Agenda 09/26/2017 Item #9C09/26/2017
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
amendment to Ordinance Number 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, 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, F lorida.
[PUDA- PL20170001626]
OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition and to render a decision regarding the petition; and to ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS: The subject property is undeveloped. It was originally rezoned from
Residential Multi-Family-6 (RMF-6) and Bayshore Mixed Use District-Residentia1-2 (BMUD-R-2) to
Residential Planned Unit Development (RPUD) in Ordinance Number 05-63 (see Exhibit B) on
November 15, 2005. Ordinance No. 05-63 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 owner-occupied units designated as
Affordable Housing Units. Subsequent to that approval, the Board approved Ordinance Number 08 -38
(see Exhibit C) on July 22, 2008, and amended the Affordable Housing Agreement to increase the
maximum number of owner-occupied Affordable Housing Units from 32 to 44 units designated as
workforce housing. The total number of residential dwelling units, 108 units, remains unchanged.
The proposed Ordinance amendment (see Exhibit A: Proposed Ordinance) will:
- Amend the Planned Unit Development (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, and
- Amend the Affordable Housing Agreement to allow for the option of constructing 44 owner
occupied units designated as workforce housing units or 44 rental units designated as low
income housing units.
The reduction in minimum unit size is the only proposed zoning change requested in this PUD
Amendment application. The other change (to amend the Affordable Housing Agreement) is strictly a
housing issue related to targeted income levels, which is not a zoning issue or consideration. For further
information, please see the Staff Report.
FISCAL IMPACT: The Planned Unit Development Amendment (PUDA) by and of itself will have no
fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its
authorized level of development. If the PUD is approved, a portion of the land could be developed and
the new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
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Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain
adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County is
required to pay a portion of the estimated Transportation Impact Fees associated with the project in
accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected
prior to issuance of a building permit include building permit review fees. Finally, additional revenue is
generated by application of ad valorem tax rates, and that revenue is directly related to the value of the
improvements. Please, note that impact fees and taxes collected were not included in the criteria used by
staff and the Collier County Planning Commission (CCPC) to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element.
BAYSHORE TRIANGLE COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION
(CRA): The Bayshore Triangle CRA discussed PUDA-PL20170001626, Cirrus Pointe RPUD on
September 5, 2017, and by a vote of 5 to 0 recommended denial of the proposed changes to the Cirrus
Pointe RPUD. The CRA stated that:
- The Bayshore area has an abundance of rentals,
- The currently approved allowance for owner occupied affordable housing is a better
option, and
- A low income rental project is a step backwards for the CRA.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
was scheduled to hear petition PUDA-PL20170001626, Cirrus Pointe RPUD on September 7, 2017.
However, due to Hurricane Irma, the petition has been rescheduled to the September 21, 2017 CCPC
hearing. The CCPC recommendation was not available at the time of the approval of the Executive
Summary. As such, the CCPC recommendation will be read into the record at the Board of County
Commissioners meeting. (This is a time sensitive petition as grant funding is contingent upon approval in
September.)
Letter of objection as well as letters of support have been received. Therefore, this petition has been
placed on the Summary Agenda.
LEGAL CONSIDERATIONS: This is an amendment to the existing Cirrus Pointe RPUD (Ordinance
No.2005-63, as amended). The burden falls upon the applicant for the amendment to prove that the
proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of
County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory
or unreasonable. This would be accomplished by finding that the amendment does not meet one or more
of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: 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.
2. Is there an adequacy of evidence of unified control and suitability of 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? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
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3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the
Growth Management Plan.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: 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.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
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safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of
four for Board approval (SAS)
RECOMMENDATION: Staff will present the recommendation of the CCPC verbally at the BCC
hearing on September 26, 2017.
