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CCPC Agenda 08/17/2017 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,AUGUST 17, 2017,IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS: A. PL20170000007: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as amended, to add 320 multi-family dwelling units in Tract B & C: multi-family residential as an alternative to commercial development on Tract B & C: commercial community; to add development standards for Tract B &C multi-family residential;to add Exhibit A-1 Tract B & C Master Plan and Exhibit A-2 enhanced Type D buffer for property consisting of 209.17± acres; located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Fred Reischl,AICP,Principal Planner] B. PUDA-PL20170001626: An Ordinance amending Ordinance No. 2005-63, as amended, the Cirrus Pointe RPUD, to reduce the minimum floor area for multi- family dwelling units, and to approve a Second Amended and Restated Affordable Housing Density Bonus Agreement to allow the Developer to have the option of constructing owner occupied units or rental units designated as affordable housing units. The subject property is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 9.92 acres; and by providing an effective date. [Coordinator:Nancy Gundlach,AICP, Principal Planner] Note: This item has been continued from the July 20,2017 CCPC meeting: C. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending: Chapter Three — Resource Protection, including section 3.05.07 Preservation Standards, to amend design standards relating to off-site preserves and to modify requirements for monetary payment and land donation off-site preserve alternatives; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy Frantz, AICP,LDC Manager] 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJORN CCPC Agenda/Ray Bellows/jmp Cor County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 17, 2017 SUBJECT: PUDA-PL20170000007: BRIARWOOD PUD PROPERTY OWNER, APPLICANT & AGENT: Applicant/Owner - Tract B & C); Lowe's Home Centers, Inc. 1000 Lowes Boulevard Mooresville, NC 28117 Contract Purchaser (Tract B & C): Boyd Land Development, LLC 2940 Bellflower Lane Naples, FL 34105 AGENDA ITEM 9-A Agents: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Robert J. Mulhere, FAICP Hole Montes Inc. 950 Encore Way Naples, FL 34110 PLEASE NOTE: Lowe's Home Centers, Inc. owns undeveloped Tract B and C of the PUD as shown on the attached aerial photo labeled "Subject Site". Other owners that are not participating in the PUD amendment include over 400 private owners. REQUESTED ACTION: The Briarwood Planned Unit Development (Briarwood PUD) currently permits residential and commercial uses (Ordinance 95-33, attached). The Applicant requests amending the Briarwood PUD document to add an alternative of 320 multi -family residential uses as a permitted use on Tract B and C, the commercial use areas, and adding specific dimensional standards. GEOGRAPHIC LOCATION: The subject property is located at the northeast comer of the intersection of Livingston Road and Radio Road. Within the Briarwood PUD, Tract B and C is 15.99 acres of the 209.17 acre PUD (see Location Map on the following page). Briarwood PUD, PUDA-PL20170000007 Page 1 of 10 August 17, 2017 CCPC Location Map i DRI MPiUD o� • I I'f c},p i;y,�ab-,. a+' °oleo m.'f^,ele.:) J Green BLVD •� z t L z PROJECT Jz 0 LOCATION J Z a DR .v Gol J en Gate P a SITE � AUDI . . cu v a LOCATION J • L N m m UD Radio RD `m 0 ly z PU J Davis BLVD III 0 C -S O CL < ❑ Q af ❑ m m m U Location Map i DRI MPiUD a • I I'f c},p i;y,�ab-,. a+' °oleo m.'f^,ele.:) J - • •� L 77 DR .v SITE � AUDI . . cu v LOCATION • L UD I PU III C -S PUD Petition Number: PL20170000007 Zoning Map PURPOSE AND DESCRIPTION OF PROJECT: The Briarwood PUD was originally approved in 1976, as a residential and commercial project. It has been amended several times over the years. The proposed amendment would add multi -family residential uses as an option to the commercial tract. An amendment that proposed private clubs and private parking garages was denied by the Board in January 2016. SURROUNDING LAND USE AND ZONING: Subject: Briarwood PUD; density: current 2.87 DU/A; proposed: 4.40 DU/A North: Golden Gate Canal ROW, across which is property zoned Estates (E); 1 DU/2.25 Acre East: Properties zoned Residential [RSF- 4(3) and RSF — 21; Estates (E), 1 DU/2.25 Acre; and Maplewood PUD, 4.0 DU/A South: Radio Road ROW, across which is Foxfire PUD; 2.43 DU/A West: Livingston Road ROW, across which are developed and undeveloped parcels; zoned Industrial (I) and commercial, zoned Lane Park CPUD (no residential component in either zoning district). Aerial Photo (COPA) Briarwood PUD, PUDA-PL20170000007 Page 3 of 10 August 17, 2017 CCPC GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY Future Land Use Element (FLUE): Based upon analysis of the proposed uses, this petition may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. Per the Density Rating System, should all Tracts SF, A, B & C be developed as residential, the project would be eligible for 5 DU/A base density (4 DU/AC, plus 1 DU/AC for roadway access) x 209.17E acres = 1045.85 dwelling units = 1,046 DUs. However, should Tracts `B" & "C" be developed commercial, the residential density would remain at 3.12 DU/A (600 DUs/A). Transportation Element: Transportation Planning staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. Conservation and Coastal Management (CCME): The proposed amendment to the PUD will have no effect on the requirements of the CCME. Briarwood PUD, PUDA-PL20170000007 Page 4 of 10 August 17, 2017 CCPC STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection, 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below. In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD Document for environmental sufficiency. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: The property is bounded on the south by Radio Road and on the west by Livingston Road. Transportation staff reviewed the PUDA and found that the Level of Service continues to be acceptable. Zoning Review: The Applicant wishes to add residential uses as an option to the existing commercial tract of the PUD. The subject site does not lie within an Activity Center, and is compatible with surrounding, approved land use. The subject property is bordered to the west and south by four lane roads and by multi -family developments to the north and east. Additionally, there is industrial zoned land further to the west. Therefore, adding 320 multi -family residential within the approved uses of the Briarwood PUD is a similar use to surrounding properties and would not adversely affect neighboring properties or developments. FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E. Lb, "a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." PUD Findings: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08." 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the addition of certain multi -family uses are compatible within the PUD. The addition will not have a major effect on traffic and other infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Briarwood PUD, PUDA-PL20170000007 Page 5 of 10 August 17, 2017 CCPC Unified control was established at the time of rezoning and continues through the present ownership 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment to add multi -family residential uses does not affect the PUD's consistency with the GMP, therefore, staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed change is to allow for the potential development of multi -family housing, where commercial development is currently designated within the PUD, adjacent to existing multi -family development. Staff believes that the approval of this amendment will not cause any compatibility issues. Additionally, the amendment seeks a deviation to reduce the landscape buffer along Radio and Livingstone roads if multi -family is developed. Staff is in support of the request since the reduction in buffer width is adjacent to arterial roadways. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Applicant proposes to add uses. Required open space of the PUD will not be affected. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is staffs opinion that the addition of new permitted uses will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The addition of the proposed permitted uses is compatible with the existing uses, as described on page 5 of this staff report. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment, with the deviation request, if approved, will be consistent with the PUD regulations. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Briarwood PUD, PUDA-PL20170000007 Page 6 of 10 August 17, 2017 CCPC 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed use is consistent with the uses in the Future Land Use Element. Staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. The proposed amendment will not substantially alter the existing land use pattern. The addition of multi- family to the southwest corner of the Briarwood Community will provide additional transition to the abutting roadways and industrial zoning to the west. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No isolated districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Staff believes that this location is appropriate for multi -family residential uses in addition to the other residential uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Multi -family and other residential uses are generally compatible with the uses in the PUD. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Transportation staff reviewed the PUD and found the Level of Service acceptable. 8. Whether the proposed change will create a drainage problem. The PUD is required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The site planning process, PUD dimensional standards, and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. Briarwood PUD, PUDA-PL20170000007 Page 7 of 10 August 17, 2017 CCPC 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Since the Briarwood PUD, as previously approved, includes residential uses, the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The remainder of the PUD has been developed within the parameters of the existing allowable land uses; however, the addition of multi -family uses to the current permitted uses will be consistent with the uses in the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other parcels in the County suitable for residential uses; however, an existing PUD, outside of an Activity Center, is deemed to be an appropriate place for multi -family residential uses. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. However, since the site is partially developed, this process will be minimal. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff who is responsible for jurisdictional elements of the GMP as part of the PUD process and staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. Briar ood PUD, PUDA-PL20170000007 Page 8 of 10 August 17, 2017 CCPC 18. Such other factors, standards, or criteria that the Board of County Commissioners (Board) shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION.• The petitioner is seeking one deviation from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit A-2. The petitioner's justification and staff analysis/recommendation is outlined below. Proposed Deviation #1: "A Deviation from LDC Section 4.06.02.C, Types of Buffers, which sets forth required buffer types and widths, to allow the required 20 -foot Type D buffer width along Livingston and Radio Roads to be reduced to 10 feet, with enhanced plantings consistent with exhibit A-2. This deviation is only applicable in the event Tract B and C is developed as multi -family. Trees and tree canopies shall not overhang into the county's road easements and slope easements." Petitioner's Rationale: A deviation from Section 4.06.02.C, of the Land Development Code, Types of Buffers, which allows the buffers along Radio Road and Livingston Road to be reduced in width while maintaining the same plantings. Staff Analysis and Recommendation: The subject reduced buffers are adjacent to arterial roads and the only affected parties will be the residents of the multi -family parcel; therefore, Planning and Zoning staff recommends APPROVAL finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community" and LDC Section 10 02 13.B.5 h, the petitioner has demonstrated that the deviation is "justified as meeting public pumoses to a degree at least equivalent to literal application of such regulations." ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require review by the EAC since the project did not meet the EAC scope of land development project reviews. NEIGHBORHOOD INFORMATION MEETING (VIM): A NIM was held on May 16, 2017 at 5:30 PM at St. Paul's Episcopal Church, 3901 Davis Boulevard, Naples, FL 34104. The NIM summary is attached as part of the back-up. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on July 19, 2017. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20170000007 to the Board with a recommendation of approval. Briarwood PUD, PUDA-PL20170000007 Page 9 of 10 August 17, 2017 CCPC PREPARED BY: 4'Z,� FRED WVHL, AICP, PRINCIPAL PLANNER DATE ZONING -DIVISION REVIEWED BY: r� RAYMONDX. BELLOWS, ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: ES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the September 12, 2017 BCC Meeting. Briarwood PUD, PUDA-PL20170000007 Page 10 of 10 August 17, 2017 CCPC ORDINANCE NO. 17 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD 320 MULTI -FAMILY DWELLING UNITS IN TRACT B & C: MULTI- FAMILY RESIDENTIAL AS AN ALTERNATIVE TO COMMERCIAL DEVELOPMENT ON TRACT B & C: COMMERCIAL COMMUNITY; TO ADD DEVELOPMENT STANDARDS FOR TRACT B & C MULTI- FAMILY RESIDENTIAL; TO ADD EXHIBIT A-1 TRACT B & C MASTER PLAN AND EXHIBIT A-2 ENHANCED TYPE D BUFFER FOR PROPERTY CONSISTING OF 209.17± ACRES; LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20170000007) WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document'); and WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Boyd Land Development, LLC has petitioned the Board of County Commissioners to amend Ordinance No. 95-33, the Briarwood Planned Unit Development, and the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO THE STATEMENT OF COMPLIANCE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Statement of Compliance, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: BRIARWOOD PUD STATEMENT OF COMPLIANCE 17 -CPS -016611110 Briamcod/PUDA•PL20170000007 7/19/17 Words strae� thfougi are deleted, words underlined are added. Page 1 of 6 Residential Project 7. The maximum density is less than 2.852.83 4.40 dwelling units per acre if developed residentially, or 3.12 dwellin4 units per acre if developed as mixed use, and is in compliance with the Density Rating System of the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space and incorporates natural features to provide a high quality of life for its residents. Commercial Project 1. The commercial portion of the project has been determined to be consistent with Policy 5.10 of the Future Land Use Element by virtue of the fact that an exemption was approved by the Collier County Board of Commissioners pursuant to the Zoning Re - Evaluation Program. Short Title This Ordinance shall be known and cited as the Briarwood Planned Unit Development Ordinance. SECTION TWO: AMENDMENTS TO THE INDEX, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Index, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: INDEX STATEMENT OF COMPLIANCE LIST OF EXHIBITS PROPERTY OWNERSHIP AND DESCRIPTION SECTION I PROJECT DEVELOPMENT SECTION II TRACT SF: SINGLE FAMILY RESIDENTIAL DEVELOPMENT SECTION III TRACT A: MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION IV TRACTS D & E: RECREATION AND CONSERVATION SECTION V TRACTS B & C: COMMUNITY COMMERICAL SECTION VI TRACT13 & C: MULTI -FAMILY RESIDENTIAL SECTION VII DEVELOPMENT STANDARDS SECTION VIl VIII LANDSCAPE DEVELOPMENT SECTION VIII IX 17 -CPS -01661/110 Bri orwood/PUDA-PL20170000007 7/19/17 Words stfe.I�ffeug; are deleted, words underlined are added. Page 2 of 6 SECTION THREE: AMENDMENTS TO PAGE ii, LIST OF EXHIBITS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Page ii, entitled "List of Exhibits," of the PUD Document attached as Exhibit A to Ordinance No. 95-33, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A Briarwood Development PUD Master Plan EXHIBIT A-1 Tract B & C Multi -Family Master Plan EXHIBIT A-2 Enhanced Type "D" b4fer-Buffer for Radio and Livingston _Roads for fe4dential Residential ffR"Multi-family ap,-�4 opmk-. nt-Development on Tracts B and C SECTION FOUR: AMENDMENTS TO SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION, SUBSECTION 1.3, PROPERTY OWNERSHIP, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section I, Property Ownership and Description, Subsection 1.3, Property Ownership, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.3 PROPERTY OWNERSHIP The Subject Property is .„ea by n r Alpine (Briar., eed in ., Florida eefporiAte and u bli Development Corperafie , ration of Ohio platted and subdivided and 3 has multiple owners. Tract `B" and "C" as shown on the Master Plan are owned by Lowe's Home Centers, Inc. I7 -CPS -01661/110 Bri"ood/PU DA•PL20170000007 7/19/17 Words s meek thfeug are deleted, words underlined are added. Page 3 of 7 SECTION FIVE: AMENDMENTS TO SECTION II, PROJECT DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section II, Project Development, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended to read as follows: 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A" and Exhibit A-1 Tract B and C Multi - Family Master Plan, u_:.,... eed Develo~...e~. Plan. There shall be ten (10) land uses, the configuration of which is also illustrated by Exhibit "A". I. Tract SF: Single -Family Residential 2. Tract A: Multi -Family Residential 3. Tract B & C: Community Commercial or Multi -Family Residential 4. Tract D: Recreation Area 5. Tract E: Conservation Areas 6. Lake Area 7. Right -of -Way 8. Future Livingston Road Right -of -Way 9. FPL Easement 10. Open Space/Buffer 89.70 acres 18.30 acres 15.99 acres 3.00 acres 7.00 acres 31.00 acres 27.00 acres 11.80 acres 2.80 acres 2.58 acres Total 209.17 acres 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 609 920 residential dwelling units, single and multi -family, shall be constructed in the total project area. The gross project area is 209.17 acres. The gross project density, therefore, will be a maximum of 2:57 4.40units per acre. 17 -CPS -01661/110 B riamood/PUDA-PL20170000007 7/19/17 Words s..-.,.'sn are deleted, words underlined are added. Page 4 of 6 SECTION SIX: AMENDMENTS TO SECTION VI, TRACT B & C: COMMUNITY COMMERCIAL, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Section VI, entitled "Tract B & C: Community Commercial," of the PUD Document attached to Ordinance No. 95-33, is hereby amended and attached hereto and incorporated herein as Exhibit B. SECTION SEVEN: AMENDMENTS TO SECTION VII, TRACT B & C MULTIFAMILY RESIDENTIAL, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section VII, Tract B & C Multifamily Residential, of the Planned Unit Development Document, attached to Ordinance No, 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein -as Exhibit C. SECTION EIGHT AMENDMENTS TO SECTION VIII, DEVELOPMENT STANDARDS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section VIII, Development Standards, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein as Exhibit D. >F � 17 -CPS -01661/110 Bria ood/PUDA-PL20170000007 7/19/17 Words struek throu are deleted, words underlined are added. Page 5 of 6 SECTION NINE: AMENDMENTS TO SECTION IX, LANDSCAPE DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 95-33, BRIARWOOD PLANNED UNIT DEVELOPMENT Section IX, Landscape Development, of the Planned Unit Development Document, attached to Ordinance No. 95-33, Briarwood Planned Unit Development, is hereby amended and attached hereto and incorporated herein as Exhibit E. SECTION TEN: —EFFECTIVE DATE 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 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: day of , 2017. