per gross acre when a
proposed project is within the Traffic Congestion Boundary, as depicted on the Future Land
Use Map. An Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property is adopted by reference. Although only 1.37
dwelling units per gross acre density bonus is being utilized, the Project being 100% very
low income housing is eligible for 8 dwelling units as a density bonus (refer to Appendix
"C" in Exhibit E). This density bonus of 1.37 dwelling units per gross acre added to the base
density of 3.0 dwelling units per gross acre provides for a gross project density of 4.37
dwelling units per acre. The proposed density of the Charlee Estates PUD is 4.37 units per
gross acre, which is less than what is provided for in the FLUE Density Rating System.
Therefore, the project density of 4.37 d.u.'s per acre is in compliance with the Future Land
Use Element of Growth Management Plan based on the preceding criteria. The density is
broken down as follows:
Base Density -
Traffic Congestion Area Deduction -
Density Bonus -
Total
4.00 d.u.'s
-1.00 d.u.'s
3.00 d.u.'s
1.37 d.u.'s
4.37 u.p.a.
All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of Charlee Estates PUD.
1.2 LEGAL DESCRIPTION
A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier
County, Florida, being more specifically described as follows:
Commence at the intersection of the South line of Section 12, Township 51 South, Range 26
East, Collier County, Florida, with the Southwesterly Right-Of-Way line of State Road No.
//90 (U.S. Route 41, Tamiami Trail), for a Point of Beginning; thence nm North 54° 21' 00"
West, along said southwesterly right-of-way line, a distance of 1000.00 feet; thence nm
South 35° 39' 00" West, a distance of 400.00 feet; thence nm North 54° 21' 00' West and
parallel with said southwesterly right---of-way line, a distance of 500.00 feet; thence nm
North 35° 39' 00" East, a distance of 400.00 feet to an intersection with said southwesterly
right-of-way line; thence nm North 54° 21' 00" West along said southwesterly fight-of-way
line, a distance of 500.00 feet; thence nm South 35° 39' 00" West, a distance of 1,439.79
feet to an intersection with said south line of Section 12; thence North 89° 54' 00" East along
said south line of Section 12, a distance of 2,464.36 feet to the said Point of Beginning.
Containing 28.462 acres of land, more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Habitat for Humanity of Collier
County, Inc., whose address is 11550 Tamiami Trail East, Naples, Florida 34113 and
Stephen Agoston, Trustee, whose address is 8596 Wyatt Road, Broadview Heights, Ohio
44147. Habitat for Humanity of Collier County, Inc. has a contract to purchaser the Agoston
property upon approval of the PUD Amendment to add the Agoston property.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the South 1/2 of Section 12, Township 51 South, Range 26
East, Collier County, Florida. It is situated on the southwest side of Tamiami Trail East,
approximately 3 miles east of S.R. 951, immediately across the street from Joseph Lane and
adjacent to First Haitian Baptist Mission. The zoning classification of the subject property
prior to the date of this approved PUD Document was "PUD"- Planned Unit Development
and "A"-Agrieulture.
1.5 PHYSICAL DESCRIPTION
The Development property is located in the South half of Section 12, Township 51 South,
Range 26 East. The proposed Project site is presently undeveloped, but has been utilized in
the past for row-crop agriculture. Historically, timbering and cattle grazing have occurred on
the property. The majority of the property's jurisdictional wetlands have been infested with
the exotic species Melaleuca, Brazilian pepper, and downy rosemyrtle. The property is
generally without topographic relief, with elevations ranging from 5.0' to 5.3' above mean
sea level. Approximately 33 percent of the site contains areas of jurisdictional wetlands
which are characterized as transitional wetlands in which the predominant vegetation is a
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mix of pine and cypress and associated upland and wetland plants. The water management
system consists of approximately 14:1 acres of open space which will receive runoff from
structures, roads and parking areas. Runoff is collected by catch basins and culvert systems
for conveyance to water management detention areas for water quality treatment, with the
proposed outfall to be at the Project's southwest comer into an existing ditch which connects
to the U.S. 41 Swale No. 10utfall Basin Canal, with ultimate outfall to MacIlvane Bay. The
allowable offsite discharge shall be limited to 0.15 cfs/acre per Collier County design criteria
for U.S. 41 Swale No.10utfall Basin Canal. The minimum elevation for centerline of road
was set for the 25year year, 3-day storm event, which was found to be 7.70 feet NGVD. The
controlled perimeter of the water management system will be maintained at an n elevation of
8.00 NGVD. The minimum floor elevation for buildings was set for the 100 year, 3-day, 0
discharge, storm event which was found to be 8.40 feet NGVD. The entire site is in Flood
Zone AE-7 according to Firm Map 120067-620D-1612S.