Prepared by: Nancy Gundlach, AICP, PLA, Zoning Division
ATTACHMENT(S)
1. Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (PDF)
2. [Linked] Exhibit A Ordinance PUDA-PL20170001626-Cirrus Pointe RPUD (PDF)
3. [Linked] Exhibit B Ordinance 2005-63 Amending Ordinance 2004-41 (PDF)
4. Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (PDF)
5. Exhibit D FLUE Rev. PDI-PL20170001626 (REV 1) (PDF)
6. Location Map.pdf 7-18-17 (PDF)
7. Master Plan 8-15-17 (PDF)
8. Exhibit E: NIM Notes and Information 8-24-17 (PDF)
9. Legal Ad - Agenda ID 3663 (PDF)
10. Letters of Support and Objection 9-18-17 (003) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C
Doc ID: 3663
Item Summary: ***This item has been continued to the October 10, 2017 BCC Meeting
Agenda.*** This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve an amendment to Ordinance Number 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, 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. [PUDA- PL20170001626]
Meeting Date: 09/26/2017
Prepared by:
Title: Planner, Principal – Zoning
Name: Nancy Gundlach
09/07/2017 4:26 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
09/07/2017 4:26 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 09/08/2017 9:00 AM
Zoning Michael Bosi Additional Reviewer Completed 09/18/2017 8:26 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/18/2017 2:04 PM
Growth Management Department Judy Puig Department Head Review Skipped 08/23/2017 1:33 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/18/2017 2:24 PM
Growth Management Department James French Deputy Department Head Review Completed 09/18/2017 9:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/19/2017 9:03 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/19/2017 9:19 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/19/2017 9:28 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2017 12:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM
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9.C.1Packet Pg. 74Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
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Packet Pg. 76 Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 77Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 78Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 79Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 80Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 81Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 82Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 83Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 84Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 85Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
9.C.1Packet Pg. 86Attachment: Staff Report-PUDA-PL20170001626 Cirrus Pointe RPUD (3663 : Cirrus Pointe RPUD)
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
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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)
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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:
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Atte, ��'C0 imp'S
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Approved as to Form
and Legal Sufficiency:
Marjori . Student -Stirling
Assistant County Attorney
PUDZ-20x4-AR-6906/KD/sp
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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
YVTM
YA AGENT
AMA
INFORMATIONAL ONLY
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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
9.C.4Packet Pg. 87Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 88Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 89Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 90Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 91Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 92Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 93Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 94Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 95Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 96Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 97Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 98Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 99Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 100Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 101Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 102Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 103Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 104Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 105Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 106Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 107Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 108Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 109Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 110Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 111Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 112Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 113Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 114Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 115Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 116Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 117Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 118Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 119Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.4Packet Pg. 120Attachment: Exhibit C Ordinance 2008-38 Amending Ordinance 2005-63 (3663 : Cirrus Pointe RPUD)
9.C.5Packet Pg. 121Attachment: Exhibit D FLUE Rev. PDI-PL20170001626 (REV 1) (3663 : Cirrus Pointe RPUD)
9.C.5Packet Pg. 122Attachment: Exhibit D FLUE Rev. PDI-PL20170001626 (REV 1) (3663 : Cirrus Pointe RPUD)
Bayshore DRThomasson DR
Ta
mia
mi
T
R
L EBasinST
YorkIsland DRAcklins D
R
Enchanting BLVD
E n c h a n tin g
B L V D
Windstar BLVD
Moorhead MNRBreakwater WAYC
onstitution D
R
W a r w ic kAVECaloosa STBayshore DRHaldeman Creek DRGuilford Oaks LNAntique CTC o m p a rtIs le D R
B o ta n ic a lP la c e C IR
Moonstone CIR
Normandy DRAlladin LNLunar ST
ThomassonLN
Guilford RD
Pine STWindward CT
Moo rhe a dMNR
O s c e o la
A V E
Antigua WAYHaiti DRClipperLNGoldie LNLombardy LNGuilford CTM oo r in g S t ay WAY
Colonial DR
Y a c h tH a r b o rCIR
Barthelemy AVE
C li pp erCove DR
Full Moon CTLookout LNMoorheadMNR
Ta
mia
mi T
RL E
Seminole AVE
RubyLNDanfordST
Ba y S T
El b o w AVE
MarigotDRLibertyLN RoseAVECanal STMindiAVEOuter DRLake AVE
CindyAVE
Dale AVE
Clarendon DR
FloridaAVE
SunsetAVE
LucayaWAYTopazLN
HarvestCTVerity LNPalmetto CTYacht Harbor DRRep ub lic DR
Gulfview DR
OkeechobeeSTTa
mia
mi LN
Po pla rWAYPalm DRAre ca AVE
CocoAVE
C l a r e n d o n D RAcadia LNRiverview DR
Li
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yford Isle
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RGuana DRLakeview DRH ol ly AVE Orchard LNNeapolitan CIR
Jeepers DR
Woo ds id e AVE
Pin e Tre e DR
Ba rrett AVE
Sto rte r AVE
Highbourne DR
L i n d a DR
Van Buren AVE
Andrews AVE
Van Buren AVE
Plantation WAY
Karen DR
Cottage Grove AVE
Th om as so n D R
Saba DRWi
ndj
ammerCIR
Paget CIRHamiltonAVELighthouse LNBotanicalPlace CIRÀ42 À41 À40 À39 À38 À37 À36 À35 À34 À33 À32 À31 À30 À29 À28 À27 À26 À25 À23À107
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À29 À30 À31 À38À32 À39À33À34À35À36 À44 À45 À46 À47 À48 À49 À50 À51 À52À41À42À43
À28
À100.43 À100.8À100.6À100.3À100.5À100.15À100.21À100.29À100.28À100.35À100.27À100.42À100.46À100.23À100.34À100.38À100.45À100.18À100.16À100.41À100.40À100.2
À100.33 À100.1À100.9À100.4À100.7À100.30À100.10À100.13À100.17À100.24À100.11À100.36À100.31À100.22À100.25À100.14À100.19À100.37À100.20À100.44À100.12
À99
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1
2217201819127219368131416410111552
62
23
444243404137383926282933343536273130242532
PH I
PH II
PH III
PH IV PH VABACO BAYCONDO
PH 4
PH 5
PH 1 PH 2 PH 3
PH 12
BOTANICAL PLACE CONDO PH 10
OR 7 11/6 00
PH 8 PH 6PH 7PH 9
PH 11
PH 13
OR 4409 PG 521FIRE STATION#22
BAYSHOREDOMINION DRIVETHOMAS SON LA NE
THOMASSON DRIVE
COTTA GE GR OV E AVE
KAREN DRIV E
BAYSHORE DRMUP
CU
CU
MUP
PUD
RMF-6-BMUD-R1
PUD
A
PUD
C-5-BMUD-NC
C-3-BMUD-NC
PUD
RMF-6-BMUD-R2
RSF-3-BMUD-R1
RMF-6
VR-BMUD-R3
PUD
VR-BMUD-R3
PUD
RPUD-BMU D-R2
C-4-BMUD-NC
RPUD-BMU D-NC
BOTANICALPLACE
PINEBROOKLAKE
CIRRUS POINTE
EAST NAPLESCOMMUNITYPARK
LAKE AVALON
NAPLESBOTANICALGARDENS
WINDSTAR
MATTAMY HOMES
Location Map Zoning Map
Petition Number: PL20170001626
PROJEC TLOCATION
SITELOCATION¹
9.C.6
Packet Pg. 123 Attachment: Location Map.pdf 7-18-17 (3663 : Cirrus Pointe RPUD)
C:\Documents and Settings\Robby\Desktop\For Bill\4006PUD6.dwg, EXHIBIT A, 6/30/2005 9:10:37 AM, Robby, www.aldinc.net, design@aldinc.netTHOMASSON DRIVE (R/W VARIES)BAYSHORE DRIVE (R/W VARIES)PINE BROOK LAKES PUD
S/F HOMES
RESIDENTIAL AREA
GRAPHIC SCALE
050 50 10025
1" = 50'EXHIBIT "A"(2-LANES)(4-LANES)C-3 ZONINGUNDEVLOPED(APARTMENT COMPLEX)
AGRICULTURAL
ZONING
AVALON
ELEMENTARY
SCHOOL
RMF-6 ZONING
S/F HOMES
RMF-6 ZONINGRMF-6 ZONINGC-5 ZONINGC-3
ZONING UNDEVELOPEDS/F HOMESDEL'S CONVENIENCE
STOREBAYSHORE
CORNERS
SHOPPING
CENTER
RESIDENTIAL AREA
RESIDENTIAL AREA
LAKE LAKE
NOT TO SCALE
LOCATION MAP
JIM FIELDS
15544 MONTEROSSO LN. #202
NAPLES, FL 34110
04-006
1 OF 1
GDJ
WBG
4006PUD6
SHEET NO.:
PROJECT NO.:
GREGORY D. JEPPESEN
FL REG. NO. 55365
FL CERT. OF AUTH. NO. 8475
DATE
ELEC. FILE:
DRAWN:
DESIGNED:
EXHIBIT "A"
CIRRUS POINTE PUD MASTER PLAN
PLANS PREPARED FOR:PLANS PREPARED BY:
5672 STRAND CT., SUITE 2, NAPLES, FL 34110, 239.596.2866
DESCRIPTIONBYDATEREV.