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un PENNY TAYLOR, Chairman Exhibit A -1:_ -Tract B & C Multi -family Master Plan Exhibit A-2: -Enhanced Tvoe D Buffer for Radio and Livingston Roads foi Residential Multi -family Development on Tracts B and C Exhibit B• Revised Section VI Tract B and C: Community Commercial Exhibit C• Revised Section VII Tract B & C Multi-Iamily Residential Exhibit D: Revised Section VIII, Development Standards Exhibit E• Revised Section IX, Landscape Development 17 -CPS -01661/1 10 Briar ood/PUDA-PL20170000007 7/19/17 Words stru ' through are deleted, words underlined are added. Page 6 of 6 TRACT EXHIBIT A: PUD MASTER PLAN rw ipTl.=m, INAcr r. CMUNVA RON AREA ZOO Ac LAW AWA JI.DO AC Ravy-or-my 27.00 AC �1FftPAR m WIAL 209.17 AC usmmr 180 AC m PROJECT INTERCONNECT (ryp) Z101111►� i►�/ �i1►t . �. L-4 1 TRACT B & C 4 TRACT A L -I •�atx `irrs-� +fVC., as TRACT A mor f -1/a MAR WOOD GAUD o oodoo A PARCEL IN SECTION 31, T 49 S, R 25 E, COLLIER COUNTY, FLORIDA RE -SUBMITTAL PDI -2003 -AR -4061 PROJECT # 19990137 DATE- 7/29103 KAY DESELEM L TRACT P LAND USE AREA (AC) PERCENTAGE �e PRESERVE AREA 1 87.99% �I In I I jw a l VE TRACT D 'o F.. a t o.lowc> s RECREATION 0.63% IaNm -- 100.00% // 10.0' BE P.B. 17 PG. 24 O.R. 2445 PG. 3125 15.0'CUE 1 m I I BUFFER EASEMENT O.R. 2692 PG. 1083 ROAD, SIDEWALK, P.B. 17 PG, 24 I o 7 p II I PARCEL 9020T UTILITY DRAINAGE AND VACATED PER RESOLUTION 201549 1 MAINTENANCE EASEMENT PLATTED 'q -- ? I (P II III m O.R. 5128 PG. 277 1 O.R. 2445 PG. 3125 In 1 TRACT C-1 ]I O.R. 2692 PG. 1083 III 1 ul ISI CLUBHOUSE& I III RECREATION I .9 EASEMENT FOR ROAD, 11 DRAINAGE, UTILITY 0.90 ACRES II 10'TYPE"D" iIL___ ____________ __SII ENHANCED BUFFER I w n I AND MAINTENANCE - ---il I I PURPOSES, O.R. 2681 PG. 2741 ------ --------------- o S I PARCEL 1026 o�oa Ill =� l LAKE © lo' TYPE "D" ' 0.92 ACRES Q I ENHANCED BUFFER PLATTED TRACT B-1 MULTI -FAMILY SITE SUMMARY - MULTI -FAMILY ONLY 1 LAND USE AREA (AC) PERCENTAGE MULTI -FAMILY 14.07 87.99% CLUBHOUSE/RECREATION 0.90 5.63% LAKE 0.92 5.75% PRESERVE 0.10 0.63% TOTAL= 15.99 100.00% 10' TYPE "A" BUFFER �TRACTBOUNDARY 4 1 �1 PL '04 MULTI -FAMILY - 320 UNITS 1 ; ' z 3 tO.P WIDE SLOPE, UTILITY AND 14.07 ACRES j I MAINTENANCE EASEMENT O.R. 2445 PG. 3125 15.0'CUE 1 O.R. 2692 PG. 1083 ROAD, SIDEWALK, P.B. 17 PG, 24 I o 7 p II I PARCEL 9020T UTILITY DRAINAGE AND VACATED PER RESOLUTION 201549 1 MAINTENANCE EASEMENT PLATTED 'q -- ? I (P II III m O.R. 5128 PG. 277 1 O.R. 2445 PG. 3125 In 1 TRACT C-1 ]I O.R. 2692 PG. 1083 III 1 ul LAKE I III PARCEL 102A 1 I Ij 01 jll III 10'TYPE"D" I II 10'TYPE"D" iIL___ ____________ __SII ENHANCED BUFFER I I `E NCE D BUFFER- - ---il ------ ------ --------------- L- L 25.0' ROAD, UTILITY AND DRAINAGE EASEMENT O.R. 1502 PG. 865-667_ C.R. 856 RADIO ROAD PR.1zP6za--- 150'ROW A.1 - TRACT B & C DEVIATION L FROM LDC SECTION 4.06.02 C, TYPES OF BUFFERS, WHICH SETS FORTH REQUIRED BUFFER TYPES AND WIDTHS, TO ALLOW THE REQUIRED 20' TYPE D BUFFER WIDTH ALONG LIVINGSTON AND RADIO ROADS TO BE REDUCED TO 10, WITH ENHANCED PLANTINGS CONSISTENT WITH EXHIBIT A-2. THIS DEVIATION IS ONLY APPLICABLE IN THE EVENT TRACT B & C IS DEVELOPED AS MULTI -FAMILY. TREES AND TREE CANOPIES SHALL NOT OVERHANG INTO THE COUNTY'S ROAD EASEMENTS AND SLOPE EASEMENTS. LEGEND INGRESS \ EGRESS sso E,m.wm MASTERPLAN -� e.rts�, Naples. FL.3N10 BRIARWOOD �- FT,a..re�wes+-moo FOR MULTI -FAMILY ONLY aaaawmmn HOLE MONTES Finaaa W1w 2 -mow-. -.- .• PUD a ,......,. �.."a Fri mm��mrw.mz F..XIi1BIT A.I proposed mix of large and medium sized native canopyfunderstory bees and palms to be planted on average of 25 on center. Canopy trees to be a minimum of 3' caliper and 10' ht and understory trees to be a minimum of 2' caliper and 8' ht. at time of planting. Decorative fence With climbing Vines planted e' on center.'f •tea, '. I t • �� A continuous undulating '� e double hedgerow spaced Ton center. Plantings shall be 3 gallon and at least 24' in i height at the time of planting for first rota hedges (closest to I '• fir. the ngMvf-way) and 4 gallon and at least 24" in height at I w'hy -dam Z'• the time of planting for the i second row of hedges. Remaining buffer area to _tui consist of medium native — WIDTH �— 10' COUNTY RD. 10' ENHANCED VARIES OR COUNTY SLOPE E'D' BUFFER EASEMENT ENHANCED TYPED' BUFFER SECTION SCALE: 1/4"=1'-0" EXHIBIT A-2: ENHANCED TYPE "Drr BUFFER FOR RADIO AND LIVINGSTON RD. FOR RESIDENTIAL MULTI -FAMILY DEVELOPMENT ON TRACT B & C `iiie/ Trees: Large e.g. Live Oak, Mahogany 0 Trees: Medium to Small e.g. Dahoon Holly, Sabal Palm, Simpson Stopper ENHANCED TYPED' BUFFER PLAN SCALE: N.T.S. EXHIBIT B SECTION VI TRACT B & C: COMMUNITY COMMERCIAL 6.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" as Tract B & C, if developed as commercial with no residential uses.ty Gommner-e . Tract B & C shall either be developed as multi -family residential pursuant to Section VII and Exhibit A-1 and A-2 or as commercial pursuant to Section VI. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses if Tract B & C are developed solely as commercial: (1) Restaurants—No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages, no drive- ins, subject to the provisions of the Collier County Land Development Code. (3) Retail shops, shopping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. (4) Financial institutions. (5) Golf driving ranges. (6) Professional, business, financial, utilities offices and services. (7) Medical offices and clinics — for humans. (8) Barber and beauty shops. (9) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and self-service laundry. (11) Retail bakeries. [17 -CPS -01661/1347111/1163 7/10117 Words struek Offeugk are deleted, words underlined are added. 1.7 C. 6.3 (12) Tailoring, millinery, garment alteration and repair. (13) Museums. Accessory Uses: (1) Accessory uses and structures, customarily associates with the uses permitted in this district. (2) Signs as permitted by County Ordinance. Conditional Uses if Tract B & C are developed solely as commercial: The property may be used for the following conditional uses subject to 2.7.4, Conditional Use Procedures of the Collier County Land Development Code: (1) Transient lodging facilities with a minimum of twenty (20) dwelling units. (2) Schools and Colleges. (3) Private Clubs, subject to the provisions of the Collier County Land Development Code. (4) Motion picture theaters and live theaters — no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County Land Development Code. REGULATIONS 6.3.1 Minimum Lot Area: None 6.3.2 Minimum Lot Width: None 6.3.3 Minimum Yards: A. Radio Road Frontage — Twenty-five (25) feet measured from the North boundary of Radio Road right-of-way which shall be the Radio Road right-of-way as of January 1, 1975, long with twenty-five (25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures and the first fifteen (15) feet north of the new right-of-way shall be landscaped green belt. B. Tract boundary lines and dedicated roads other than Radio Road — twenty- five (25) feet, (no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) feet). C. Separation between structures — one-half (1/2) of the sum of the heights of the structures. t I7 -CPS -01661/1347111/1163 7/10/17 Words stmek thre"g" are deleted, words underlined are added. 6.3.4 Minimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5 Maximum Height: 30 feet above finished grade. 6.3.6 Maximum Floor Area: Twenty percent (20%) of Commercial land area. 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading shall conform to the requirements of the Collier County Land Development Code. 6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road — twenty-five (25) feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. The additional right-of-way (twenty-five (25) feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 6.6 ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from Tract B and Tract C connecting with Radio Road in that even such connections shall be at least five hundred (500) from the centerline of Briarwood Boulevard. Tracts B and C shad may also have one connection to future Livingston Road. 6.7 ACCESS TO BRIARWOOD BOULEVARD In the event that-Aaccess from Tracts B and C is provided to Briarwood Boulevards, uch access shall be limited to one (1) driveway. This _______/ aeeess may be ; vide' when the temY J sewage plant Access from Tract A — Parcel 2 of 2 to Briarwood Boulevard shall be limited to one (1) driveway. 6.8 DEVELOPMENT STANDARDS GOLF DRIVING RANGE A. The hours of operation for the golf driving range shall be limited to the hours of 8:00 a.m. to 8:00 p.m. B. A 100 -foot setback shall be provided along the northwest property line for which no structures shall be placed or play area conducted. C. Safety netting or fencing shall be required along the Radio Road frontage to protect this roadway as necessary to ensure public safety. D. If the golf driving range use is still in existence at the time of construction of Livingston Road along the westerly edge of the parcel, then the ball netting shall [17 -CPS -01661/134711 I/1163 7/10/17 Words stiask through are deleted, words underlined are added. be extended to protect the entire Livingston Road frontage as necessary to ensure public safety. E. Adequate protective netting shall be installed along the Radio Road frontage of the chipping green. F. Landscaping, including hedging, shall be provided along the perimeter of any required safety netting. Trees adjacent to the required safety netting shall be placed on 20 foot centers and shall reach a height of 15 feet in 2 years from the time of installation. G. Landscaping shall only be required to exceed the current provisions Div. 2. 4 of the Collier County Land Development Code, adjacent to the required safety netting. H. Landscaping required in excess of the requirements of the Collier County Land Development Code for the safety netting will only be required to be maintained as long as the driving range is in operation. [17 -CPS -01661/1347111/1]63 7/10/17 Words stfue'tea k t4ough are deleted, words underlined are added. EXHIBIT C SECTION VII TRACT B & C: MULTI -FAMILY RESIDENTIAL 7.1 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" and Exhibit "A -l" as Tract B & C if developed as multi -family residential, with no commercial uses Tract B and C shall either be developed as multi -family residential pursuant to Section VII or as commercial pgrsuant to Section VI. 7.2 USES PERMITTED if Tract B & C are developed solely residential. A. Principal Uses Multi -family residential uses up to 320 dwelling units. B. Accessory Uses 1 Recreational uses and facilities that serve the residents of Tract B & C, such as swimming pools tennis courts bocce ball volleyball courts, walking paths, picnic areas dog parks playgrotmds fitness centers and recreation/amenity buildings. 2 Customary accessory lses and shuctures to residential units. including camoils, garages utility buildings carwashes and solid waste and recycling facilities. 3 Temporary sales trailers and model units. 4 Entrygates and gatehouses. 4,5 Stormwater management treatment conveyance facilities and structures such as berms swales, and outfall structures. 7.3 DEVELOPMENT STANDARDS Table I sets forth the development standards for multi -family residential on Tract B &.0 as shown on Master Plan Standards not Specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat, [17 -CPS -01661/1347195/1164 Words AN& thFaug" are deleted, words underlined are added. 7/19/17 TABLE 7.3 Delantnsnttanliurds - - '+ i4IultA Family cessso ." Clulr.odssx I2scr�aren . a: Min. Lot Area 10.000 SF per building N/A N/A Min. Lot Width 90 feet N/A N/A Min, Floor Area 750 SF per unit N/A N/A Min. Yards—E tern"Aleasurstl:tYoIUTractDoilnttarim= F From Radio Road 30 feet SPS* SPS From Livingston Road 35 feet SPS* SPS From Preserve** 25 feet 10 feet 25 feet From Tract D-1 —Recreation** 30 feet 10 feet SPS From Tract B-1 — Multi -family** 30 feet 15 feet SPS From Tract L- I — Lake** 30 feet 20 feet SPS 1�'(lil'x Yarda�FiitsenaltO TcAQt B-BcC.: i' iu O Min Yards adiacent to internal paved 0 feet for vehicular access. SPS 20 feet vehicular use areas otherwise 10 feet Min. Side Yard 10 feet SPS SPS Min. Waterbodv Setback 20 feet SPS 0' bulkhead otherwise 20 feet Min. Distance between Structures I0 feet SPS SPS Max. Building Hei_ht— Zoned 4 stories/55 feet 25 feet 2 stories/35 feet Max Building Hei ht-- Actual 62 feet 35 feet 42 feet S.P.S. -= Same as Principal Structures; NTE =Not to Exceed; S F = Square Feet * Except for one-story garages and carports which shall be setback a minimum of 15 feet **Tracts as identified in Briaiwood Unit One Plat recorded in Plat Book 1 S. Pages 40-42 7.4 DEVIATIONS Deviation 1 • From LDC Section 4 06 02 C Types of Buffers which sets forth required buffer des and widths to allow the required 20' Type.D buffer width along Livingston and Radio [37 -CPS -01661/1347195/1164 Words stra& through are deleted, words underlined are added. 7/19/17 Roads to be reduced to 10' with enhanced plantings consistent with Exhibit A-2. This deviation is only applicable in the event Tract B & C is developed as multi -family. [17 -CPS -01661/1347195/1]64 Words StNekthFeUgh are deleted, words underlined are added. 7/19/17 EXHIBIT D SECTION VIII DEVELOPMENT STANDARDS T8.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 78.2 GENERAL All facilities shall be constructed in strict accordance with the Briarwood Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code in effect at the time of approval of the record plan shall apply to this project. X8.3 BRIARWOOD DEVELOPMENT PLAN A. Exhibit "A", Briarwood Development Plan, illustrates the proposed development, and the location of the temporary sewage treatment facilities as permitted by Sections III and V of this document. B. Except for such definitive facilities and demarcations as street locations, tract boundaries, etc., the design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the project. 78.4 PROJECT DEVELOPMENT The proposed development is illustrated by Exhibit "A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de-sac at street ends, screens, signs, landscaping, erosion control and other similar -in -function facilities shall be taken to accomplish the above set forth objective. -78.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. (17 -CPS -01661/1347212/1]65 Words'•mss are deleted, words underlined are added. 7/19/17 The three (3) designated conservation areas in the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. 78.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane dived section from Radio Road along the length of Tract A - Parcel 2 of 2 with a transition to a two lane section within three (300) feet north of the property line of Tract A - Parcel 2 of 2. The remainder of Briarwood Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along Briarwood Boulevard from Radio Road to the intersection of Briarwood Boulevard with Progress Avenue and future Livingston Road. 78.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV, cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 78.8 UTILITY DIVISION A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Land Development Code, as amended, and other applicable County rules and regulations. —__tca-1;cam-gym.u�tec�--tivikl--kie-e++stotners-o4=til+e--C�rirdy-:md-�a 11--b�-' ' "�'-'� �" - E��+++tv--i H�3s�-� i-fh-thekfjtttestab} i;;hed�a�rn+k# �h is-E=E+c+i3ty- etc+ti ---------biz-i+3-fi tx�sikit�i+ tt+ }n�c�vitk� ovatei-�tt�drEx-sewer-:,�;T.;�r tta N+c--pi-E>'�*e-�tl+e-watr�r ----�tntkos-� .;z�+st�+�a s-st+all�erc=�csx�r�r:r-til=t#��ni�inr ut{liEy-�L;f�bli:�het1-tt� - ---sIfVe-4-lfi---jpfc3ji'c-t-m;c;l—c:T Ftii3ty'--A-{Visite—eY'atL'Y=h1tE{iE}r—`,;f'iae--fiic-i-1i-Esti'"r--afe ��r�.�raF�el by-Fhas-pr{ijec-t:...`-;hcl�+lri -thy{; �Tu+rty..4ys6ern-�+ot-lice-i+t-a-po4itx+n-tFriuppl-y pf3kal+}e-v�air�-tci tk�i�+�}�xt�ttjd!-dr-r+`ceii�-th��rt�=t'�-z+sk�u�tt2r-at-the-ti+�e d�k�t+xnt-e4#rnmet�e�the-l�vcgc+pe+--at-t+is-ex-}+okr;��-X11-i++4t�c11-amk-ctl�erzate +ntrri+ri watts=-sEt{�pl�--a#td-c-k+t�atirr�nfi-#�c il+Eie�-atfdfE�-i+}k�r+rr�-r�tsit� ��Gkafte aptm t?Y.i il{-t'-rG4;kF1c�tE>r�`-ii c�,e,c'r.-in'-'a ^r,t;3t-e,�r3i}I-1-bl'-C fr.cc.,-cs-m'm li�t�i/E'E'%t--thL (17 -CPS -01661/1347212/1165 Words StFUGIE thPeugh are deleted, words underlined are added. 7/19/17 E ettNF�+ +et#-tlie e c+}aer I++td}r--oit-the-44evof }33 - st ."- r- ttee�Eifs r�+E#+i2~-i++tt�ira-tretttttt�yNt--iNeiliktl�-#e-he-t+t�i+tetl:- N;� .��.°"5�3etif-+�ttt-}:3e leea�f�-st+F4t�tt�rrt-pert#ie-�E+iattt�ttEre-4e-t+zt�i#�rtx-;z#-c1t-t;en,�,<.,z-�„�ns rda3epaj-ec:t-wid-betti Nt+tttratiee pita+Floert}+treri+etttst31=AhC-CiAlitq-GOttttty 4:artci 13e'�le�+rt3et+F-E-'c+t#e ----- 4-1= siie-i q+ier-',UF 4v -If ei E01 e�'aff 'I�s4w+ an -,n; !it'.i�,'E: Fhtti-}SPH}F!8�--1i-.t'i}t35�'-1.3e-}3iHpeFik-�'rlz'2mc�-`-��''prr-it3`@tfl-�`v� ��aic-clh,,Yt'mari�ria E#eNt�tNc#:-i+�-ttelc#itic�trt�t-1i+e-#7e}�•=�le>33aiiti-htzt->z+t�-;+}tpr{x�r�-lav'--FEie 3r�+}>t�ttL-�.:i+c E eta+E}1-F3i:4trist-sti�ic++3t;-the-prE>jee��a: . -Etllt�n-time,-#manes-Et€-ttie-Bts�i t-rat+�l-lae�4 , r-,. i,�#reNlie e Rati�mr„ . ea}3ae+t}' tr}-sev-ve--this pir�}ce+._artEl--rE tftareeEt�w iE E}+t}, E4- ef+rt er+k i h the Fr1�#rtttrl+c�tN�—prFwitle-i+-:sti€l+cieNF-t}+asti+Fit�=e?1=--a<t��;;��- Floe--t+r�ietpa Eli++xa++E#�}-ikte pr+�jee�te-)-}is#iek�e�tstit+g-�rati�+itkec#�tpt�-i4}� F._-----=# e s+3eitc��ti; r flistri#x+tif3N ysterR 4c>-ser}=e Else }3+ejeN h+ll-k�E eEtmtestt-1�-tete 1)istt+tt='t-t�eF��{-1�}-i;;e��r-t�+�iN�ir�telit+-i'�+akl:t>�tetx#etl tee-ei�#-Fhtt>trEfkcE�t t�x�-}�r<+.Yec�._ter+r+itta:H+ �-a F-FFics- pr�}eE E's-�mrikt-�e�[+erFy-#i+ieztt-N-}�iitl-eska#tlt,l�;El l,ti;_-tlte--lattlit es-i-�+j-i�;ttrrr:- eHr+vfstetN: �'i4k+-Fly--F`i NElir�s -t+l=-}itf�-#i-trl�Er��e-[-�ttid+r litje.�,Ehe ti41"4*g s- hal# k+e ttsti t}�t+r ttE i Fc+ EHe Ei� sE ri kit i#i ct+t-si-�:leFr� l--lac;ac#-u�ilc#-tr�t�;—;i,;,n�,-ie�a}it3riNateEi- bv-#fxa}+tt3e--thc�-i+}teei�tl-}+i�e}i+le ---- Ftths .{ tr 1t+tF+e } ietr+ +tete+ar. � tEn it}r at4jac=ei+#-preperties-s#ial4-be �6'�--a}t7H'�-1'i3i'.-ei1S%}31•El�i�'3�'F--i+t'tt'...(�-'-�i+e--j3fH}et'C'-it1.--}(Kii3t:.(H'.N,Y' --�H-hO i}}FkFN{i�}'?'-a�`i,'elE#-tk}3f)FT-17ii-i.�it'.-1-Iii-�kiiE`4-�a}tStEi,r�zriii-'trrc-ric'r�}H}�ier--kiri(�t-iH t#e-Eies+�tt-�iaset+k-F.}ie-}�}u�E .----#'l=c�iH�-C�''�,Yije:cc-J-S.nE�'r•-t}i�itr:il•+t+EtE-Ns-4tlL-}l•i'��C-�r-m-al::�* '-rmc-aea'crs ki{'-th£L4 {Nr,i-�- v': iim-"*z**•.�^'!e-r--f?lar.�r`.rx<:cim7�;�'-fir pLN•'.sN�tist-ktT-itCtirs--�';-t�''-}�-Fl-iti Developer -stta4-e+i4er-ii+Fe-att- gre�trte} +bkr-tl��ti#1 c<r-E tit+rrir-11 aser- �€�>rer matey>t l k? F#e i)ist+i t gFier te-t}za-a}�{iP�al t# �t+ rt�iietr el af>i= llie-p+E?jet#-133-tit-�Ex+r}F} C+..— =I'he ti+llity-ec>tt`;t++�:ticaN-fleeti+}ieeFs-fi3r-t#3�+-}3:c�}ee-i-'s c+ttsite�e�r�tzt�-systi=,+3i-&f�}l ----ne--pr��3attai--icy-cca+ftai++-N+e-ire+�-�a+f1-eE+ras+rE+eEi<aH-E+t -Effie-�~:,_,;�-ate--e1=4�rEe -----{�ti�+�tetiN�4Tit-lt-�a-ia:l tdnt�`+lel,=ecitrs�e'�+c�ye'c=t-ffr4ke�t�ite-tettFral-+e�c'r ---...._ _.