1.6 PROJECT DESCRIPTION
The Charlee Estates PUD shall be a 124 lot detached single-family residential development
for low-income families. The developer will provide recreational opportunities on-site to
serve the residents of this project only. The recreational opportunities will consist of, but not
be limited to, playground equipment and picnic facilities.
Access to the property will be from U.S. 41. Each residential unit will be served with
centrally provided potable water, sanitary sewer, electric power, and telephone. Additional
services will be provided as deemed appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Charlee Estates Planned Unit Development
Ordinance."
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
PURPOSE
The purpose of this Section is to delineate and generally describe the Project plan of
development, relationships to applicable County ordinances, the respective land uses of the
Charlee Estates PUD Development, as well as other Project relationships.
GENERAL
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Regulations for development of the Charlee Estates PUD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Growth Management Plan in effect at the time of building permit application. Where
these regulations fail to provide developmental standards, then the provisions of the
most similar district in the County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Charlee Estates PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
Unless modified, waived or otherwise exempted by this PUD, the provisions of all
other sections of the Land Development Code, as amended, remain in full force and
effect with respect to the development of the land which comprises this PUD.
Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan, Final Plat approval, or building permit issuance
applicable to this Development.
2.3 DESCRIPTION OF PRO~JECT PLAN AND LAND USE TRACTE
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The project Master Plan, including layout of streets and use of land is illustrated
graphically by Exhibit "D," PUD Master Plan. There shall be 124 detached single-
family residential lots, plus necessary water management areas, street rights-of-way,
the general configuration of which is also illustrated by Exhibit "D".
TABLEI
PROJECTLAND USE
TYPE UNITS ACREAG.._......__._._~.~
RESIDENTIAL 124 28.4
USE AREA
A.C. PERCENT
Water Management
(Lake Area Only) 3.15 11%
Open Space (including lakes) 16.75 60%
Impervious 14.90 52%
2.4
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Areas depicted as "Water Management Area" on the PUD Master Plan may be
constructed as wet detention areas for water management purposes. Such areas shall
be in the same general configuration and contain the same general acreage as shown
by Exhibit "D". Minor modifications to the detention areas may be permitted at the
time of Preliminary Subdivision Plat or Site Development Plan approval, subject to
the provisions of the Collier County Land Development Code or as otherwise
permitted by this PUD document.
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In addition to the various areas and specific items shown on Exhibit "D," such
easements as necessary (utility, private, semi-private) shall be established within the
development as may be necessary.
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 124 low-income residential single-family dwelling units may be constructed
in the total project area. The gross project area is approximately 28.4 acres. The gross
Project density, therefore, will be a maximum of 4.37 dwelling units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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Prior to Final Local Development Order issuance for all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County govemmental agency to ensure compliance with the PUD Master Plan and
the Collier County Land Development Code.
Exhibit "D," PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
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The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with requirements of Division 3.2 of the Collier County Land Development Code
prior to the submittal of construction plans and a final plat for any portion of the tract
or parcel.
Appropriate instruments will be provided at the time of infrastmctural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.6 ,USE OF RIGHTS-OF,WAY
All platted project streets shall be public and shall be classified as local streets.
Utilization of lands within all project rights-of-way for landscaping may be allowed
subject to review and administrative approval by the Collier County Community
Development and Environmental Services Administrator, or his designee, prior to.
installation for engineering and safety considerations.
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2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to the PUD Master Development Plan,
Exhibit "D," as provided for in Sections 2.7.3.5. and 2.7.3.5.6 of the Collier County
Land Development Code.
2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the Charlee Estates PUD.
Whenever the Developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest of all of the subsequent
purchasers of residential units or real property within Charlee Estates PUD, the Developer
shall provide appropriate legal instruments for the establishment of a property owners'
association, or master condominium association, whose function shall include provisions for
the perpetual care and maintenance of all common facilities and open spaces, subject further
to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code.
2.9 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Charlee Estates PUD.
Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, an application for clearing and filling in
accordance with Section 3.2.8.3.6. of the Land Development Code, along with plans
showing the locations and cross-sections shall be submitted to Collier County Engineering
Services for review and approval. The following standards shall apply:
A Stockpile maximum side slope: 3:1
B. Stockpile maximum height: Thirty-five (35) feet
Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level. If fill is spread to a height less than four (4) feet over residential
development areas, no fencing is required.
Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code.
2.10 REQUIRED ENVIRONMENTAL PERMITTINC
Where the development of land within the Charlee Estates PUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for development,
the Developer shall obtain such permits prior to final development order approval.
2.11 NATIVE VEGETATION RETENTION REOUIREMENTE
The Charlee Estates PUD property lies within the area designated for development pursuant
to the 1982 "Deltona Settlement Agreement." The provisions of Section 3.9.5.5. of the
Collier County Land Development Code do not apply to the development of this PUD;'
however, the Developer commits to retaining as much naturally occurring native vegetation
as practicable, subject to review and approval by Collier County staff during site plan
review.
2.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code and shall be the standards of development for the PUD
for development issues that are specifically addressed in the PUD document. Thenceforth,
development in the area delineated as the PUD District on the Official Zoning Atlas will be
governed by the adopted development regulations and PUD Master Plan. The LDC, as
amended, shall govern all development that is not specifically addressed in the PUD
document.
SECTION IH
RESIDENTIAL DEVELOPMENT
3.1 PURPOSE
3.2
The purpose of this Section is to identify specific development standards for the Charlee
Estates PUD and the land uses which may be depicted on the PUD Master Plan, Exhibit "D."
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of Development plan review, but shall not exceed 124 dwelling units.
3.3 USES PERMITTED
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:
A. Principal Uses:
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1) Single-Family detached dwellings.
Accessory Uses:
1) Customary accessory uses and structures, including, but not limited to,
private garages.
2) Swimming pools with or without screened enclosures.
3) Utility facilities and/or easements (including right-of-way easements).
4) Signage (see Section 5.10 of this document).'
5) Water management facilities.
6) Project recreation facilities.
3.4 DEVELOPMENT STANDARDS
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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. Front yard setbacks shall be measured from the adjacent right-of-way.
Homeowners' association boundaries shall not be utilized for determining
development standards.
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MINIMUM LOT AREA:
MINIMUM LOT WIDTH*:
MINIMUM LOT DEPTH:
5,500 square feet (interior lot)
7,250 square feet (corner lot)
55 feet (interior lot)
72.5 feet (corner lot)
100 feet
*Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less
than 80% of the required average lot width at the front setback line.
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MINIMUM YARDS (Principal Structures):
Front Yard: 20 feet.
Side Yard: 7.5 feet. Side yards which abut the PUD boundaries shall be 15 feet.
Rear Yard: 20 feet. Rear yards which abut the PUD boundaries shall be 25 feet.
Minimum Distance Between Structures: 15 feet.
Minimum Distance Between Principal Structure and Accessory Structure: 10
feet.
MINIMUM YARDS (Accessory Structures):
Front Yard: Same as principal structure.
Side Yard: Same as principal structure.
Rear Yard: Detached: 20 feet. Rear yards which abut the PUD boundaries shall be
25 feet.
Attached: 10 feet. Rear yards which abut the PUD boundaries shall be
25 feet.
Minimum Distance Between Accessory Structures: 10 feet.
MINIMUM FLOOR AREA: 1,000 square feet.
OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
MAXIMUM I-~IGHT: 20 feet.
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SECTION IV
COMMON AREAS AND RECREATION AREA
4.1
PURPOSE
The purpose of this Section is to set forth the development standards for the area(s) designed
as Common Areas and Recreation Area on the PUD Master Document Plan, Exhibit "D".
The primary function and purpose of these areas are to provide aesthetically pleasing open
areas, landscaping and recreational facilities, except in areas to b~ used for water
impoundment.
4.2 USES PERMITTED
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:
A. Principal Uses:
Lakes and/or Water Management Areas
Open Spaces/Nature Preserves
Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the common areas.
Tot Lots - Consisting of playground equipment (i.e., swings, picnic tables,
teeter totters, slides, etc.) for children within Charlee Estates.
Landscaped Areas for visual enjoyment.
Public or private utilities.