INITIAL PRINTING:09/08/04
RMF-6 ZONINGWATER
MANAGEMENT
PRESERVE/
AREA
WATER
MANAGEMENT
PRESERVE/
AREA
WATER
MANAGEMENT
PRESERVE/
AREA
REAL PROPERTY DESCRIPTION
ZONING INFORMATION
PLANNING, ENGINEERING,
ENVIRONMENTAL NOTES:
PRELIMINARY ESTIMATED LAND USE SUMMARY
9.C.7
Packet Pg. 124 Attachment: Master Plan 8-15-17 (3663 : Cirrus Pointe RPUD)
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9.C.8Packet Pg. 125Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
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ヨ海砂〃9.C.8Packet Pg. 126Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
Inc. of Naples
Land Development Consultant
3125 54th Terrace SW, Naples, FL 34116 / (239) 825-7230 / Fax (239) 234-6096 /Email: karenbishop@pmsnaples.com
NIM NOTES
PMS Inc. of Naples put on a presentation for the neighborhood information meeting on Thursday, August 10,
2017 at 5:30 p.m. Karen Bishop initiated the presentation by making sure everyone could fill out the sign in
sheet and acknowledged that the attendees received the NIM letter to Property owners/associations. The
presentation explained that the new developer would like to make changes to Cirrus Pointe PUD that has been
in existence since 2005. The changes the developer would like to make is to the affordable housing agreement
which would allow for the option of rental and to change the minimum square footage of the unit. There was a
slide showing an Ariel map of the location and explained that the property was in the CRA area on the
northeast corner of Thomasson and Bayshore. The one change inside the document is the minimum square
footage, and during this time a slide is presented showing a table with the original square footage crossed out
and the new square footage next to it. One of the attendees asked if there was a printout for the table shown
and Karen acknowledge the question saying she would provide a copy of that via email to anyone who would
like it. This can be emailed to CRA and be mass emailed out to those who want it. The last thing included
shows the rotary with the property on the NE corner.
After the presentation, NIM attendees have time available for questions and/or concerns. During this time, a
question was asked concerning detail to the change in square footage as well as the change to the affordable
housing agreement. Going back to the table in the slide show, it shows the original square footage and
proposed square footage. It was explained that this change will provide more rental options.
There were questions about who owns the property today and whether the entity that was set up to buy was
subject to getting these changes made. It was explained that Cirrus Pointe Partners owns the property today
with the same underlying owners since 2005. The purchase of the property with the new developers is subject
to these changes being proposed.
The next question was concerning whose discretion it would be to become a rental or owner-occupied
property or if it could be both. Also, whether there is a limit in rental terms such as a weekly rental. It is said
that the developer would decide and would lean more towards rental. This is not the kind of development that
allows weekly rentals and that there will be a portion that goes for market rate and a portion that goes to the
affordable housing rate which is based on the persons income. The concerns were addressed to let the people
know the developer specializes in this kind of rental community. There is a cap on the total number of units
(108) and the developer knows what mixes work regarding 1, 2, and 3-bedroom units. Vestcor has two other
developments in the area (Tuscan Isle and Noah’s Landing) all of which are 100% rented. The developer
showed slides of the existing properties so the attendees would have an idea as to what could be constructed
on the property. This cleared up some questions concerning what types of building would be going on the
property. Vestcor also showed a preliminary building idea in the slide as well.