#ae+llFies +k tlje--13i FrH F ttt-�'tii3t}3 i+tEiei3 ;, }F).-2fi-lx k4ciifl-ofi -ae{ 1(�-cel -Fl3e --------1=e�(+re-�;tttteli�'ts+E�i�-1�-Fetter-i33attr++hist-1>E'c,=3rtertE3ec#-Frfx33-�h�;te;;t ettsi#e-ptFtrt}3 ----i;tat:if>r3#ifri:Nt-E3t+itiaflrtk3e-}�cjeei=s::Hi+t}ter+i-l3c+tertElfrrl�=�-spef=ififEtil-c--t�f}teited -----#iv--c#ie-(-}Cilitif�s-Iii-rim a+tcl--eap}3efl<-t}NIE�;-3#x,-C c+ttt3t3=s-eeriiral �i�r-titerl+t}c�s aai#ak ke (E r eE3N{Se t#f3}3 at-t#3e tti+ e t f tittle: a N �tst $teriteret3t3t+eekc# _�.__k,-E4ae-<»;��tN{3ttF+3p-s#aattiE3i3--tvj4�#rrtatel-y-#E+caket# �-�a-t:T}3er-N+it-tkte [I 7 -CPS -01661/1347212/2165 Words strUGI(threugh are deleted, words underlined are added. 7/19/17 -----c�FtH=ttl--sei�r-[attl+ti€•s-I�c�rte-ifal�k� E?�•;.,,�„��,�,ftirxt--tt�-the--E=oN��i ----ec�c}t+r��cl-Acrc;t�rni}+t-rc-gard+rr��tke-�+sc��arr-i+tteri+N-sc:�c+-t}'�rt�ent-faEili#yz}:; —4pec-4k # i;+4tern-=r-above: cursi+t+eki+N3Eltrt+rewttert it= eta.shall 1x t> e{atrad <r -t{ ak} se tlt +t+a+te 7fxv++R tom' e m.,rise-M&Aei.gh+rrrp S+atit+x.-t�lrr__,�__} El-+s-teat�ai4tt�-lrk--i+�-FI-}--mai+-i+rte Ee- �tmtp-statit+n:--1'#+s I=eiHp�-"r' `;-.ii -li?--`faitri-'n"ic-c r--Sl�ith-Mite--L=ETF+iiEj=-`-;ill # pFif:FF-tti--i-oi tHeHEi+? pia+aiitrH-Er[- st�+tsFxtetiA+F-Eta=a�t3�ti-1;e-thai-atll-a�peetr-fTf--t#e-:;ekc�<ststt�r dtsi n "emetic+ li+�+{id rvi H-{{ } i let e+ l& eT44ari 78.9 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 78.10 OTHER UTILITIES Telephone, power and TV cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 79.11 TRANSPORTATION A. The main entrance to the residential portion of the project (designated Briarwood Boulevard on the site plan) shall be in alignment with the main entrance to Foxfire Subdivision). B. The developer shall provide a fair share contribution to the capital cost of a traffic signal on Radio Road at the main entrance to the project when deemed warranted by the Transportation Administrator. The signal shall be owned, operated and maintained by Collier County. C. The developer she provide left and right turn lanes on Radio Road at the main entrance to the project. This construction shall be coordinated with the four laning of Radio Road. D. Tract B and C. shall be limited to one access to Radio Road and one access to the-li+ttFtt-Livingston Road. r}�prErval aFilaese-eels seat -this tigle IE Eek rttply-{aa� rtTed# nt-E pe rri+ags �v111 lie c #ed wl rr the c fo ur-latted-. tkppcc {+ri c t+ t -lane shall lx pre�ieled at eaelrasee s E. The developer has dedicated twenty-five (25) feet of additional right-of-way throughout the project's Radio Road frontage and one hundred (100) feet of right- of-way along the section line at the project's western boundary. (17 -CPS -01661/1347212/1]65 Words StFUGIE thFeugh are deleted, words underlined are added. 7/19/17 F. These improvements are considered "site related" as defined in Ordinance 92-22 as amended and shall not be applied as credits toward any impact fees required by that ordinance. 78.12 ARCHITECTURAL REVIEW All buildings constructed within Briarwood must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 78.13 ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 78.14 SIGNS All signs shall be in accordance with the Collier County Land Development Code. 78.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for offstreet parking areas, shall be in accordance with Se et al{ 4 -of the Collier County Land Development Code. 78.16 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, pickup camper or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether containing such equipment or not. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. 78.17 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS A. It shall be unlawful to park commercial vehicle on any lot in a residential zoned district unless one of the following conditions exists: (1) The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the exterior of the lot. [17 -CPS -01661/1347212/1]65 Words ugh are deleted, words underlined are added. 7/19/17 (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton, shall be exempted from this Section. 78.18 WATER MANAGEMENT A. The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. B. A dry season pool may be maintained in the lakes portions of the project by pumping from the Golden Gate Canal. All required permits shall be obtained prior to pumping. C. Detailed site drainage plans shall be submitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Project Review Services. D. An Excavation Permit will be required for the proposed lake(s) in accordance with the Collier County Land Development Code and South Florida Water Management District rules. E. Copies of the approval from South Florida Water Management District for the conceptual plan and construction/operations permit for each phase of construction sites be provided. F. A revised Master Plan reflecting the relocations of Lakes 1, 2 and 7 to meet the rEtttir eEetn jf the Collier County Land Development Code shall be submitted. The typical lake section shall also be planned to meet the requirements of the Collier County Land Development Code. G. All lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 78.19 EXTERNAL ANTENNAS Antennas, including but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external to the principal or accessory structures in residential districts. 78.20 ENGINEERING A. No development activity shall begin prior to approval of final details plans, plats or Final SDPs. Excavation work may begin only upon specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding, etc. [17 -CPS -01661/1347212/1165 Words AFUCk'thrOug: are deleted, words underlined are added. 7/19/17 B. All required Right -of -Way for Livingston Road and Radio Road shall be dedicated to the County prior to approval of construction plans for any tract. However, the dedication may be part of the first plat. C. Progress Avenue shall not be connected to the internal roadway system until Livingston Road is built. D. A Preliminary Subdivision Plan submission shall be required, in accordance with Njvisi� ?{idi+hins: of the Collier County Land Development Code as amended or superseded, on all tracts as they are individually developed. The submission will be administratively reviewed by staff prior to construction plan submission by the applicant. If the tract is not intended to be subdivided, the applicant will submit an SDP application. E. No variances to the subdivision regulations are requested, none given. F. Conservation areas shall be placed under conservation easements by separate easement or tract. Setbacks set forth in £reo4et+-_.tom '.4 -.moi- the Collier County Land Dei eloi7ment Code shall be maintained from conservation areas. -73.21 ENVIRONMENTAL STIPULATIONS A. The PUD shall be in compliance with the environmental sections of the Collier County Land Development Code and Growth Management Plan, Conservation and Coastal Management Element at the time of final development order approval. B. In conjunction with Florida Game and Freshwater Fish Commission (FGFWFC), Petitioner shall transfer the gopher tortoises to the conservation areas and/or leave the tortoises where they are presently located. This is also in accordance with Poliek-s-4- l -:5 --tinct 7 -.31 -.i --of the Collier County Conservation and Coastal Zone Management Element. C. Petitioner shall designate the three (3) areas along the western border of the site (the cypress wetland, xeric habitat, and cabbage palm hammock) as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least ten (10) feet wide (twenty (20) feet wide for Parcel 1 of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. D. Development shall be in compliance with the provisions of 5rc+cr3 �1 the Collier County Land Development Code. Should any areas be required to be set aside for preservation to implement this provision, they shall not result in the reduction of density, or preclude the development of any single family uses identified on the PUD Master Plan and set forth in Exhibit A. Areas required to be set aside for preservation areas shall be platted as preserve areas. [17 -CPS -01661/1347212/1165 Words •'-�-h :oma^`'• are deleted, words underlined are added. 7/19/17 8.22 PERMITTING A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability mi the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. [17-CM01661/1347212/1165 Words IgM are deleted, words underlined are added. 7/19/17 EXHIBIT E SECTION V}II IX 89.1 PURPOSE The purpose of this Section is to establish guidelines for the preservation of certain natural resources. 89.2 OBJECTIVE To enhance the quality of the environment for future residents of this development and the community as a whole by: A. Establishing guidelines for maximum utilization of existing natural vegetation within the development plant. B. Preservation of Tract E — three (3) conservation areas, in a natural unaltered condition. C. Establishing guidelines for re -vegetation of cleared areas. 89.3 LANDSCAPE DEVELOPMENT 89.3.1 Single Family Dwelling Sites: With the exception of platted portions of Unit One and Unit Two, all future single family development areas shall be in compliance with DivisiHn 2 4 of the Collier County Land Development Code. 89.3.2 Multi -Family, Streets and Right -of -Way and Commercial: (to include Tracts A, B and C) All landscaping for multi -family, and commercial tracts and streets and rights -of -ways shall be in accordance with Division 2.4 of the Collier County Land Development Code. 89.3.3 Tract E — Conservation Areas: A. Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the community. B. Treatment: Total protection of flora and fauna. Prohibit vehicle and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. (17 -CPS -01661/1347216/1167 Words stFuel( thFeug# are deleted, words underlined are added. 6/26/17 89.3.4 Florida Power & Light Right -of -Way: This area has been totally cleared and has been stabilized with Bahia grass. This area may be used in part as open space and shall be vegetated with appropriate grasses. 89.3.5 Lakes: A. Function: Provide water retention, recreations and visual quality for the community. B. Treatment: On completion of construction, lake banks will be re -vegetated with durable grasses to control erosion. [17 -CPS -016 61/13 47 216/1]67 Words stfuek threwigh are deleted, words underlined are added. 6/26/17 AGENDA ITEM 9-B Coer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION HEARING DATE: AUGUST 17, 2017 SUBJECT: PUDA-PL20170001626, CIRRUS POINTE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT: Macie Creek, Ltd. 3030 Hartley Road Jacksonville, FL 32257 OWNER: Cirrus Pointe Partners, LLC 516 Cooper Commerce Drive, Suite 200 Apopka, FL 32703 AGENT: Ms. Karen Bishop PMS Inc. of Naples 3125 54a` Terrace SW Naples, FL 34116 The petitioner seeks to amend Ordinance Number 2005-63, as amended, to amend the Cirrus Pointe RPUD to reduce the minimum floor area for multi -family dwelling units, and to approve a Second Amended and Restated Affordable Housing Density Bonus Agreement to allow the Developer to have the option of constructing owner occupied units or rental units designated as Affordable Housing Units. GEOGRAPHIC LOCATION: The subject property, consisting of 9.92± acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. (See the Location Map on the following page.) CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 1 of 13 OT PROJECT LOCATION Location Map « SPUD%'R-BM ® ©IOC,®®BOO®®®®®r0 cu D -R u.e..., PH9 PH8 PH] PH6 PH5 PUD °°_ PUD BOTANICAL PI CE CONDO PH 10 IN MUP PH 13 s PH 12 PH 11 e s PHI PH2 m PH3 PH4 n 's O„ �n T PH III PHI ABACO BAY wA a SITE �a CONDO ® PH Iv PUD LOCATION o d 0" PH II MIF �a RPUD-E M � o� o ®" 0 0 s on THOMASSON DRIVE O°O OO Al1UD-N O OO �O� O O ® © o z oa of® 0000 RMF-6-BMUDaR2 A op of of opo©ololclo� A O�cu ®a1®IID T uxorxe PUD ® m W St 4 C -3-B _ AAA Oa x PUD cu RSF-3-BMUD-R7 Petition Number: PL20170001626 Zoning Map PREM AREA PRESERVE/ WATER MANAAGGEEMMENT RESIDENTIALAREA OJECT #2004070005 TE: 11/10/05 Y DESELEM GRAPHIC SCALE 1.50' PINE BROCK LAKES PUD (APARTMENT COMPLEX) RESKOENTALAREA LAKE. LAKE T1T RWATERE/'N�s NAREA I }III RMHOMESG 3.I1� RESIDENTIAL AREA ;1 PRELIMINARY ESTIMATED LAND USE SUMMARY aewoR TmAL as MRv.. - pw Moo LESS Ir]i!�-BY FAiIER'� T.yi � E ' _ 0..41 Ml1lfe o�dllElis�a�m. " W6Y'AFm NIEA (IIOK-R®1VO- 2E! M Xbi X10 K OW = m CMltw m w KR NGHT- -e\Y ;CI�C�Cn JIM FIELDS ROSS 155K MONTERO550 LN. IPL02 anal ,,,p eO OOBP NAPLES, FL 31110 Clf UNI2 FMp13 MN 2 RAT eOCt 1, rAOE n -A OOUe11 t01MTV, ILCOA i1Me10 evnos ZONING INFORMATION tNieKT a _ IMFA/Ne 72'0 r NL m 3OMei � r"0461 .A. WI ION MAIKMRY lMli AT A ON1l�RSAOIYI6Y VNq i9t ACE PLANNING ENGINEERING ,ENVIRONMENTAL NOTES: TAs TION UNA YMLMOF]IT NN ISWT- -tAr NC f mm. M MAX M e RIANTIVNI m � pal �UAIT W a IMA'. MT Ot m OCelAApT N.W MMPAMNx 2 N10NML 1NSCIIM OICM1Kl1 AS 910e1 O tOiQP FLAIL ILfCMAl91 AL K PROelm GIIOq sw SYiRML 1 STCN eA�11 eMAQNFNi m EE lwM 0e KAT11E Ne411E ~ LA O�Y i 10�C5 WY NOf IMCNMCI Mm CIRRUS POINTE PUD MASTER PLAN EXHIBR •A' I • -� � _INOM(ySyON DRIVE VARlEj1, 20ZONINGGELS ZONING C"ZONING NENCE SIF HONES — — _ RMF ZONING STORE UNDEVELOPEDELOPE DEVELOPED RMFEZONMG AGRICULTURAL SAYSHORE SIFHOMES ZONING CORNEAS SHOPPCENTER REAL PROPERTY DESCRIPTION UN Ial wwa weo MIO Helot EIEMENLu� Y ELEMENTARY PRELIMINARY ESTIMATED LAND USE SUMMARY aewoR TmAL as MRv.. - pw Moo LESS Ir]i!�-BY FAiIER'� T.yi � E ' _ 0..41 Ml1lfe o�dllElis�a�m. " W6Y'AFm NIEA (IIOK-R®1VO- 2E! M Xbi X10 K OW = m CMltw m w KR NGHT- -e\Y ;CI�C�Cn JIM FIELDS ROSS 155K MONTERO550 LN. IPL02 anal ,,,p eO OOBP NAPLES, FL 31110 Clf UNI2 FMp13 MN 2 RAT eOCt 1, rAOE n -A OOUe11 t01MTV, ILCOA i1Me10 evnos ZONING INFORMATION tNieKT a _ IMFA/Ne 72'0 r NL m 3OMei � r"0461 .A. WI ION MAIKMRY lMli AT A ON1l�RSAOIYI6Y VNq i9t ACE PLANNING ENGINEERING ,ENVIRONMENTAL NOTES: TAs TION UNA YMLMOF]IT NN ISWT- -tAr NC f mm. M MAX M e RIANTIVNI m � pal �UAIT W a IMA'. MT Ot m OCelAApT N.W MMPAMNx 2 N10NML 1NSCIIM OICM1Kl1 AS 910e1 O tOiQP FLAIL ILfCMAl91 AL K PROelm GIIOq sw SYiRML 1 STCN eA�11 eMAQNFNi m EE lwM 0e KAT11E Ne411E ~ LA O�Y i 10�C5 WY NOf IMCNMCI Mm CIRRUS POINTE PUD MASTER PLAN EXHIBR •A' PURPOSE/DESCRIPTION OF PROJECT: The subject property is undeveloped. It was originally rezoned from Residential Multi - Family -6 (RMF -6) and Bayshore Mixed Use District -Residential -2 (BMUD-R-2) to RPUD in Ordinance Number 05-63 (see Exhibit B) on November 15, 2005. That approved the Cirrus Pointe RPUD to allow a maximum of 108 multi -family dwelling units, and the Ordinance also approved an Affordable Housing Density Bonus Agreement authorizing the developer to utilize 78 Affordable Housing Bonus Density Units (at 7.89 Bonus Density Units per acre), to allow a maximum of 32 units designated as Low -Income Affordable Housing Units. Subsequent to that approval, the Board approved Ordinance Number 08-38 (see Exhibit C) on July 22, 2008, amending the Affordible Housing Agreement to increase the maximum number of Affordable Housing Units from 32 to 44 Workforce Housing Units. The total number of residential dwelling units, 108 units, remains unchanged. The proposed Ordinance amendment (see Attachment A: Proposed Ordinance) will: - Amend the PUD Document to reduce the minimum multi -family dwelling unit floor area from 1526 square feet to 650 square feet in the Residential Development Standards Table; - Amend the Affordable Housing Agreement to allow for the option of constructing a minimum of 44 owner occupied for sale units designated as Workforce Housing Units or a minimum of 44 rental units designated as Low Income Housing Units. SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject 9.92+ acre site is currently undeveloped, with a zoning designation of PUD Surrounding: North: Pinebrook Lakes PUD, developed as Abaco Bay, an existing 160 -unit, multi -family, 10 -acre project developed at 16 units per acre East: Single-family homes along Dominion Drive that are within the Avalon Estates Unit 1 subdivision, with a zoning designation of RMF -6 South: Thomasson Drive, and further south Del's Convenience Store, with a C-5 zoning designation, and scattered multi -family residences on lots within the Jonesville subdivision with a zoning designation of RMF-6-BMUD- R2 West: Bayshore Drive, and further west, a cleared, but undeveloped C-3 BMUD- NC zoned tract CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 4 of 13 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The proposed PUD Rezone is consistent with the Future Land Use Element of the GMP. See attached Exhibit D: Future Land Use Element (FLUE) Consistency Review dated July 12, 2017. Housing Element: Community and Human Services (CHS) staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD Document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing. CHS staff finds the proposed development to be consistent with Section 2.06.00 of the Collier County Land Development Code (LDC) and the Housing Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 5 of 13 "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed PUD Amendment on the subject property, as noted previously, is limited to reducing the minimum unit square footage and amending the companion Affordable Housing Density Bonus Agreement. As such, there are no changes that revise the previous transportation planning staff findings or recommendation of approval. Staff also reviewed the project based on the current 2016 AUIR Inventory Report and finds that the adjacent roadway network has sufficient capacity to accommodate the proposed trips within the 5 -year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. In addition, staff offers the below analysis. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 6 of 13 Environmental Review: Environmental Planning staff has reviewed the petition and is recommending approval. This project does not require review by the Environmental Advisory Council (EAC), since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition request and is recommending approval. Zoning and Land Development Review: As previously stated, this PUD Amendment petition will only reduce the minimum multi -family dwelling unit square footage requirement from 1526 square feet to 650 square feet and will amend the Affordable Housing Density Bonus Agreement to allow for rental units as an alternative to the already -allowed owner occupied units. There are no other changes to the land uses, development standares, density, intensity, preserve areas, and buffering standards proposed. Therefore, the original determination of compatibility and appropriateness with the surrounding built -environment is maintained. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. Staff's responses to these criteria are provided below. 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Section has indicated that the proposed PUD Rezone is consistent with all applicable elements of the future land use map and FLUE of to GMP. 2. The existing land use pattern. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report on page 4. Staff believes the proposed amendment is appropriate given the development restrictions included within the PUD Ordinance. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 7 of 13 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment would not create an isolated zoning district, because the subject site is already zoned RPUD. No land is being added to the RPUD as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed above in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, but it is being requested, in compliance with the LDC provisions to seek such changes, because the petitioner wishes to develop rental units and to reduce the minimum dwelling unit square footage requirement. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change to allow rental units and to reduce the minimum dwelling unit square footage requirement will not change the overall density and intensity of land uses allowed by the current RPUD. Therefore, the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 8 of 13 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. Zoning by itself may or may not affect values, since value determination is driven by market demand. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is mostly developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship, because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district and believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The subject property already has a zoning designation of RPUD; the RPUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 9 of 13 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC. Staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the RPUD Document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts on the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the RPUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08." 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 10 of 13 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. The uses are not changing as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes the uses remain compatible given the proposed development standards and project commitments. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed residential land uses that were previously approved are not changing. Therfore, the proposed internal and external compatibilities, buffering, and screening remain the same and are compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The 60% open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and/or site development plans, are sought. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 11 of 13 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This PUD is existing and the reduction in the minimum dwelling unit square footage and amendment to add rental units to the Affordable Housing Density Bonus Agreement are justified and meet a public purpose to provide affordable housing options to Collier County residents. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on August 10, 2017. For further information, please see Exhibit E: Neighborhood Information Meeting Notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20170001626, Cirrus Pointe RPUD, revised on July 31, 2017. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC, forward Petition PUDA- PL20170001626, Cirrus Pointe RPUD, to the BCC with a recommendation of approval. Attachments: Exhibit A: Proposed PUD Ordinance Exhibit B: Ordinance Number 05-63 Exhibit C: Ordinance Number 08-38 Exhibit D: Future Land Use Element Consistency Review Exhibit E: Neighborhood Information Meeting Notes- to be provided as soon as they are available. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 12 of 13 PREPARED BY: NANCY G A H, AI P, PLA PRINCIPA LA R ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER ZONING DIVISION -ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION APPROVED BY: iS FRENCH,�yDEPUT��Y DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT CIRRUS POINTE RPUD, PUDA-PL20170001626 Page 13 of 13 Ns 201 D TE 7-z5'17 DATE '1 -Z -t -o DATE $- 1-1 DATE July 25, 2017 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING ORDINANCE NO. 2005-63, AS AMENDED, TO AMEND THE CIRRUS POINTE RPUD TO REDUCE THE MINIMUM FLOOR AREA FOR MULTI FAMILY DWELLING UNITS, AND TO APPROVE A SECOND AMENDED AND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT TO ALLOW THE DEVELOPER TO HAVE THE OPTION OF CONSTRUCTING OWNER OCCUPIED UNITS OR RENTAL UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES. [PL20170001626] WHEREAS, on November 15"i, 2005, the Board of County Commissioners (`Board") adopted Ordinance No. 05-63, which established the Cirrus Pointe RPUD, and approved the Agreement Authorizing Affordable Housing Density Bonus; and WHEREAS, on July 22"d, 2008, the Board adopted Ordinance No. 08-38, to amend Ordinance 05-63 by approving the Amended and Restated Agreement Authorizing Affordable - Workforce Housing Density Bonus; and WHEREAS, Karen Bishop, of PMS Inc. of Naples, representing Macie Creek, Ltd, petitioned the Board of County Commissioners, to amend Ordinance 2005-63, as amended, to amend the Cirrus Pointe RPUD by reducing the minimum floor area for multi family dwelling units; and further to amend the Amended and Restated Affordable Housing Density Bonus Agreement to allow the developer to have the option of constructing owner occupied units designated as affordable workforce housing units or rental units designated as affordable low income housing units. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Table 1, Residential Development Standards, of the Cirrus Pointe RPUD document [17 -CPS -01695/1351860/1164 Words straek-t!atough are deleted; words underlined are added. Pape I of2 Exhibit A attached to Ordinance No. 05-63, as amended, is hereby amended as described in the attached Exhibit "A," incorporated herein by reference. SECTION TWO: The Amended and Restated Agreement Authorizing Affordable -Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, attached to Ordinance No. 08-38, is hereby deleted in its entirety and replaced with the Second Amended and Restated Agreement Authorizing Affordable Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, attached hereto as Exhibit "B" and incorporated herein by reference. SECTION THREE: 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 day of 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney [17 -CPS -01695/1351860/1]64 BY: b V31/1-7 PENNY TAYLOR, Chair Words struek4kouglr are deleted; words underlined are added. Page 2 of 2 Exhibit A TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main/Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI -FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25'(3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' Minimum Floor Area 650 Sq. Ft. 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi -family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. Words sirunk-Ihrminh are deleted: Words undeLlnad are added. Exhibit B This space for recording SECOND AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE WORKFORCE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS SECOND AMENDED AND RESTATED AGREEMENT ("Agreement') is made as of the day of , 2017, by and between Macie Creek. Ltd., a Florida limited partnership and its successors and assigns (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." and replaces the prior Amended and Restated Agreement Authorizing Affordable Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property dated July 22, 2008 between Commission and Cirrus Pointe Partners, LLC, a Florida limited liability company ("Seller") which was recorded in Official Records Book 4385, Page 0392 of the Public Records of Collier County, Florida, in its entirety. RECITALS: A. The Developer is under contract with Seller to purchase the tract of real 4/12/06 Page 1 of 49 property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of owner occupied Affordable Workforce housing units (as to Alternative A) or rental Affordable Workforce housing units (as to Alternative B) constructed by Developer shall be at least 44, representing at least 40 percent of the total number of residential Units approved in the development, or 56.4 percent of the approved bonus units. 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 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be 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 78 bonus Units on the Property, if the Developer agrees to construct owner occupied Affordable Workforce units (as to Alternative A) or rental Affordable Workforce units (as to Alternative B) as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 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 follows: for the Developer to select one or the other of Alternative A (Owner Occupied For Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of the first building permit for a [17 -CPS -0169511351837/1I Page 2 of 49 residential unit. 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The maximum number of residential units constructed on the site shall be 108 units including a maximum of 44 Affordable Housing Density Bonus Dwelling Units. The Developer hereby agrees that it shall construct a minimum of 44 Affordable Workforce units, representing at least 40% of the approved residential density as either 1) owner occupied housing units (as to Alternative A) or 2) rental (as to Alternative B), which units shall be made available in accordance with the terms and conditions of this Agreement and as specified by the attached Alternative A (Owner Occupied For Sale Units) and Alternative B (Rental Units) Appendices A & B, Exhibits A, B, & C, and Appendix 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 Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) 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 § 2.06.04 '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 clearly 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 [I 7 -CPS -01695/1361837/1) Page 3 of 49 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 median income. (3) Eligibility and Qualification of Household income eligibility is a three- step process: 1) submittal of an application by a prospective Owner (as to Alternative A) or Tenant (as to Alternative B); 2) verification of family housing unit provided under the Affordable Workforce housing density bonus program prior to being qualified at the appropriate level of income (low or workforce) in accordance with this Section; 3) certification of eligible Owner (as to Alternative A) or Tenant (as to Alternative B) by the Community and Human Services Department. The Developer shall be responsible for qualifying households by accepting applications, verifying income and obtaining income certification for all Affordable Workforce units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible household shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential occupant shall apply to the developer, owner, manager, or agent to qualify as a very low, low, or workforce income family for the purpose of occupying an Affordable Workforce housing unit pursuant to the Affordable [17 -CPS -0189511351837/1) Page 4 of 49 Workforce housing density bonus program. The Preliminary Application for Affordable Workforce housing unit shall be provided to Collier County Community and Human Services Division as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No Affordable Workforce housing unit in the development shall be occupied by a household whose income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (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 term 'occupant' herein shall refer to an individual occupant or occupants. The term "household" referenced herein shall refer to all of the individuals who will reside in the unit, to include all adults whose income will be used to determine income qualification, regardless of relationship. 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, attached to the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing applicant Income Verification form, including 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 one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 -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 Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference [17 -CPS -01695/1351837/1] Page 5 of 49 herein. (d) Income Certification. Upon receipt of the Preliminary Application for an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the Affordable Workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant(s) as eligible to occupy an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit under the Affordable Workforce housing density bonus program. The Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. (e) Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. (f) Deemed Compliance. Notwithstanding any language to the contrary contained herein, the Developer shall be deemed to be in compliance with Section 2.a(3) of this Agreement f the Developer has complied with the tenant eligibility and qualification requirements of Florida Housing Finance Corporation applicable to the Property with respect to the Units. (4) Annual Progress and Monitorinq Report. The Developer shall provide the Community and Human Services Division an annual progress and monitoring report regarding the delivery of Affordable Workforce owner occupied (as to Alternative A) or [i 7 -CPS -01695/1351637/11 Page 6 of 49 rental (as to Alternative B) 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 this Agreement and LDC § 2.06.00, 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 Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division 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 and approved by the County Manager or his designee 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 owner occupied (as to Alternative A) or rental (as to Alternative B) unit in any building or structure on the Property shall be occupied by the Developer or any person related to or affiliated with the Developer. 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 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 10.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 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 Community and Human Services Division 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 [1 7 -CPS -01695/1351837/1) Page 7 of 49 which are applicable to the Affordable Workforce units. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit provided under the Affordable Workforce 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 Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. 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. In the event that the Developer is not in compliance with this Agreement and the Developer provides the Commission the names and addresses of its Equity Investors and Lenders, as defined below, the Commission shall provide a copy of any and all default notice(s) sent to the Developer to any equity investors of the Developer (the "Equity Investors") and any unrelated third party institutional and/or governmental lender(s) who provide mortgage financing for any portion of the Property (the "Lenders") and the Equity Investors and any Lenders shall have thirty (30) days to cure such violation prior to the Commission's rights to enforce any of its rights under this Agreement. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, 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 - [17 -CPS -01695/1351837/11 Page 8 of 49 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 Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) units in accordance with this Agreement or LDC § 2.06.00, 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 § 2.06.00, 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. Except as set forth in this Section 6, 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 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: [17 -CPS -01695/1351637/1] Page 9 of 49 To the Commission: Collier County Community and Human Services 3301 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: Macie Creek, Ltd., 3030 Hartley Road, Suite 310 Jacksonville, FL 32257 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 Community and Human Services Division 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 attorney'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 Seller and Developer agree 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 now and 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 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 [17 -CPS -01895/1351837/1) Page 10 of 49 obligations. 12. Recording. This Agreement shall be recorded at County'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 Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit shall be restricted to remain and be maintained as the type of required Affordable Workforce housing unit designated in accordance with this Agreement, as provided in the LDC §2.06.04, for a period of fifteen years after the certificate of occupancy is issued. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any occupant or potential occupant because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rent, sells or maintains the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit, it must advertise, rent, 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 Workforce owner occupied (as to Alternative A) or renting such rental (as to Alternative B) housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the rental, purchase and sale of Affordable Workforce units. [17 -CPS -01695/1351837/1] Page 11 of 49 e. The Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) 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 Workforce owner -occupied (as to Alternative A) or rental (as to Alternative B) 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 Workforce Housing Density Bonus shall be the same for market rate units and Affordable Workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable/Workforce Housing Density Bonus shall be the same in both the market rate units and the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) 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 Workforce units are the same within each phase and provided that in no event may a market rate unit or Affordable Workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of Affordable Workforce 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 at least 40 percent Affordable Workforce housing units for this project, with at least 40 percent of the units in each phase consisting of Affordable Workforce units, as described in this Agreement. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer/renter or lender of the particular Affordable Workforce housing unit or [1 7 -CPS -01 695/1351837/11 Page 12 of 49 units, which units in the development are designated as Affordable Workforce 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 Workforce housing density bonus approved for the development. 