4.3 DEVELOPMENT REGULATIONS
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Overall site design shall be harmonious in terms landscaping and treatment of buffer
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Lighting facilities shall be arranged in a manner, which will protect roadways and
neighboring properties from direct glare or other interference.
A site development plan meeting all of the Development Regulations shall be
required in accordance with Section 2.5 of this PUD document.
SECTION V
DEVELOPMENT COMMITMENTS
5.1
5.2
PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the Project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code, Division 3.2 shall apply to this
Project even if the land within the PUD is not to be platted. The Developer, his successor
and assigns, shall be responsible for the commitments outlined in this document.
The Developer, his successor or assignee, shall follow the Master Development Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title to the
Developer is bound by any commitments within this agreement. These commitments may be
assigned or delegated to a condominium/ homeowners' association to be created by the
Developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments.
5.3 PUD MASTER DEVELOPMENT PLAN
5.4
Exhibit "D," PUD Master Plan illustrates the proposed Development and is
conceptual in nature. Proposed parcel, or land use boundaries, or special land use
boundaries shall not be construed to be final, and may be varied at any time at any
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to ensure
the continued operation and maintenance of all services and all common areas in the
Project.
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
Construction shall commence upon approval of the PUD Master Plan in the year
2003. Approximately 42 + units per year will be constructed. Development shall be
completed in the year 2006.
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code, as it may be amended.
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
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5.5 ,,TRANSPORTATION
The development of this PUD will be subject to and govemed by the following conditions:
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All traffic control devices used must be in accordance with the Standards as adopted by
the Florida Department o£ Transportation (FDOT), as amended, as required by Florida
Statutes - Chapter 316 Uniform Traffic Control Law.
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All traffic speed limit postings must be in accordance with the Speed Zoning Manual as
adopted by the Florida Department of Transportation (FDOT), as amended, as required
by Florida Statutes - Chapter 316 Uniform Traffic Control Law.
Arterial level street lighting must be provided at ail development points of ingress and
egress. Said lighting must be in place prior to the issuance of the first permanent
Certificate of Occupancy (CO).
External and internai improvements determined by Collier County Transportation staff to
be essential to the safe ingress and egress to the development will not be considered for
impact fee credits. All such improvements will be in place prior to the issuance of the
first Certificate of Occupancy (CO).
Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as
amended, and will be paid at the time building permits are issued, unless otherwise
approved by the Collier County Board of Commissioners.
Any and all points of ingress and/or egress as shown on any and ail plan submittal(s), are
conceptual in nature and subject to change as determined by Collier County
Transportation staff. The County reserves the fight to modify, or close any ingress
and/or egress location(s) determined to have an adverse affect on the health, safety and
welfare of the public. These include, but are not limited to, safety concerns, operational
circulation issues, roadway capacity problems, etc.
Any and all median opening locations must be in accordance with the Collier County
Access Management Policy, as amended, and Land Development Code (LDC), as
amended. Median access and control will remain under Collier County Transportation
staWs authority. Collier County Transportation staffreserves the fight to modify or close
any median opening(s) determined to have an adverse affect on the health, safety and
welfare of the public. These include but are not limited to safety concerns, operational
circulation issues, roadway capacity problems, etc.
Nothing in any development order will vest the right of access over and above a fight
in/fight out condition. Neither will the existence, or lack of, a future median opening be
the basis for any future cause of action for damages against the County by the
developer(s), its successor(s) in title, or assignee(s).
The development will be designed to promote the safe travel of all users including
pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from
vehicular traffic in accordance with recognized standards and safe practices, as
determined by Collier County Transportation staff.
The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost
of any and all traffic signal(s), at any and all development entrance(s), when determined
warranted and approved by Collier County Transportation staff. When warranted, upon
the completion of the installation, inspection, bum-in period, and final
approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned
over (for ownership) to Collier County, and will then be operated and maintained by
Collier County Transportation Operations. Any negotiations relevant to "fair share"
payment(s), or reimbursement(s), from any and all other neighboring
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developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be
determined based upon percentage of usage/impact.
The developer(s) must provide any and all site related transportation improvement(s)
including, but not limited to, any and all necessary mm lane(s) improvement(s) at the
development entrance(s) prior to the issuance of the first permanent Certificate of
Occupancy (CO). Said improvements are considered site related, and therefore, do not
qualify for impact fee credits. When said turn lane improvement(s), whether left mm
lane(s) and/or fight turn lane(s), are determined to be necessary, right-of-way and/or
compensating right-of-way, will be provided in conjunction with said improvement(s), as
determined by Collier County Transportation staff.