A retired code enforcement officer had some concerns regarding homeowner’s associations and whether it
would be under one owner when the project is finished. It was explained that one owner would have one
management company that runs the whole project once it is completed. His concern is that there will be only
one person liable for the finished project. This was answered that yes technically it is called “The Developer”.
9.C.8
Packet Pg. 127 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
Inc. of Naples
Land Development Consultant
3125 54th Terrace SW, Naples, FL 34116 / (239) 825-7230 / Fax (239) 234-6096 /Email: karenbishop@pmsnaples.com
The entrance will be on Thomasson drive and since there is quite a bit of new construction happening, traffic
was a concern. it was explained that when changes are being made to affect the traffic/growth of an area that
an impact study must be done.
Clarification was needed to understand where the square footage would be going if the unit size is changing. It
was explained that some units would be bigger than others, maybe there would be more open space, or a
bigger recreation area.
Overall, not everyone understood the term low income housing or affordable housing. This was explained to
be teachers, bankers, firefighters, surveyors, etc.
What is the process the developer must go through to get this approved? The next step will be the planning
commission where it will hopefully get approved and the move on to the county commission which then
moves on to site development plans and any changes there.
It was a concern that the original developer took money through the county and still hasn’t paid it back. The
neighbors are wondering if the county is approving something to get their money back. At the time, there were
restrictions put on this to avoid a rental property. Since there are conditions the original developer must meet
to avoid repaying the county, those that attended the NIM meeting are wondering if low income housing meets
the conditions for the original developer to no longer pay the money back.
9.C.8
Packet Pg. 128 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
Cirrus Pointe
Amendment to PUD
To
Revise the Affordable Housing Agreement
Revise Minimum Unit Square Footage
9.C.8
Packet Pg. 129 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 130 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 131 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 132 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 133 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 134 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.8
Packet Pg. 135 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
Noah's Landing and Tuscan Isle
8
9.C.8
Packet Pg. 136 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9
Proposed Macie Creek Apartment Community
9.C.8
Packet Pg. 137 Attachment: Exhibit E: NIM Notes and Information 8-24-17 (3663 : Cirrus Pointe RPUD)
9.C.9
Packet Pg. 138 Attachment: Legal Ad - Agenda ID 3663 (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 139 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 140 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 141 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 142 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 143 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 144 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 145 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 146 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 147 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 148 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10Packet Pg. 149Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10Packet Pg. 150Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 151 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10Packet Pg. 152Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 153 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10Packet Pg. 154Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10Packet Pg. 155Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 156 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 157 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
9.C.10
Packet Pg. 158 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Gundlach Nancy
From:
Sent:
To:
Subject:
Kenneth Essad < Ken.Essad@csetlaw.com >
Monday, July 31, 2017 10:12 AM
GundlachNancy
Cirrus Pointe PUD
Dear Na ncy:
I am in receipt of a notice from PMs, lnc of Naples regarding land development at Cirrus Pointe next to
Abaco Bay condominiums near Bayshore Dr. and Thomasson Dr. I am very much in favor of developing that area and
keeping up the property values while putting in affordable housing. That area has pockets of dilapidated buildings and
expensive homes near the Botanical gardens. I believe a new development would continue to enhance the area. I own
two condos in the Abaco Bay area and we need to keep the property values up and hopefully go higher. Thank you for
your kind consideration in this regard. lf you have any questions or comments please contact me directly. Thank you.
WE MOVED! Our office is now located at 30500 Van Dyke Avenue, Suite 500, Warren, MI
48093. Our phone numbers and email addresses will remain the same. Thank you!
Kenneth M. Essad
Corbet, Shaw, Essad,
Tucciarone & Bonasso P.L.L.C.