20. Affordable Workforce 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 Workforce 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. [Signatures on Following Page] (17-C PS -01 695/1351837/11 Page 13 of 49 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. Attest: Dwight E. Brock, Clerk WITNESSES: Name: Name: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Name: Title: DEVELOPER: Macie Creek, Ltd., a Florida limited partnership By: Macie Creek GP, LLC, a Florida limited liability company, its general partner By: Vestcor, Inc., a Florida corporation, its manager an Name: Title: Approved as to form and legality Assistant County Attorney t17 -CPS -0169511351837/1j Page 14 of 49 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Second Amended and Restated to Agreement Authorizing Affordable - Workforce Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2017. Notary Public My Commission Expires: [17 -CPS -01695/1351837/1] Page 15 of 49 SELLER: WITNESSES: Cirrus Pointe Partners, LLC, a Florida limited liability company Name: Name: STATE OF FLORIDA ) COUNTY OF COLLIER ) By: Name: Title: The foregoing Second Amended and Restated to Agreement Authorizing Affordable - Workforce Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2017. Notary Public My Commission Expires: [1 7 -CPS -01895/1351837/11 Page 16 of 49 EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. [17 -CPS -01695/1351837/1] Page 17 of 49 ALTERNATIVE A (Owner Occupied for Sale Units) APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 44 4 Bedroom TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency i17 -CPS -01695/1351837/11 Page 18 of 49 I�:7:T • � u 2 Bedroom 4 Bedroom TOTAL 0 0 VERY LOW INCOME (50% OR LESS MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including Affordable Workforce housing density bonus units) 10.89 units/acre. (5) Percentage of Affordable Workforce housing units pledged by the developer (as a percent of the total number units in the development) 40% [17-CPS•01695/1351837111 Page 19 of 49 APPENDIX A, EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct Affordable Workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The Affordable Workforce housing density bonus rating system shall be used to determine the amount of the Affordable Workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the Affordable Workforce housing density bonus rating system, Table A, below, shall be used. Table A 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 (very low, low, workforce, or gap) of the Affordable Workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of Affordable Workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum Affordable Workforce housing density bonus (AWHDB) available to that development. Developments with percentages of Affordable Workforce housing units which fall in between the percentages shown on Table A shall receive an Affordable Workforce 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 Workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as Affordable Workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an Affordable Workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the Affordable Workforce housing density bonus exceed eight (8) dwelling units per gross acre. 117•CPS•0169511351837111 Page 20 of 49 APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner -occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. 117 -CPS -0169511351837111 Page 21 of 49 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS MEDIAN INCOME 2017 $68,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY Category Percentage Category Rent Limit by Number of Bedrooms (incl, utilities) Category Efficiency 1 2 3 4 Income Limit by Number of Persons in Household 30% $366 $392 Name $543 1 2 3 4 5 6 7 8 9 10 Extremely Low 30% $14,640 $16,740 518,840 $20,910 $22,590 $24,270 $25,950 $27,630 $29,274 $30,947 Very Low 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 $48,790 $51,578 Low 601/6 $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 $58,548 $61,894 Workforce 80% $39,040 $44,640 $50,240 $55,760 $60240 $64,720 $69,200 $73,680 $76,064 $82,525 Median 100% $48,800 $55,800 $62,800 $69,700 $75,300 $80,900 $86,500 $92,100 $97,580 $103,156 Moderate 120% $58,560 $66,960 $75,360 $83,640 $90,360 597,08D $103,800 $110,520 $117,096 $123,787 Gap 150% $73200 $83,700 $94,200 $104,550 1 $112,950 1 $121,350 1 $129,750 $138,150 1 $146,370 $154,734 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 2017 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 30% FAMILY INCOME Category Name Percentage Rent Limit by Number of Bedrooms (incl, utilities) Category Efficiency 1 2 3 4 Extremely Low 30% $366 $392 $471 $543 $606 Very Low 50% $610 $653 $785 $906 $1,011 Low 600/0 $732 $784 $942 $1,087 $1,213 Workforce Book $976 $1,046 $1,256 $1,450 $1,618 Medlan 1006/° $1,464 $1,569 $1,884 $2,175 $2,427 Moderate iZ% $1,464 $1,569 $1,884 $2,175 1 $2,427 Gap 150°k 51,830 51,959 $2,355 $2,718 1 $3,033 (17 -CPS -01695/1351837/11 Page 22 of 49 Location LOCATION Naples and Coastal Collier County Immokalee and East of UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Utility Allowances may be updated based upon a utility allowance study approved by Florida Housing Finance Corporation. 117 -CPS -01695/1351837/11 Page 23 of 49 APPENDIX B. EXHIBIT A APPLICATION FOR AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT (If there are more than two income earning household members, please complete additional forms) Date Occupancy Desired: Your Name: Co -Tenant Name: Date of Application: Amt. of Sec. Deposit: Race/National Origin: Handicap: Yes _ No Race/National Origin: Handicap: Yes _ No Present Address: Street City State Zip Telephone No. Name of Landlord: How Long at this Address: Landlord's 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 APPLICANT: Present Employers Name: _ Address and Telephone No.: How long with Present Employer: State Zip Telephone No. Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number: Previous Employers Name: _ Address and Telephone No.: How long with Previous Employer: CO -TENANT: Present Employers Name: _ Address and Telephone No.: How long with Present Employer: (17 -CPS -01695/1351837/ 1) Page 24 of 49 Job Title: Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: NAMES OF ALL WHO OCCUPY UNIT 2. PERSONAL REFERENCE (Not Relatives) I . Name: 2. Name: Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Monthly $ Job Title: BIRTH DATE SEX AGE SOCIAL SECURITY Address: How Long Known:_ Address: How Long Known:_ [17 -CPS -01895/1351837/11 Page 25 of 49 Date Date APPENDIX B, EXHIBIT B AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Security Number: Co -Tenant's Name: Social Security Number: Present Address: Street City State Zip Telephone No. I hereby make application for a unit at: 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 from income pensions, stocks, bonds, real property rent, sale, or ownership is a fraudulent act punishable by law. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Comp Welfare Food Stamps Social Security Soc 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 Auolicaut Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay $ $ $ $ $ $ $ $ $ $ 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. 1 understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I [17 -CPS -01695/1351837/11 Page 26 of 49 am not required to surrender my ownership or rights or claimed property, pensions, or capital gains, etc. I authorize release of income related information for the purposes of validating reported income. PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. 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, WORKFORCE, OR GAP 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, WORKFORCE, OR GAP HOUSING UNIT. Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Signature of Co-Tenant/Applicant (17 -CPS -01895/1351837/1] Page 27 of 49 Date Date Date APPENDIX B. EXHIBIT C AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME CERTIFICATION (FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER) APPLICANT: Present Employer: Address: Street City State Zip I, on this certification form. (Applicant) Signature of Applicant STATE OF FLORIDA ) ) as COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced identification, Witness my hand and official seal this 20 (notary seal) My Commission Expires: Job Title: hereby authorize the release of the information requested day of , Notary Public as 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 WORKFORCE UNIT. [17 -CPS -01895/1351837/1) Page 28 of 49 APPLICANT INCOME CERTIFICATION FORM - EMPLOYER CERTIFICATION (I for each applicant with income) Business or Employer Name: Business or Employer Address: Business or Employer Phone Number: Name of person at business completing this form: Position of person completing this form (Le, supervisor, human resources) Applicant's Gross Annual Income or Rate of Pay: Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor/Information Provider Date STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by . Who is personally known to me or has produced as identification. Witness my hand and official seal this day of 20_. (notary seal) Notary Public My Commission Expires: 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 WORKFORCE UNIT. [17 -CPS -01695/1351837/1 ] Page 29 of 49 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92. 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 12-02-04 and if the request has been approved, state the Ordinance number 05-63, as amended by 08-38. 3. Gross density of the proposed development. 10.89 Gross acreage of the proposed development. 9.92 4. Are Affordable Workforce 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. Cirrus Pointe RPUD, located at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive 5. Name of applicant: Macie Creek Ltd Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. [17 -CPS -01 695/1351837/11 Page 30 of 49 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 108 Other Bedroom TOTAL 108 TABLE II Number of Affordable Workforce Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL [17 -CPS -01695/1351837/11 In accordance with LDC Section 2.06.03.D. — All owner occupied Page 31 of 49 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom _ 3 Bedroom 44 44 Other TOTAL 44 In accordance with LDC Section 2.06.03.D. — All owner occupied LOW INCOME 51-60% MI Efficiency 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL _ VERY LOW INCOME 50% OR LESS MI Efficiency _ 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL _ [17 -CPS -016951135183711] Page 32 of 49 7. Please provide a physical description of the Affordable Workforce units by type of unit (very low income, low income, workforce income, gap 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 as Exhibit "D" if needed. CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 44 Workforce Housing Units in the Cirrus Pointe PUD. These Workforce Housing Units will be comprised of 44 three-bedroom Units. All Workforce Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated Workforce Housing Units will be offered as moderately priced multi -family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. [17 -CPS -01 695/1351837/11 Page 33 of 49 ALTERNATIVE B (Rental Units) APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS Single Multi Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL [I 7 -CPS -01 695/1351837/11 Page 34 of 49 BASE RENT Single Multi Family Family LOW INCOME (51%-60% MI) OR LESS Efficiency 1 Bedroom _9_ 784 2 Bedroom _19_ 942 3 Bedroom _16_ 1087 4 Bedroom TOTAL 0 44 The unit mix may change +/- 30%, so long as the number of units is at least 44. VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (4) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (6) Gross residential density of this development (including Affordable Workforce housing density bonus units) 10.89 units/acre. (7) Percentage of Affordable Workforce housing units pledged by the developer (as a percent of the total number units in the development) 40% . [17 -CPS -01685/1351837111 Page 35 of 49 APPENDIX A, EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct Affordable Workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The Affordable Workforce housing density bonus rating system shall be used to determine the amount of the Affordable Workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the Affordable Workforce housing density bonus rating system, Table A, below, shall be used. Table A 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 (very low, low, workforce, or gap) of the Affordable Workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of Affordable Workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum Affordable Workforce housing density bonus (AWHDB) available to that development. Developments with percentages of Affordable Workforce housing units which fall in between the percentages shown on Table A shall receive an Affordable Workforce 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 Workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as Affordable Workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an Affordable Workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the Affordable Workforce housing density bonus exceed eight (8) dwelling units per gross acre. [17 -CPS -01695/1351837/1) Page 36 of 49 APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE WORKFORCE HOUSING Household Product Income (% median 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI ,owner -occupied only "May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. (17 -CPS -01695/1351837/11 Page 37 of 49 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS MEDIAN INCOME 2017 $68,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY Category Percentage Category Rent Limit by Number of Bedrooms (Incl. Income Limit by Number of Persona in Household Extremely Low 30% $366 Name $471 1 2 3 4 5 6 7 8 9 10 Extremely Low 30% $14,640 $16,740 $18,840 $20,910 $22,590 $24,270 $25,950 $27,630 $29,274 $30,947 Very low 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 $48,790 $51,578 Low 60% $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 $58,548 $61,894 Workforce 80% $39,040 $44,640 $50,240 $55,760 $60,240 $64,720 $69,200 $73,680 $78,064 $82,525 Median 100% $48,800 $55,800 $62,800 $69,700 $75,300 $80,900 $86,600 $92,100 $97,580 $103,156 Moderate 120% $58,560 $66,960 $75,360 $83,640 $90.360 1 $97,080 1$103,800 1 $110,520 1 $117,096 $123,787 08P 150% 573,200 $83,700 1 $94,200 $104,550 1 $112,950 1 $121,350 1 $129,750 1 $130,150 1$146,370 1$154,734 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 2017 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 30% FAMILY INCOME Category Name Percentage Category Rent Limit by Number of Bedrooms (Incl. utilities) Efficiency 1 2 3 4 Extremely Low 30% $366 $392 $471 $543 $606 Very Low 50% $610 $653 $785 $906 $1,011 Low 60% $732 $784 $942 $1,087 $1,213 Workforce 80% $976 $1,046 $1,256 $1,450 $1,618 Median 100% $1,464 $1,569 $1,884 $2,175 $2,427 Moderate 1209% $1,464 $1,569 $1,884 $2,175 1 $2,427 Gap 150% $1,830 $1,959 1 $2,355 1 $2,718 1 $3,033 (17 -CPS -01695/1351837/1) Page 38 of 49 Location LOCATION Naples and Coastal Collier County Immokalee and East of UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Utility Allowances may be updated based upon a utility allowance study approved by Florida Housing Finance Corporation. [17•CPS•01695/1351837111 Page 39 of 49 APPENDIX B. EXHIBIT A APPLICATION FOR AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT (If there are more than two income earning household members, please complete additional forms) Date Occupancy Desired: Date of Application: Amt. of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name: Race/National Origin: Handicap: Yes No _ Present Address: Street City State Zip Telephone No Name of Landlord: Landlord's Address: Street City State Zip How Long at this Address: _ Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City APPLICANT: Present Employers Name: Address and Telephone No.: _ How long with Present Employer: State Zip Telephone No. Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: CO -TENANT: Present Employers Name: [17 -CPS -01695/1351837/11 Page 40 of 49 Job Title: Address and Telephone No.: How long with Present Employer: Gross Salary: Hourly $ Weekly $ Every 2 Weeks Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: NAMES OF ALL WHO OCCUPY UNIT 4. 5. 6. PERSONAL REFERENCE (Not Relatives) 3. Name: 4. Name: Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Job Title: Monthly Job Title: BIRTH DATE SEX AGE SOCIAL SECURITY Address: How Long Known:_ Address: How Long Known:_ [17 -CPS -01695/1351837/11 Page 41 of 49 Date Date APPENDIX B. EXHIBIT B AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co -Tenant's Name: Present Address: Street City State I hereby make application for a unit at: Security Number: Social Security Number: 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 from income pensions, stocks, bonds, real property rent, sale, or ownership is a fraudulent act punishable by law. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Comp Welfare Food Stamps Social Security Soc 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 Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay 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 determine my qualification to buy an affordable housing unit. I understand that I 117 -CPS -01695/1351837/1) Page 42 of 49 am not required to surrender my ownership or rights or claimed property, pensions, or capital gains, etc. I authorize release of income related information for the purposes of validating reported income. PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. 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, WORKFORCE, OR GAP 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, WORKFORCE, OR GAP HOUSING UNIT. Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Signature of Co-Tenant/Applicant [17 -CPS -W69511351837/1) Page 43 of 49 Date Date Date APPENDIX B, EXHIBIT C AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME CERTIFICATION (FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER) APPLICANT: Present Employer: Job Title: Address: Street City State Zip 1, , hereby authorize the release of the information requested on this certification form. (Applicant) Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced identification. Witness my hand and official seal this 20 (notary seal) day of LJ Notary Public My Commission Expires: 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 WORKFORCE UNIT. [17 -CPS -01695/1351837/11 Page 44 of 49 APPLICANT INCOME CERTIFICATION FORM - EMPLOYER CERTIFICATION (I for each applicant with income) Business or Employer Name: Business or Employer Address: Business or Employer Phone Number: Name of person at business completing this form: Position of person completing this form (i.e. supervisor, human resources) Applicant's Gross Annual Income or Rate of Pay: Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor/Information Provider Date STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by . Who is personally known to me or has produced as identification. Witness my hand and official seal this day of 20 (notary seal) 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 WORKFORCE UNIT. [17 -CPS -01695/1351837111 Page 45 of 49 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Division. All items requested must be provided. I . Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92. 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 12-02-04 and if the request has been approved, state the Ordinance number 05-63. as amended by 08-38. 3. Gross density of the proposed development. 10.89 Gross acreage of the proposed development. 9.92 4. Are Affordable Workforce 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. Cirrus Pointe RPUD located at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive 5. Name of applicant Macie Creek Ltd Name of land developer if not the same as Applicant: [17 -CPS -01695/1351837/11 Page 46 of 49 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom 18 Two Bedroom 48 Three Bedroom 42_ Other Bedroom TOTAL 108 The unit mix may change +/- 20%, so long as the number of units does not exceed 108. TABLE II Number of Affordable Workforce Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom _ Other _ 117 -CPS -01695/1351837/11 Page 47 of 49 TOTAL WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 51-60% MI Efficiency I Bedroom 9 9 2 Bedroom 19 19 3 Bedroom 16 16 Other TOTAL 44 44 The unit mix may change +/. 