All work within Collier County right-of-way will meet the requirements of Collier
County Ordinance No. 93-64.
All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right-
of-way, will be privately maintained by an entity created by the developer(s), its
successor(s) in title, or assignee(s).
Joint/shared access(es) may be required by Collier County Transportation staff, as a
condition of site development plan approval.
Frontage, midpoint and/or reverse frontage (backside) intercormection(s) may be
required by Collier County Transportation staff, as a condition of site development plan
approval.
Prior to development of any and all portion(s) of any and all development(s), Site
Development Plan (SDP) approval must be obtained/received from Collier County
Transportation staff.
An eight foot wide sidewalk will be constructed along the south side/within the right-of-
way of US 41/Tamiami Trail between the east and west points of ingress/egress to the
development site and five foot wide intercounections provided to the internal five foot
sidewalks of the development site prior to the issuance of the first permanent Certificate
of Occupancy (CO).
5.6 WATER MANAGEMENT
5.7
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
ho
Detailed paving, grading and site drainage plans, shall be submitted to the South
Florida Water Management District (SFWMD) for the 60-day review as prescribed
by the 1982 "Deltona Settlement Agreement."
UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
ho
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
V-3
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
5.8 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
Environmental permitting shall be in accordance with the requirements of the U. S.
Army Corps of Engineers, the South Florida Water Management District, and the
1982 "Deitona Settlement Agreement," and be subject to review and approval by
Current Planning Section Staff.'
The Petitioner shall comply with the guidelines and recommendations of the U. S.
Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to "listed species." Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Current Planning Section Staff for review
and approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Current Planning Section Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development
order approval.
V-4
5.9 ,ACCESSORY STRUCTURF. g
5.10
5.11
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure. A construction site office may be constructed before any principal
structure is constructed in the project.
SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code.
,LANDSCAPE BUFFERS~ BERMS~ FENCES AND WALI,E
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Charlec Estates PUD. The following standards shall apply:
A. Landscape berms shall have the maximum side slopes:
1) Grassed berms 4:1
2) Ground-covered berms 3:1
3) All landscape buffer berms must provide 5-foot wide, 10:1 level planting area per
LDC Section 2.4.7.3.2.
Fence or wall maximum height: as permitted in Section 2.6.11 of the Collier County
Land Development Code.
Pedestrian sidewalks, bike paths and water management facilities may be allowed in
landscape buffer areas per LDC Section 2.4.7.4.3.
5.12 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place. However, Charlee Estates PUD will not have a
community recreation/public building/public room or similar common facility within the
project boundaries; therefore, a polling place is not included as part of the PUD Master
Development Plan.
V-5
P~LOCATION .....'~..~
CHARLEE ESTATES PHASE II
LOCATION MAP
Charlee Estates
PUDZ-2002-AR-2965
Exhibit A Location l~lap
Exhibit B Boundary Sur~I o~ ~
Charlee Estates
PUDZ-2002-AR-2965
Exhibit C Aerial-Photograph
Ii
./!/".,
Charlee F_qtates
PUDZ-2002-AR-2965
Exhibit D. PUD Master Plan ('~ of 2)
// /"/[~~j,
Charlee Estates
PUDZ-2002-AR-2965
Exhibit D. PUD I~aster Plan (2 of 2)
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the~-_
Twentieth Judicial Circuit, Collier County, Florida, ao ~b~
certify that the foregoing is a true copy of: ~--~
ORDINANCE NO 2003-05
Which was adopted by the Board of County Commissioners on
the 14th day of January, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th day
of January, 2003.