30500 Van Dyke Avenue, Suite 500
Warren, Mi. 48093
313.964.6300 Main Phone Number
313.965.9383 Direct Dial
Ken.Essad@csetlaw.com
Br-'st La*r'ers Be;t lauy:ns
BEST
LAW FIRMS
BEST
LAW FIRI/IS
2016 2017
This electronic message transmission contains information from the law firm of Corbet, Shaw, Essad, Tucciarone &
Bonasso, P.L.L.C. which may be confidential or protected by the attorney-client privilege and/or the work product
doctrine. lf you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content
of this information is prohibited. lf you have received this communication in error, please notify us immediately by email
and delete the original message.
I
1
usNEihELl"SNSiitiE
9.C.10
Packet Pg. 159 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
GundlachNancy
From:
Sent:
To:
Subject:
Nick Datesh < ndatesh@gmail.com >
Wednesday, August 16, 2017 12:21 PM
SaundersBurU McDanielBill; SolisAndy; TaylorPenny; GundlachNancy; GiblinCormac; BosiMichael;
TriminoEvelyn; PaulRenald; SernaBritoAlma; BellowsRay; LevyMichael;johndeblasis@colliergov.net;
BeardLaurie; GarciaShirley; HomiakKaren; pdearborn@johnrwood.com; EbertDiane; FryerEdwin;
ChrzanowskiStan; SchmitUoseph; eastmath@collierschools.com; StrainMark; ForesterDebrah;
ScottTami; Nick Datesh
Vestcor Cirrus Pointe CRAAB
According to Shirley Garcia for the Bayshore CRA, the Amendment of the Cirrus Pointe Agreement
will not be considered at the August 17 meeting, defened instead to August 31 when it will be
approved. lt will then go to the BCC late in September.
Having attended PMS' Karen Bishop's procedurally deficient Neighborhood lnformation meeting on
August '10, I feel it is imperative that Planning suspend its consideration until after a
straightforward and informative presentation to the CRA Advisory Board.
Repeatedly, Vestor's agent, Karen Bishop and the County planners refer to minor changes in the
existing 2008 Cirrus Pointe plan. These changes will materially alter the character the Bayshore
community and diminish its vision for future enhancements.
Over the last couple years, we on Bayshore have frequently heard pleas that Bayshore shoulder
more than its share of Naples'need for housing for its underpaid workforce. Since the City of Naples
is building garages instead of affordable housing, we know this is a specious justification.
The CRAAB knows the Bayshore area and is charged with advising the BCC (as the CRA Board) on
its development. As far as I can tell, Vestcor has ignored the CRAAB's legitimate role in the process.
Fast-track does not mean a headlong rush, bypassing those whose input is vital to Bayshore's
strategic development.
The CRAAB and the Bayshore community must know that the current owner-occupied, 4)Yo-max
workforce agreement, all spacious 3-bedroom condominiums is not an option as Vestcor submittal
and Karen Bishop suggested. Karen Bishop grossly misled the audience at the August 10 meeting
by continuously referring to the options, when she knew there were none.
Vestcor is doing all rentals. lt is doing a minimum of 44 low-income (50% Ml) rental apartments. lt is
cutting apartment sizes as much as 57o/o. Vestcor has indicated that it intends to go beyond the 44
apartments for the low-income category of rentals. There is nothing to prevent Vestcor from offering
1 00% low-income apartments.
From what I can tell, almost no one knows half of this
Anyone who has attended informational, CRAAB and BCC meetings on Cirrus Pointe knows that the
rentals at Cirrus Pointe are a major negative for the Bayshore area.
1
9.C.10
Packet Pg. 160 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
I agree Naples needs low-income housing. The City of Naples should ditch its garage and build such
housing at 4th and 4th, a pleasant walk to work for most of the target residents.
John Nicholas Datesh
Botanical Place '1-106
2
9.C.10
Packet Pg. 161 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Gu ndlachNa ncy
From:
Sent:
To:
Janet Nave <janet.nave@gmail.com>
Tuesday, August 15,2017 10:51 PM
HomiakKaren; Patrick DearbornLLC; EbertDiane; FryerEdwin; stanchizanowski@colliergov.net;
eastmath@collierschools.com; StrainMark; BellowsRay
FialaDonna; SaundersBurt; McDanielBill; GundlachNanry; TaylorPennyi GarciaShirley; BosiMichael;
deborahforester@colliergov.net; ScottTami
Vestcor
Cc:
Subject:
Why was there no formal presentation to the CRA advisory board? That is a standard procedure. So, why not
follow procedure for this particular project?