30%, so long as the number of units is at least 44. VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom _ 2 Bedroom [17 -CPS -01695/1351837/1) Page 48 of 49 3 Bedroom Other TOTAL 7. Please provide a physical description of the Affordable Workforce units by type of unit (very low income, low income, workforce income, gap 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 as Exhibit "D" if needed. CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 44 Affordable Workforce Housing Units in the Cirrus Pointe PUD. These Affordable Workforce Housing Units will be comprised of a mixture of 1, 2, and 3 bedroom Units. The I bedroom units will have a minimum air conditioned square footage of 650 square feet, the 2 bedroom units will have a minimum air conditioned square footage of 900 square feet, and the 3 bedroom units will have a minimum air conditioned square footage of 1,050 square feet. All Affordable Housing Units will be rented to tenants as multi -family units. Each unit will come standard with carpet and vinyl floors, refrigerator, dishwasher, stove, washer/dryer hook-up, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. Parking will be provided for each unit. The entire community will consist of up to 108 multi- family units and the units. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. [17 -CPS -01695/1351837/11 95715683 v7 Page 49 of 49 INN ORDINANCENO.05- 63 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD-R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD-R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields, petitioned the Board of County Commissioners, in Petition Number PUDZ-2004-AR-6906, to change the zoning classification of the herein described real property. 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 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF -6 Zoning District with BMUD-R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning District with BMUD-R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow for a multi -family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 32 units designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004.41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 Exhibit B SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier f " County, Florida, this ".% day of C A??11./) ''2005. ATTEST: .vICr.HT B;BR„ c,C MRK Atte, ��'C0 imp'S f 7pfidt4�;;w1� Approved as to Form and Legal Sufficiency: Marjori . Student -Stirling Assistant County Attorney PUDZ-20x4-AR-6906/KD/sp —4_tiaQlyre Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: � W. FRED W. COYLE, CHAI AN This ordinance filed with the ecretary of State's Office the al S— day of6lCA1�C and acknowledgeme that filin receiv d this 05 day of ey a.run b.k CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2. 2004 DATE REVISED October 29. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-63 TABLE OF CONTENTS PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN g SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 0 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS iii STATEMENT OF COMPLIANCE The development of approximately 9.92± acres of property in Collier County, as a Planned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units/per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Proiect Within the Urban Coastal Fringe Subdistrict Base Density 4 dwelling units/acre Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density = 10.89 dwelling units/acre Maximum permitted units = 9.92 acres x 11 dwelling units/acre = 109 units Requested dwelling units = 108 All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development. Code. 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 the Cirrus Pointe Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.3 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. '.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF -6 Zoning with BMUD-R2 Overlay and is proposed to be rezoned to RPUD with the BMUD-R2 Overlay. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #7 — Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid -story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi -family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 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 tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. B. 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. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configurations and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT-OF-WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. 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 subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi -family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cines Pointe RPUD. 10 RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main/Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI -FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25'(3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' Minimum Floor Area 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi -family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. B. Off -Street Parkin o and Loading Requirements Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements• 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on-site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. The owner/developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Reguirements• If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally -designed shingles (such as Timberline). F. Si ns Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas, 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. 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 RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90-10, as amended. 5.7 UTILITIES W A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. C. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4 -inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4 -inch force main, connection to either the 12 -inch force main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC A. All traffic control devices, 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. All other improvements shall be consistent with and as required by the Collier County Land Development Code. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site -related improvements (as opposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01-13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order 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 Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. If any required tum lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer 17 and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6 -foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. N. Prior to approval of the site development plan, the owner shall deed over the right-of-way easement located at the southwest comer of the subject property to Collier County. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation/preservation areas shall be designated' as preserves on all construction plans and, if the project is platted, shall be recorded on the 18 plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to Environmental Services Staff for review and approval prior to site development plan approval. 19 All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 20 r—' ni 1 N;j m toh lob r—' f » » I Prepared by: Patrick G. White Ass't. Collier County Att'y. 3301 Tamiami Trial East Naples, Fl. 34112 RESTRICTIONS ON REAL PROPERTY This space for recording THIS AGREEMENT is made as of the day of 2005, by and between James J. Fields (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable Units constructed by Developer shall be 32 , representing 30 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 RECEIVED Rev 9/3/2003 Page 1 of 30 JUL 2 5 2005 "MNG SEItiVtCESCt[ A TMENT Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be 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 78 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 grant of the density bonus of 7.89 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 follows: 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 32 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix 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 § 2.06.04 'Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown ori 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 Page 2 of 30 development plan, the construction of buildings or structures in a clearly 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 median income. (3) Eliaibility and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, 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 Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and Page 3 of 30 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 Financial Administration and Housing 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 § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verity 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, attached to the Affordable Housing Applicant Income Verification form, including 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 one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 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 Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to 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 Page 4 of 30 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 Financial Administration and Housing Department as shown in Appendix B, Exhibit C, 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 § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing 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 § 2.06.00, 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 Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing 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 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = Page 5 of 30 density bonus units per acre X gross acreage) of 11.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 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 Financial Administration and Housing 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 § 2.06.00 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 Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00 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 § 2.06.00, 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. Page 6 of 30 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 § 2.06.00, 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 § 2.06.00, 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 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: Page 7 of 30 To the Commission:. Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, FL 34110 With copy to: 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 Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnity. 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 attorney'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 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. Page 8 of 30 12. Recording. This Agreement shall be recorded at County'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 as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only 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 for which it is liable in the purchase and sale 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 Page 9 of 30 place in more than one phase, all physical amenities as described in item number 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 30 percent affordable housing units for this project, with 30 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. Preapolication. Developer has executed and submitted to the Page 10 of 30 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved aq t� form and legal sufficiency: Patrick G. W ite Assistant County Attorney Page 11 of 30 Witnesses: J7y� DEVELOPER: Witness Printed Name 44' 'ern, L. e�Cr TER�n1 i5'1"��Z� Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) M 1Ld---4r,L Fi e=,—DS The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by -.AMES I h #Ec P5 as 0L44;rQ ) bEVC(epr"Z of C i a 21-+5 'PO lov'—jc who is personally known to me or has produced as identification. WITNESS my hand and official seal this . 5215r day of 7t.4,L Y 2005. �rawM My Commission Expires: 3i -2-G()4& Page 12 of 30 LL-7<7>Le.✓C otary. blic EXHIBIT A LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." Page 13 of 30 APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 21 4 Bedroom 0 TOTAL 0 21 VERY LOW INCOME (50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 11 4 Bedroom 0 TOTAL 0 11 VERY -VERY LOW INCOME (25%-50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Page 14 of 30 4 Bedroom 0 TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable housing density bonus units) 10.89 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 30 %. Page 15 of 30 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, 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 the tables with which to calculate the density bonus for a particular project. Exhibit C contains the 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 Page 16 of 30 units per gross acre. 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 RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80% MI= MODERATE (OWNER -OCCUPIED, 0 1* 1* SINGLE-FAMILY) 60% MI= LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI= 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 ACREI AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 17 of 30 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, 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. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 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 30% FAMILY INCOME Page 18 of 30 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 1 $549 $635 $708 2 5% $327 $392 $453 $506 Page 18 of 30 Page 19 of 30 UTILITY ALLOWANCES ONE B/R TWO B/R THREE BIR 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. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 19 of 30 APPENDIX B. 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 Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's 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 Telephone No. Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer:_ Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer _ CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: State Zip Telephone No. _ Job Title Every 2 Weeks $ Monthly $ Birth Date --- Job Title Job Title Page 20 of 30 Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Previous Employers Name Address and Telephone No., Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTHDATE SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 21 of 30 APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co -Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at 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 determine 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. Page 22 of 30 Auolicant 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 $ $ $ $ Page 22 of 30 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 23 of 30 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Street I, (Applicant) on this certification form. Job Title: City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) My Commission Expires: Page 24 of 30 as Notary Public 2005. 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 Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by. Who is personally known to me or has produced identification. Witness my hand and official seal this __ day of (notary seal) as 2005. 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 25 of 30 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Administration and Housing Department. All items requested must be provided. A copy must also be provided to the Financial 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD -9.92 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 12-2-04 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 10.89 units/acre. Gross acreage of the proposed development. 9.92 acres. 4. 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. Cirrus Pointe PUD located and the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: _N/A 6. Please complete the following tables as they apply to the proposed development. Page 26 of 30 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE 11 Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner MODERATE INCOME Rental Occupied Rental Occupied 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 0 0 Page 27 of 30 LOW INCOME 60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50%MI Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 —0- 0 p 0 p 22 22 0 p 22 22 0 0 0 10 0 10 0 0 0 10 0 10 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 Page 28 of 30 additional pages as Exhibit "D" if needed. (See Attached) 8. 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 if needed. Page 29 of 30 APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus Pointe PUD. These Affordable Housing Units will be comprised of 10 three-bedroom Very Low Income (50% of Median Income) and 22 three-bedroom Low Income (60% of Median Income) Units. All Affordable Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house additional storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated Affordable Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. Page 30 of 30 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 2005-63 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK Clerk of Courts an =. � e '7-`ftw Ex -officio to Board' of County Commissigh '- By: Ann J pejo Deputy Clerk -4" + ORDINANCE NO. 08- 38 ORDINANCE AMENDING ORDINANCE NO. 2005-63, TO INEFLECT CONSIDERATION AND APPROVAL OF AN AMENDED VAND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI- FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick G. White, of Porter Wright Morris & Arthur, LLP, representing James Fields, petitioned the Board of County Commissioners, to amend the previously approved Affordable Housing Density Bonus Agreement to reflect a revision from 32 to 44 affordable housing units now being designated as workforce housing instead of low or very low-income, without changing the total number of developable units (108) or the density of such development previously approved as part of Ordinance No. 2005-63. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF:..COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ! SECTION ONE: ., That Ordinance 2005-63 is amended and revised to reflect that development of :this project will be for qualified residents that will include a maximum of 44 affordable housing units designated as workforce housing units. The amended and restated Affordable Housing Density Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement previously approved as an attachment to Ordinance No. 2005-63. Words ugh are deleted; words underlined are added. Page 1 of 2 ------- Exhibit C SECTION TWO: All other provisions of Ordinance Number 2005-63 are unchanged by this Ordinance and shall remain in full force and effect, specifically including all portions of the Cirrus Pointe Residential Planned Unit Development Regulations and Supporting Master Plan, which are unaffected by this Ordinance or its attached Exhibit "A." SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AN.D�,DU[Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this GG day of 71&I4_ 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK COLLIER CO Y F RIDA 0cl. BY: OBr uty erk TOM HENNING Chairman APpmyed •as• tQ fioam and Assistant County Attorney N"LM555]]6 v.01 t ritCQ Wl� the $ggpatary of tote's t gy arKf��jeelu+owi that oflLJlQisLit� day Words Mmek4keugh are deleted; words underlined are added. Page 2 of 2 This space for recording AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE -WORKFORCE HOUSING THIS AMENDED AND RESTATED AGREEMENT is made as of the Ii of 2008, by and between James J. Fields (the "Developer") and the Collier G unty Board of County Commissioners (the "Commission"), collectively, the "Parties," and replaces the prior. original Agreement in its entirety. RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The 'Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable -workforce housing units constructed by Developer shall be 32 44 , representing 38 forty (40) percent of the total number of residential Units approved in the development. or 56.4 percent of the approved bonus units. Page 1 of 31 4112/06 underlined text is added, sfraek-tkaugh text is deleted Egkibt E A 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 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be 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 78 bonus Units on the Property, if the Developer agrees to construct affordable, workforce, and gap Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 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 follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that he it shall construct up to _32 44 afferdable units, not to exceed 40 % of the approved residential density as affordable -workforce housing units, which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix 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, workforce and gap 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 un erli ed text is added, WHO'k-tMengH text is deleted Page 2 of 31 applicability of LDC § 2.06.04 "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 clearly 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 median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low. low. Federate workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the Housing and Human Services Department, The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to underlined text is added, stFuelE through text is deleted Page 3 of 31 and -Housing and Human Services Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Aoolication. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low; workforce income family for the purpose of owning and occupying an affordable -workforce housing unit pursuant to the affordable_ workforce housing density bonus program. The Preliminary Application for affordable_ workforce housing unit shall be provided by and -Housing and Human Services Department, as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable -workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (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, attached to the affordable -workforce housing applicant Income Verification form, including 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 one hundred eighty (180) days prior to occupancy. underlined text is added, 6WHOk-kkreugh text is deleted Page 4 of 31 Upon expiration of the 180 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 -workforce housing Applicant Income Verification form shall be provided to the Housing and Human Services Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable -workforce housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable_ workforce 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 -workforce housing unit under the affordable -workforce housing density bonus program. The affordable -workforce Housing Applicant Income Certification form shall be provided by the €inaasial Housing and Human Services Department as shown in Appendix B, Exhibit C, 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 (.DC § 2.06.00, may be conducted by the FiRanGial Administfation and Housing and Human Services Department upon reasonable notice. (4) Annual Progress and Monitoring Report The Developer shall provide the Housing and Human Services Department an annual progress and monitoring report regarding the delivery of affordable -workforce 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 underlimi text is added, straek-tkret+gh text is deleted Page 5 of 31 to insure compliance with LDC § 2.06.00, 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 FiRandal Administration and Housing and Human Services Department. Failure to complete and submit the monitoring report to the Housing and Human Services 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 -workforce 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 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 44-89 10.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 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 Human Services 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, workforce, or pap Unit. 5. Violations and Enforcement underlined text is added, swusk 111FOUgh text is deleted Page 6 of 31 a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable -workforce housing unit provided under the affordable -workforce 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 Human Services Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. 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 § 2.06.00, 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 -workforce units in accordance with this Agreement or LDC § 2.06.00, 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 § 2.06.00, 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 underlined text is added, skuelt-threuglt text is deleted Page 7 of 31 duties, obligations, or promises under this Agreement to any successor in interest to the 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: Collier County Housing and Human Services Department 3301 East Tamiami Trail Building H Suite 211 Naples, Florida 34111204 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, Florida 34110 With copy to: 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 Human Services Department or its designee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added, stfuA414foogh text is deleted Page 8 of 31 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 attorney'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 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 County's expense in the official records of Collier County, Florida. 13, Entire Aareement. 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, workforce, or gap housing unit shall be restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. underlined text is added, ORA threagh text is deleted Page 9 of 31 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 - workforce 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 -workforce housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable -workforce units. e. The affordable -workforce 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, workforce, and gap 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 -workforce housing Density Bonus shall be the same for market rate units and affordable -workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable -Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable -workforce 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, workforce. and gap units are the same within each phase and provided that in no event may a market rate unit or affordable -workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable -workforce housing units to which underlined text is added, SOMA -threugh text is deleted Page 10 of 31 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 30 4o percent affordable -workforce housing units for this project, with 30 40 percent of the units in each phase consisting of affordable= workforce units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable -workforce housing unit or units, which units in the development are designated as affordable -workforce 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 -workforce housing units and the amount of affordable -workforce housing density bonus approved for the development. 20. Affordable -Workforce 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 -Workforce 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 underlined text is added, stpoeir threbigh text is deleted Page 11 of 31 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. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT- CK'Clerk A. p •:, � _ ,. Clerk a 1<tgn>ttMn. ODIC.: BOARD OF COUNTY COMMISSIONERS COLLIEOLIN ,FLORIDA By: TTom Henning, CHAIRIAN Apprgved as to form and legal sufficiency: di � (to Assistant County Attorney underlined text is added, 61RIGIE 14BUgN text is deleted Page 12 of 31 C, 1.'& Witness PriAted Name Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) DEVELOPER: By: C Ci FNri cu, The foregoing First Amendment to Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was a nowledged b fore me by as GL`C L who11" VIA �5 is personally known to me or has produced as identification WITNESS my hand and official seal this My Commission Expires: RaRMLE APNIATOpE W MI A113910N 10011 M EXPIRES: J* 1, 2009 Iiaq�AiM1uuemyPuhNolYgxwMn underlined text is added, strask-tgFeugh text is deleted Page 13 of 31 Notary Public EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof, as recorded in Plat Hook 1, at Page 27-A, of the Public Records of Collier County, Florida. underlined text is added, seek-tpreuO text is deleted Page 14 of 31 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE -WORKFORCE HOUSING UNITSlMONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 44 4 Bedroom 0 TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom —24– 2 underlined una lined text is added, etruel( thwugp text is deleted – Page 15 of 31 4 Bedroom TOTAL 0 -2} VERY LOW INCOME (50% OR LESS MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 447 [DL744=6 TOTAL 0 4- (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of affordable -workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable -workforce housing density bonus units) 10.89 units/acre. (5) Percentage of affordable -workforce housing units pledged by the developer (as a percent of the total number units in the development) N %. underlined text is added, 51MA-411reugk text is deleted Page 16 of 31 APPENDIX A. EXHIBIT B AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable -workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median 'income and acceptable rents for low and very low, workforce, and gap income households in Collier County. The affordable -workforce housing density bonus rating system shall be used to determine the amount of the affordable -workforce housing density bonuses which may be granted for a development based on household income level, number of bedrooms peF aMrdable housing unit, type of a&r-dable heusing units (owner eertapied or fental, single family or multi fiHnil)4 and percentage of affordable, workforce, and gap housing units in the development. To use the affordable -workforce housing density bonus rating system, Tables A and -14, below, shall be used. Tables A en", 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 (rnederete, low, eF-very low, lew-workforce, or "a ) of the affordable -workforce housing unit(s) proposed in the development, and the type e ..4Y'..,.dable heusi.,.. nits (e.....e.- a ied or ewal single P, my multi f ..,:1.. ..,1.e..e e ile applieWs) to be as shown in Table A. ThOft, _er ....i..,.. _ to Table " eheese the Rumhff ef hedreems pFopesed far the afferdable housing twit(s). An affefdable housing density beaus fMing based on the household ifteeme level and the number- of bedreems is shown in Table A.. _ :..." Next, determine the percent of that type of affordable -workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the develoRment. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable - workforce housing density bonus (AWHDB) available to that development. Developments with percentages of affordable -workforce housing units which fall in between the percentages shown on Table 8 A shall receive an affordable -workforce 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 -workforce housing rental units in the development. For example, a development which has 241/o of its total residential dwelling units as affordable - workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable -workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added, seuek-threuglr text is deleted Page 17 of 31 en level of ineeme on, ......... ........ than ..,.e type of &.rcorvcvxv--novanrb^oak (based density beaus fer earsh type shall be ealeulated separately in Table B. After- the amfdable housing density benus ealetila4ions fef- eaeh type of aff8rdable hatising unit have been eempieted in T- 13 the affefdable heusing demity boner, &r earah type of unil shall be added te these fef the ethef development. In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling units per gross acre. underlined text is added, stmek thmmgk text is deleted Page 18 of 31 APPENDIX A. EXHIBIT B AFFORDABLE--WD-RKEOR M HOUSING Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING [prior table deleted, current table followsl MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE -WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner -occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density+ Affordable -Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. underlined text is added, afmak tpreugh text is deleted Page 19 of 31 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, 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. MEDIAN INCOME 2007 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY (prior table deleted, current table follows] 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 30% FAMILY INCOME ►prior table deleted, current table follows] 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 . 13,950 15,700 17,450 18,850 20,250 21,650 23,025 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 30% FAMILY INCOME ►prior table deleted, current table follows] underlined text is added, siraek-through text is deleted Page 20 of 31 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 1 $785 $907 $1,012 35% $458 $549 $635 $708 25% 1 $327 $392 $453 $506 underlined text is added, siraek-through text is deleted Page 20 of 31 underlined text is added, stmek 01IM911 text is deleted Page 21 of 31 UTILITY ALLOWANCES ONE B/R TWO B/R THREE Wit 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. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. underlined text is added, stmek 01IM911 text is deleted Page 21 of 31 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name Race/National Origin: Handicap: Yes _ No Present Address: Street City Name of Landlord Landlord's Address: 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 Name of Previous Landlord Zip Telephone No. Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $` Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer CO -TENANT: Present Employers Name Address and Telephone Is Job Title How long with Present Employer: Job underlined text is added, stwek-tpreugk text is deleted Page 22 of 31 Gross Salary: Hourly $,_ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Job Birth Date NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. 3. T PERSONAL REFERENCES (Not Relatives) 1. Name: 2. Name: Address: How Long Known: Address: How Long Known: underlined text is added, slraeek-tkre"4 text is deleted Page 23 of 31 APPENDIX B, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Tenant's Name: Present Address: Social Security Number Social Security Number Street City State Zip Telephone No. I hereby make application for a single family unit at 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 determine my qualificatio that I am not required to capital gains, etc. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Compensation n to buy an affordable, workforce. or eap housing unit. I understand surrender my ownership or rights or claimed property, pensions or Welfare Food Stamps Social Security Social Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits underlined text is added, AFROk ihfeugk text is deleted Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay $ $ $ $ $ $ $ $ $ $ $ $ Page 24 of 31 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, WORKFORCE, OR GAP 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, WORKFORCE, OR GAP HOUSING UNIT. underlined text is added, stmele tlxeugM text is deleted Page 25 of 31 APPENDIX B, EXHIBIT C AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Job Title: Street City State zip I, hereby authorize the release of information requested (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: underlined text is added, sfM& !hreugh text is deleted Page 26 of 31 Signature of Applicant day of M Notary Public 2008. 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 Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by. Who is personally known to me or has produced identification. as Witness my hand and official seal this day of '12008. (notary seal) Notary Public My Commission Expires: 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 -WORKFORCE UNIT. underlined text is added, sttuek-tkFough text is deleted Page 27 of 31 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE_ HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Human Services Department. All items requested must be provided. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and can housing Density bonus? X Yes No If yes, state date of application 12-2-04 and if the request has been approved, state the Ordinance number 05;63. 3. Gross density of the proposed development. 10.89 units/acre Gross acreage of the proposed development. 9.92 acres 4. Are affordable -workforce 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. Cirrus Pointe RPUD located amd at the northeast comer of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added, rOeeIEthreugh text is deleted Page 28 of 31 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE II Number of Affordable- Workforce Housing Units [prior table deleted, current table followsl Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Owner Owner Rental Occupied Rental Occupied 0 In accordance with LDC Section 2.06.03.D. — All owner occupied underlined text is added, struck-tpreegh text is deleted Page 29 of 31 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 44 In accordance with LAC Section 2 06 03 D All owner occupied 44 44 LOW INCOME 51-60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other IRA TOTAL 0 0 underlined text is added, stsuek4kFaugh text is deleted Page 30 of 31 7. Please provide a physical description of the affordable -workforce units by type of unit (MedeFate, le�v; very low income, low income, workforce income gap 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 as Exhibit "D" if needed. (See AP4TS� CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 32 A€ferdable 44 Workforce Housing Units in the Cirrus Pointe PUD. These Afferdable Workforce -Housing Units will be comprised of 4.0 44 three-bedroom e efMedian Ifleeme) and 22 three bedFeem Low Ineefae (609; Of Median fneeme) Units. All A€fefdable Workforce Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated A€fardable Workforce Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and can housing density bonus for this development. Attach additional pages if needed. underlined text is added, stFaek-threugk text is deleted NAPLE95.5t:13¢ I A Page 31 of 31 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 2008-38 Which was adopted by the Board of County Commissioners on the 22nd day of July, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2008. DWIGHT E. BROCK J^, Clerk of Courts and 'Clerlk Ex -officio to B.gar`bf County' ,CommissiQn4s By: Ann Jennejohn, Deputy Clerk Com er Co�r�..H.ty Growth Management Department Zoning Division, Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP,, RLA, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: July 12, 2017 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI-PL20170001626 (REV 1) PETITION NAME: Cirrus Pointe Residential Planned Unit Development Insubstantial Changes (PDI) REQUEST: To amend the Cirrus Pointe Residential Planned Unit Development (RPUD), as amended, to reduce the dwelling unit minimum square feet requirement. Also, to amend the PUD's companion Affordable Housing Density Bonus Agreement to allow for rental units in addition to the already allowed unit ownership. LOCATION: The 9.92 -acre site is located on the northeast corner of the Bayshore Drive/Thomasson Drive intersection, in Section 14, Township 50 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, and is within the Bayshore/Gateway Triangle Redevelopment Overlay, as depicted on the Future Land Use Map and described in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Relevant to this petition, this designation allows an affordable housing project at a maximum density of 11 dwelling units per acre (DU/A) or 109 DUs, subject to the provisions of Section 2.06.00, Affordable Housing Density Bonus, of the Collier County Land Development Code. The existing PUD is approved for 108 DUs (10.89 DU/A). This petition is for an Insubstantial change to the PUD (PD1) to reduce the minimum dwelling unit square feet requirement (and to amend the companion Affordable Housing Density Bonus Agreement to allow for rental units in addition to the already allowed unit ownership). No changes to the PUD boundary, or in permitted uses, densities, or intensities are being requested. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as sel, forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety.) 2800 North Horseshoe Drive, Naples, FL 34104 Page 1 of 2 Exhibit D FLUE Objective 7 and Relevant Policies Due to the minor changes proposed (no changes in permitted uses, densities, or intensities), and since the Cirrus Pointe RPUD was evaluated for consistency with the FLUE prior to adoption in 2005 and prior to approval of the 2008 amendment, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element. cc: Mike Bosi, AICP, Director, Zoning Division Ray Bellows, Manager, Zoning Services Section PDI-PL2017-0001626 Cirrus Pointe RI.docx PDI-PL2017-0001626 Cirrus Pointe R1 GACDES Planning servioeslConslstency Reviews120171PD1 dw17-12-17 2800 North Horseshoe Drive, Naples, FL 34104 Page 2 of 2 The NIM Notes will be provided after the NIM Meeting on August 10, 2017. Exhibit E August 9, 2017 Dear Planning Commissioners, On July 20, 2017, the Planning Commission (CCPC) recommended removing the off-site vegetation retention alternatives in LDC section 3.05.07 H.1.f. Following this request, staff revised the previously proposed LDC amendment to include the change for your review on August 17, 2017. In addition to your approval of the revised LDC amendment, it is staff’s opinion that a Growth Management Plan (GMP) amendment is necessary for the Board of County Commissioners (BCC) to implement the CCPC’s recommended change to the LDC. The CCPC’s recommendation represents a policy change that was not previously directed by the BCC. Therefore, it may be beneficial for the CCPC to include an alternative LDC amendment for the BCC’s consideration should the BCC elect to maintain the off-site preservation program. This alternative amendment should include at least the following three elements required by the GMP Conservation and Coastal Management Element (CCME), Policies 6.1.1 (10) and (13): 1. The ability to satisfy native vegetation preservation requirements through a monetary payment, land donation, or other appropriate method of compensation to a land acquisition program; 2. A deviation process from the off-site preservation regulations with a public hearing; and 3. An administrative deviation from the off-site preservation regulations. If the CCPC chooses to provide an alternative, staff believes that the previous draft of the LDC amendment, reviewed on July 20, 2017, and the revisions discussed at that meeting, may provide a starting point for an alternative recommendation. Please feel free to contact me if you have any questions. Sincerely, Jeremy Frantz, AICP Land Development Code Manager, Zoning Division jeremyfrantz@colliergov.net (239) 252-2305 Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 1 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff AMENDMENT CYCLE: 2016 LDC Amendment Cycle (Carry-Over) LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: This amendment eliminates the ability to satisfy on-site native vegetation retention requirements off site. REASON: Currently, LDC section 3.05.07 H.1.f establishes several options for compliance with the County’s native vegetation retention requirements: 1) On-site preservation; or 2) Off-site preservation through one of the following methods: a. Monetary payment with an exotics maintenance endowment, or b. Land donation with an exotics maintenance endowment. On July 7, 2015, Conservation Collier staff made several preliminary recommendations to the Board of County Commissioners (Board) for guidance prior to establishing more detailed changes to the program. The Board directed a review of these recommendations with the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and Development Services Advisory Committee (DSAC) to provide recommendations to: Increase the monetary payment to provide a land management endowment that lasts beyond seven years, and Consider removing the land donation alternative. Since that time, the Collier County Planning Commission (CCPC) reviewed recommendations from CCLAAC and DSAC over the course of several meetings. Both the CCLAAC and DSAC recommendations included provisions which established or modified the purpose and intent, applicability, PUD deviations, prohibitions, and increased the fees associated with the off-site preservation alternatives. Upon considering these recommendations, the CCPC made the following general observations about the off-site preservation program: The retention of native vegetation, even small areas, is highly valued by Collier County residents. The native vegetation retention requirements should be designed to promote on-site retention. The program should place more emphasis on encouraging the retention of the natural environment within urban developments. The CCPC expressed concern over the ability for developers to satisfy native vegetation retention requirements off site, the methodology used to revise the fees associated with the off-site preservation alternatives, and the ability to manage exotics in the rural areas of the County. As a Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 2 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx result, this amendment reflects the CCPC recommendation on July 20, 2017, to eliminate the ability for developers to satisfy native vegetation retention requirements off site. This amendment removes a reference to off-site preservation in 3.05.07 H.1.e, Created Preserves, and the off-site vegetation retention alternatives in LDC section 3.05.07 H.1.f. The off-site preservation alternatives are replaced with a prohibition on requests for deviations to allow for off- site preservation. CCLAAC & DSAC RECOMMENDATIONS: The CCLAAC and DSAC recommended changes to the LDC, as well as proposed fees for the off-site preservation alternatives. Changes to the purpose and intent, applicability, PUD deviations and prohibitions sections included similar recommendations from each Committee. However, the recommended changes to the off-site preservation alternatives differed between each Committee. These differences include the proposed land management costs, and fees for the monetary payment and land donation alternatives. Each Committee’s proposals for changes to the off-site donation alternatives are described below. CCLAAC Recommendations: 1)Land Management Costs: CCLAAC recommended using an annual estimated cost of $558 per acre to manage lands donated to Conservation Collier. This yearly management estimate was used to establish an endowment amount that ensures sufficient management funds for at least 20 years while also accounting for inflation and interest. The resulting land management endowment amount of $32,500 was incorporated in CCLAAC’s recommended fees for the monetary payment and land donation alternatives. 2)Monetary Payment Alternative: CCLAAC recommended that the monetary payment should be equivalent to 125% of the “post development appraised value” of the on-site preserve acreage. The following example was provided: If a development with a one acre preserve requirement received a post development appraisal of $300,000, the total fee associated with the monetary payment alternative would be $375,000. 3)Land Donation Alternative: CCLAAC recommended that the land donation fee incorporate the land management endowment and an initial exotic vegetation removal cost. Additionally, CCLAAC recommended a 4:1 ratio for land donations. The following table demonstrates the land donation fee for a project with a native vegetation requirement of one acre. Since a 4:1 ratio would apply to the donation, four acres would need to be donated, therefore, the fees are multiplied by four in the following table: Elements of Land Donation Fee Cost Per Donation Land management endowment ($32,500 x 4)$130,000 Initial exotic vegetation removal costs ($4,000 x 4)$16,000 Total $146,000 DSAC Recommendations: 1)Land Management Costs: DSAC recommended using the following estimates to manage lands donated to Conservation Collier: Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 3 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx Years 1-5 = $558 per acre Year 6 and ongoing = $141 per acre These yearly management estimates were used to establish an endowment amount that ensures sufficient management funds for at least 20 years while also accounting for inflation and interest. The resulting land management endowment amount of $13,200 was incorporated in DSAC’s recommended fees for the monetary payment and land donation alternatives. 2)Monetary Payment Alternative: DSAC recommended that the monetary payment incorporate the cost for Conservation Collier to purchase land, the land management endowment, and an initial exotic vegetation removal cost as shown in the following table: Elements of Monetary Payment Alternative Per Acre Cost Average cost to purchase land for Conservation Collier $32,800 Land management endowment $13,200 Initial exotic vegetation removal costs $4,000 Total $50,000 3)Land Donation Alternative: DSAC recommended that the land donation fee incorporate the land management endowment and an initial exotic vegetation removal cost as shown in the following table: Elements of Land Donation Fee Per Acre Cost Land management endowment $13,200 Initial exotic vegetation removal costs $4,000 Total $17,200 FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: Prior to adoption of this LDC amendment, a modification to GMP CCME Policy 6.1.1 is needed to remove the requirement to allow off-site vegetation retention and deviations from off-site vegetation retention standards. Amend the LDC as follows: 1 3.05.07 Preservation Standards 2 * * * * * * * * * * * * * 3 H. Preserve standards. 4 1. Design standards 5 * * * * * * * * * * * * * 6 e. Created preserves. Although the primary intent of GMP CCME Policy 7 6.1.1 is to retain and protect existing native vegetation , there are 8 situations where the application of the retention requirements of this 9 Policy is not possible. In these cases, creation or restoration of 10 vegetation to satisfy all or a portion of the native vegetation retention 11 requirements may be allowed. In keeping with the intent of this policy, 12 the preservation of native vegetation off site is preferable over Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 4 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx 1 creation of preserves. Created Ppreserves shall be allowed for 2 parcels that cannot reasonably accommodate both the required on- 3 site preserve area and the proposed activity. 4 * * * * * * * * * * * * * 5 f. Off-site vegetation retention. Prohibition of off-site preserves. 6 Requests for deviations to allow for off-site preservation are 7 prohibited. 8 i. Applicability. A property owner may request that all or a 9 portion of the Collier County on-site native vegetation 10 preservation retention requirement be satisfied offsite for only 11 the following situations and subject to restrictions listed below. 12 a) Properties zoned commercial where the on-site 13 preserve requirement is less than 2 acres in size. 14 b) Park sites where the on-site preserve requirement is 15 less than one acre in size. 16 c)Essential service facilities other than parks, for any 17 size preserves. 18 d) Preserves less than one acre in size. 19 e)Affordable housing projects. The maximum percent of 20 native vegetation retention allowed offsite shall be 21 equal to the percent of affordable housing units, 22 without limitation as to size of the preserve. 23 f) Existing or proposed preserves with 75 percent or more 24 coverage with exotic vegetation . Existing preserves 25 not previously overrun with this type vegetation and 26 which arrive at this state due to lack of management of 27 the preserve shall mitigate off site at a ratio of 2 to 1. 28 g) Created preserves which do not meet the success 29 criteria in 3.05.07 H.1.e.viii or where preserves have 30 not been planted in a manner which mimics a natural 31 plant community. 32 h) Preserves which do not meet the minimum dimensional 33 requirements of this section. 34 i) Portions of preserves located within platted single- 35 family lots . 36 j)Right of Way acquisitions to be conveyed or in the 37 process of being conveyed to the County by non- 38 governmental entities for all purposes necessary for 39 roadway construction, including ancillary drainage 40 facilities, and including utilities within the right of way 41 acquisition area. 42 k) All criteria listed for created preserves. 43 ii. Restrictions, when one or more of the following situations 44 occur. 45 a) Xeric scrub and hardwood hammocks which are one 46 acre or more in size, mangrove (excluding mangrove 47 fringes less than 40 feet in width on artificially created 48 shorelines ), coastal dune and strand environments, 49 and listed species habitat or corridors per the 50 requirements or recommendations of the FFWCC or 51 USFWS, shall not be allowed to have the on-site Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 5 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx 1 native vegetation preservation retention requirement 2 provided offsite. 3 b) Preserves shall remain onsite if located contiguous to 4 natural flowways required to be retained per the 5 requirements of the SFWMD, natural water bodies, 6 estuaries, government required preserves (not meeting 7 the offsite preservation criteria herein), NRPAs, or 8 contiguous to property designated for purchase by 9 Conservation Collier or purchased by Conservation 10 Collier, or contiguous to properties containing listed 11 species nests, buffers , corridors and foraging habitat 12 per the requirements or recommendations of the 13 FFWCC or USFWS. For the purpose of this section, 14 natural flowways shall also include those identified 15 during wetland permitting with applicable State and 16 Federal agencies, regional drainage studies, or surface 17 water management permits. 18 c) Remaining portions of on-site preserves must be a 19 minimum of one acre in size and shall not meet the 20 offsite criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) 21 above, unless preserved with higher quality habitat not 22 qualifying for the off-site native vegetation retention 23 alternative. 24 iii. Off-site Alternatives. Off-site native vegetation retention 25 requirements may be met by monetary payment or by land 26 donation. 27 a)Applicants shall make monetary payment to Collier 28 County. Such funds will be used by the County for the 29 purchase and management of off-site conservation 30 lands within the county. The monetary payment shall 31 be based on the location of the land to be impacted 32 and be equal to 125 percent of the average cost of land 33 in the Urban Designation or 125 percent of the average 34 cost for all other Designations, as applicable, as 35 defined by the FLUE, purchased by Collier County, 36 through the Conservation Collier program. This 37 monetary payment shall be made prior to the 38 preconstruction meeting for the SDP or final plat 39 construction plans. 40 b) In lieu of monetary payment, applicants may choose to 41 donate land for conservation purposes to Collier 42 County or to another government agency. In the event 43 of donation to Collier County, the applicant may acquire 44 and subsequently donate land within the project 45 boundaries of Winchester Head, North Golden Gate 46 Estates Unit 53, another multi- parcel project or any 47 other land designated by Conservation Collier donation 48 acceptance procedures. 49 Applicants who choose to donate land shall be required 50 to demonstrate that the land to be donated contains 51 native vegetation communities equal to or of higher Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term 6 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements-Conservation Collier\Draft LDCA\CCPC Recommendation\3.05.07 Preservation Requirements 7-20-17.docx 1 priority (as described in subsection 3.05.07 A.) than the 2 land required to be preserved onsite. In no case shall the 3 acreage of land donated be less than the acreage of land 4 required to be preserved onsite. Land donated to satisfy 5 the off-site vegetation retention requirement must be 6 located entirely within Collier County. Donations of land 7 for preservation shall be made to a federal, state or local 8 government agency established or authorized to accept 9 lands for the conservation and management of land in 10 perpetuity, subject to the policies and procedures of the 11 receiving entity. Lands donated to Collier County must 12 include a cash payment for management of the land. The 13 amount of this payment shall be equal to 25 percent of 14 the average cost of land in the Urban Designation or 25 15 percent of the average cost in all other Designations, as 16 applicable, as defined by the FLUE, purchased by Collier 17 County, through the Conservation Collier program. 18 Applicants shall provide evidence that donations of land 19 for preservation and endowments for management have 20 been accepted by and donated to the entity stated above, 21 at the time of the preconstruction meeting for the SDP or 22 final plat construction plans. Exotics shall be removed in 23 accordance with the time frames provided in 3.05.07 H.2. 24 State and Federal agency requirements for mitigation, 25 remediation and monitoring for the donated land shall be 26 the responsibility of the applicant . 27 iv. PUD zoning. Where the off-site native vegetation retention 28 alternative is used for portions of preserves not identified on a 29 PUD master plan, a PUD amendment is not required. 30 Preserves or portions of preserves identified on a PUD master 31 plan shall require an amendment to the PUD master plan to 32 use the native vegetation retention alternative, subject to 33 10.02.13 E, unless the option to use the off-site native 34 vegetation retention alternative is included in the PUD. 35 # # # # # # # # # # # # #