Clerk of Cg~.~'t~n~d
Ex-officio '~o ~oardi~0f
County Com.~[ s ~.-'oners',
By: Pat tic ia'"L~.~6r%~n,
Deputy Clerk
AGREEMENT AUTHORIZING AFFORDABLE HOUSINC=
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the ~z.~ day of .-JTO. qdo. r-~ , 2003, by and
between Habitat for Humanity of Collier County, Inc (the "Developer") and the Collier
County Board of County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns or has under contract to purchase a tract of real
property described as (complete legal description) A parcel of land situated in Section
12, Township 51 South, Range 26 East Collier County, Florida, and being more
specifically described as follows:
Commence at the intersection of the South Line of Section 12, Township 51
South, Range 26 East, Collier County, Florida, with the Southwesterly Right-of-Way lino
of State Road 90 (U.S. Route 41, Tamiami Trail) for a Point of Beginning, thence run
North 54021' 00" West alonq said southwesterly Right-of-Way line, a distance of
1000.00 feet; thence run South 35o39' West, a distance of 400.00 feet; thence run
North 54021' 00" West and parallel with said southwesterly right-of way line, a distance
of 500.00 feet; thence run North35°39'00'' East, a distance of 400.00 feet to an
intersection with said southwesterly right-of way line; thence run North 54021' 00" West
along said southwesterly right-of-way line, a distance of 500.00 feet; thence rune South
35°39'00" West, a distance of 1,439.79 feet to an intersection with said south line of
Section 12; thence run North 89054'00'' East alonq said south line of Section 12, a
distance of 2,464.36 feet to the said Point of BeRinnin.q. Containing 28.462 acres of
land, more or less. (The "Property")
It is the Developer's intent to construct a maximum of 124 residential units (the "Units")
at a density of 4.37 units per gross acre on the Property. The gross acreage of Property
is 28.46 acres. The number of affordable Units constructed by Developer shall be 124,
representing 100 percent of the total number of residential Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDC) § 2.7.7. et seq., which density bonus can only be
Page 1 of 21
granted by the Commission and utilized by the DevelOper in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 39 bonus Units on the Property, if the Developer agrees
to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and granting of the density
bonus of 1.37 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as fellows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that it shall
construct no more than 124 affordable Units which Units shall be sold in accordance
with the terms and conditions of this Agreement and as specified by the attached
Appendix A, Exhibits A, B, and C, and Appendices B & C, which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a cleady defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
Page 2 of 21
median income.
(3) Eligibility and Qualification of Occupant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective occupant; 2)
verification of family housing unit provided under the affordable housing density bonus
program prior to being qualified at the appropriate level of income (Iow or very Iow
income) in accordance with this Section.
The Developer shall be responsible for qualifying occupants by accepting
applications from occupants, verifying income and obtaining income certification for all
affordable units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the Housing and Urban
Improvement Department. Qualification by the Developer of any occupant as an eligible
occupant family shall be subject to review and approval in accordance with the
monitoring and enforcement program created and adopted by Resolution of the
Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a Iow or very Iow income family for the purpose of
owning and occupying an affordable housing unit pursuant to the affordable housing
density bonus program. The Preliminary Application for Affordable Housing Unit shall
be provided by the Housing and Urban Improvement Department as shown in Appendix
B, Exhibit A, attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC § 2.7.7.5.2.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration
of the 90 day period, the information may be verbally updated from the original sources
for an additional 30 days, provided it has been documented by the person preparing the
original verification. After this time, a new verification form must be completed. The
Affordable Housing Applicant Income Verification form shall be provided by the Housing
and Urban Improvement Department as shown in Appendix B, Exhibit B, attached to
Page 3 of 21
this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordable housing unit under the affordable housing density bonus
program. The Affordable Housing Applicant Income Certification form shall be provided
by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit
C, and is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by
the Housing and Urban Improvement Department upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban Improvement Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC §
2.7.7., or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Housing and Urban Improvement Department. Failure to complete and submit the
monitoring report to the Housing and Urban Improvement Department within sixty (60)
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration
of the sixty (60) day submission deadline. No more than one such extension may be
granted in a single year.
(5) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 3,0 units per acre, and is therefore granted a density
bonus of 1.37 density bonus units per acre, for a total (total = density bonus units .per
acre X gross acreage) of ,39 density bonus units, pursuant to LDC § 2.7.7.. The
Commission further agrees that the Developer may construct thereon, in the aggregate
Page 4 of 21
a maximum number of 124 units on the Property provided the Developer is able to
secure building permit(s)from Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC §
2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided
under the affordable housing density bonus program except as specifically permitted by
the terms of this Agreement; or to knowingly give false or misleading information with
respect to any information required or requested by the Housing and Urban
Improvement Department or by any other persons pursuant to the authority which is
delegated to them by LDC § 2.7.7.. Collier County or its designee shall have full power
to enforce the terms of this Agreement. The method of enforcement for a breach or
violation of this Agreement shall be at the option of the Commission by criminal
enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7.,
that should be enforced before the Code Enforcement Board, then a Notice of Violation
shall be issued and sent by the appropriate department by certified return-receipt
requested U.S. Mail, or hand-delivery to the person or developer in violation. The
Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC § 2.7.7., as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Page 5 of 21
Property without the express written consent of the commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission: Housing & Urban Improvement Dept.