After a headlong rush to approve Vestcor for the Cimrs Pointe property, I want to point out that there is
$492,000 culrent value (CCP loan from Collier County for $320,000 in 2006 plus 5olo interest) owed to the
County. Two proposed projects were denied due to this debt. One was for 132 owner occupied units at market
rate. A much preferred project for the CRA vision and no doubt a larger tax base. No one seems to be talking
about this great sum of money as a loss to the County with Vestcor.
What is so special about Vestcor that the County would be willing to let this debt go unpaid? I specifically
asked Ms Bishop at the very inadequate neighborhood meeting about this. She denied having any knowledge of
it. I find that very hard to believe. She was there to say the deal was done. She pretty much said this is going to
happen. Does that mean the Planning Board and the County Commissioners were already on board? So, yes
why bother having a presentation to the CRA Advisory Board.
She kept talking about the "MINOR'changes to the Cimrs Pointe project. That was only one of her
misrepresentations that night. Cimrs Pointe was approved as an owner occupied project with 40% workforce
units. An all rental project with 40% "low income" units is a drastic difference. Not "Minor!"
1
9.C.10
Packet Pg. 162 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
GundlachNancy
From:
Sent:
To:
subject:
StrainMark
Tuesday, August 15, 2017 11:21 AM
GundlachNancy
FW: Cirrus Pointe RPUD, corner of Bayshore Drive and Thomasson Drive, Naples
Mark
239.2s2.4446
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in writing.
---Original Message-----
From: Jill Kenyon Imailto:jd.kenyon@comcast.net]
Sent: Tuesday, August 15, 2017 11:08 AM
To: StrainMark <Markstrain@colliergov.net>
Subject: Cirrus Pointe RPUD, corner of Bayshore Drive and Thomasson Drive, Naples
Dear Mr. Strain,
I write to you, a Collier County Plannlng Board Member, to protest the application seeking a PUD Amendment to Cirrus
Pointe. I attended the information meeting on August L0,2OL7.
I hope that you will refuse the application to allow revision of the 1) Affordable Housing Agreement and 2) reduction of
the minimum required unit square footage.
I disagree with the proposalto change the type of housing from an owner-occupied community to a rental community
I have lived in Windstar for 7 years and have observed the sterling efforts of the neighborhood CRA and MSTU to
upgrade the Bayshore area. When I moved here in 2010, people constantly told me what a bad area "Kelly Road" used
to be.
This area needs owner-occupied housing, with owners who take care of their property and have pride in upgrading their
community.
Approving this application is a slap in the face of all those who have worked so hard and succeeded in improving our
neighborhood.
There are other areas in Naples that can be used for affordable housing, but not the Bayshore Triangle, which is
painstakingly on the up.
Thank you for encouraging our Bayshore community to improve by refusing the application by Vestcor regarding Cirrus
Pointe.
Respectfu lly,
1
9.C.10
Packet Pg. 163 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
GundlachNancy
From:
Sent:
To:
Cc:
Nick Datesh < nick.datesh@botanicalplace.net>
Monday, August 14, 2017 2:17 PM
FialaDonna; SaundersBurt; McDanielBill; SolisAndy; TaylorPenny
GundlachNancy; GiblinCormac; BosiMichael; evelyntrimino@colliergov.ent;
renaldpaul@colliergov.ent; SernaBritoAlma; BellowsRay; LevyMichael;johndeblasis@colliergov.net;
BeardLaurie; GarciaShirley; Janet Nave (gmail); Nick Datesh - Gmail; WeeksDavid; HomiakKaren;
pdearborn@johnrwood.com; EbertDiane; FryerEdwin; ChrzanowskiStan; SchmittJoseph;
eastmath@collierschools.com; StrainMark; debrahforester@colliergov..net; ScottTami
Meeting - Vestcor Rentals Cirrus PointeSubject:
I attended the Neighborhood Disinformation Meeting on Aug. l0th. The less said about that failed meeting the
better. Janet Nave's email details it well enough.