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer: Habitat for Humanity of Collier County~ Inc,
11550 East Tamiami Trail
Naples~ Florida 34113
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Housing and Urban Improvement Department or its designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attomey's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having.any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
Page 6 of 21
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at Developer's expense in
the official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing unit designated in accordance
with this Agreement for at least fifteen (15) years from the date of issuance of a
Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may
terminate upon a date mutually agreed upon by the Parties and stated in writing. The
initial sales price and any subsequent sales price within these fifteen (15) years for any
affordable housing unit may not exceed the maximum home sales price set by the
Florida Housing Finance Corporation and adopted by the Collier County Board of
County Commissioners in the Collier County Local Housing Assistance Plan.
15. Modification. This Agreement can only be modified or amended by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the purchase of affordable units.
e. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same "for
market rate units and affordable units. For developments where construction takes
place in more than one phase, all physical amenities as described in item number
Page 7 of 21
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. 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.
Developer commits to 100-percent affordable housing units for this project, with 100-
percent of the units in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistency. This 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 this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
Page 8 of 21
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
DWL(~'HT--E, BF{o'~, Clerk
~roved as to f~rm and legal sufficiency:
Patrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
By: J ~h'¢~, -
Chairman
Page 9 of 21
DEVELOPER: Habitat for Humanity of Coollier County, Inc.
Dr. Samue~J~. Durso, M.D., President
Witnesses: (PRINT AND~IGN NAMES BELOW)
WTS~ l-Prin~d name ,
WTS. 2-Printed name /
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by Dr.
Samuel J. Durso, M.D.
WITNESS my hand and official seal this ~'t-~_ day of ,_~I~t2P~...~ ,
2003.
My Commission Expires:
Page 10 of 21
APPENDIX A~ EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTE
LOW INCOME (60% MI)
Efficiency
1 Bedroom
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
2 Bedroom
3 Bedroom
4 Bedroom
124
n/a
TOTAL !24
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
N/A
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME (25%-50% MI)
Efficiency
1 Bedroom
N/A
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development 3.0 units/acre.
(2) Gross acreage 28.46.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC § 2.7.7. is 1.37 units/acres.
(4) Gross residential density of this development (including affordable housing
density
bonus units) 4.37 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the
total number units in the development) 100 %.
(6) The initial sales price and any subsequent sales price within these fifteen (15) Years
for any affordable housing unit may not exceed the maximum home sales price set
by the Florida Housing Finance Corporation and adopted by the Collier County Board
of County Commissioners in the Collier County Local Housing Assistance Plan.
Page 11 of 21
APPENDIX At EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.7.7.3., provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and thc tables with which to calculate thc density bonus for a particular project. Exhibit C
contains thc current median income and acceptable rents for low and very low income households
in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) 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. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to determine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 12 of 21
APPENDIX A~ EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATINC
LEVEL
OF HOUSEHOLD
iNCOME
NUMBER OF BEDROOMS/UNIT
EFFICIENCY 2 3 OR
AND 1 MORE
MODERATE (OWNER-OCCUPIED,
SINGLE-FAMILY)
0 1' 1'
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR MULTI-
FAMILY)
2 3 4
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI-FAMILY)
3 4 5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
,{ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING
DENSITY BONUS RATING
% OF AFFORDABLE HOUSING UNITS
1
2
3
4
5
10% 20% 30% 40%
0 0 1 2
0 1 2 3
2 3 4 5
3 4 5 7
4 5 7 8
Page 13 of 21
APPENDIX A~ EXHIBIT C
INCOME AND RENT LEVE1,S FOR THE LOW AND MODERATE INCOME
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51%
to 60% of the median income and very low income is less than 50% of the median income.
$65,000
MEDIAN INCOME 2001
Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30o/o FAMILY INCOME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 1,218 1,462 1,690 1,884
80% 975 1,170 1,351 1,507
60% 731 877 1,014 1,131
50% 609 731 845 942
35% 426 511 591 659
25% 304 365 422 471
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd.
Golden Gate
67.00 106.00 148.00 173.00
96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS
f/densitybonus/inc&rent rev. 4/01
Page 14 of 21
APPENDIX Bt EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:
Race/National Origin: Handicap: Yes No
Race/National Origin: Handicap: Yes No
Name of Landlord
Landlord's Address:
Street City
State Zip Telephone No.
How Long at this Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City State Zip
Name of Previous Landlord
Telephone No.
Street
APPLICANT:
Present Employers Name
City State Zip Telephone No.
Address and Telephone
No.
How long with Present Employer:
Title
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Weekly $
Job
Every 2 Weeks $
Birth Date
Monthly $
Address and Telephone
No.
How long with Previous Employer
CO-TENANT:
Present Employers Name
Job Title
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $,,
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Weekly $
Job Title
Every 2 Weeks $...
Birth Date
Monthly $
Job Title
Page 15 of 21
NAMES OF ALL WHO WILL OCCUPY APARTMENT
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
BIRTH DATE SEX AGE
SOCIAL SECURITY
How Long Known:
How Long Known:
Page 16 of 21
APPENDIX B~ EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name::
Present Address:
Social Security Number
Social Security Number
Street City State
I hereby make application for a single family unit at
Zip Telephone No.
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
detemfine my qualification to buy an affordable housing unit. I understand that I am not required
to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
ADDlicant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $-- $
Tips $ $ $ $
Commissions $ $ $-- $
Interest Income $ $ $-- $
Trust Fund Income $ $ $-- $
Unemployment $ $ $-- $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $__ $~ $
Social Security $ $ $-- $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $-- $
Family Assistance $ $ $ $
Child Support $ $ $-- $
Veterans Benefits $ $ $-- $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ ~ $ $
TOTAL ANNUAL INCOME
$ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 17 of 21
APPENDIX Bt EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer: Job Title:
Address:
Street
I,
(Applicant)
on this certification form.
City State Zip
, hereby authorize the release of information requested
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
Signature of Applicant
,2003.
My Commission Expires:
Notary Public
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly): Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly
Annually
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
Supervisor
day of ,2003.
My Commission Expires:
Notary Public
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
Page 18 of 21
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC
documentation to
Horseshoe Drive, Naples, Florida 34104.
Improvement Department.
All items requested must be provided.
§ 2.7.7.2.4., please complete this form and submit it with any accompanying
the Community Development & Environmental Services Division, 2800 North
A copy must also be provided to the Housing and Urban
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
PUD, Planned Unit Development (Charlee Estates) 28.46 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
X Yes No
If yes, state date of application 08-09-2002 and if the request has been approved, state the Ordinance
number
3.
Gross density of the proposed development. 4.37 units/acre.
Gross acreage of the proposed development. 28.46 acres.
Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Charlee Estates PUD, located in the South half of Section 12, Township 51 South, Range 26 East~
Collier County, FL. Project formerly known as Habitat Place.
Name of applicant Habitat for Humanity of Collier County,/nc.
Name of land developer if not the same as Applicant: same
6. Please complete the following tables as they apply to the proposed development.
Page 19 of 21
TABLE I
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
Total Number of Units in Development
Owner
Rental Occupied
124~
124
TABLE II
MODERATE INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner Owner
Rental Occupied Rental Occupied
124
39
39
124
Total Number of Proposed Use for
Page 20 of 21
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Affordable Units
in Development
Density BOnus
Units
Rental Owner Rental Owner
Occupied Occupied
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages.
Habitat for Humanity of Collier County, Inc. builds only style house. The house is 28 feet deep by 38
feet wide with no garage or carport. The houses are for very low income families only. There are
three bedrooms and one bathroom. The bathroom has two sinks, one toilet, one tub, one medicine,
cabinet and two towel racks. The units have central air conditioning and one ceiling fan in the living
room. They are well insulated with R19 ceilings and R11 walls. There is vinyl tile floor covering,:
throughout. Habitat provides the homes with brand new WhirlpoolTM refrigerator, stove, washer and
dryer. LevelorTM blinds are standard in the bedrooms and bathroom. The houses are' wood fi'am~',
construction and vinyl siding.
Please supply any other information which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages.
Page 21 of 21