Perhaps the new Commissioners are not as aware as I'd like, but the Bayshore area was sold to new buyers as an
up & coming, owner-occupied neighborhood with arts, restaurants and shops. It was an ambitions plan that was
paused by the 2008 crash but has resumed. It is even picking up steam with the up-market Mattamy Homes
development across from Cim:s Pointe, the brewery, the food truck court and others.
The promise included an arts center on the County-owner l7 acres, considered recently as a new home for the
Opera. It also included a 108 owner-occupied Cimrs Pointe development. In a dual-pronged attack on that
promise, the Naples-First movement advocates tuming both long-promised developments into low-income
rental properties.
It is telling that the City of Naples, with its great need lor housing for its cops, nurses, wait-staff, bakers and
maids, is putting a garage at 4th & 4th instead ofthe purportedly desperately needed affordable rental housing
It is obvious now that any new close-to-5th alfordable housing is destined to resurrect Kelly Road.
The change ofthe current Cimrs Pointe 4070 workforce/60% markerprice ownership agreement to one that
could well be a 100% low-income rental project is, simply, a betrayal of everything the County promised for
Bayshore's residential and commercial community.
We have leamed that Vestcor, a sawy pro at low-income, corporate-welfare subsidized rentals, plans to seek
funds from the State and County which would require as much as 100% low-income rentals. Presumably, this
govemment largess will pile atop the County's loss of the Cim:s Pointe Partners LLC Nov. 2006 note, under
which the County is owed $492,000 as of last week.
I cannot wait to see what goodies the govemment will hand out to tum the promised art-oriented l7-acres into a
low-income rental project. And Del's can become Cimrs Pointe II with a few more government bucks.
If you new commissioners don't remember Kelly Road... Well, just head on down here in a couple years for the
splendor.
John Nicholas Datesh
Botanical Place 1- 106
1
Either one guts the Bayshore betterment plan; both kill it completely.
9.C.10
Packet Pg. 164 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
GundlachNancy
From:
Sent:
To:
Subject:
BellowsRay
Thursday, August 17, 2017 2:32 PM
Gu nd lach Nancy
FW: Request for the Planning Commissioners to suspend its consideration on Amending Ordinance
PUDA P120170001626 u ntil a detail presentation by Vestor Cirrus Pointe has been heard by the CRA
Advisory Board and the public
From: Sea Ma Imailto:seama1920@gmail.com]
Sent: Thursday, August 17, 2Ol7 2:fG ?M
To: HomiakKaren <KarenHomia k@colliergov.net>; pdearborn @johnrwood.com; EbertDiane
<Dia neEbert@collierBov. net>; FryerEdwin <Edwin Fryer@colliergov.net>; Chrzanowskistan
<StanChrzanowski@colliergov.net>; SchmitUoseph <JosephSchmitt@colliergov. net>; eastmath @collierschools.com;
StrainMark <MarkStrain@colliergov.net>
Cc: BellowsRay <RayBellows@colliergov.net>; GarciaShirley <Shirleyca rcia @colliergov. net>
Subject: Request for the Planning Commissioners to suspend its consideration on Amending Ordinance PUDA
PL20L7OOOT626 until a detail presentation by Vestor Cirrus Pointe has been heard by the CRA Advisory Board and the
pu blic
Commissioners,
My name is Sandra E. Arafet and I am a full time resident of the Bayshore area and a member of
the Bayshore Beautification MSTU Advisory Committee . I am here by requesting that the
Planning Commission suspends the request to hear amending Ordinance PUDA
PL20170001626 until a detail presentation by Vestor Cirrus Pointe has been heard by the CRA
Advisory Board and the public. I ask you to consider the impact that this amendment will have
on the redevelopment and the vision that we have for the Bayshore area.
I am afraid that we will tum away other opportunities that will be more fitting with our vision for
the Bayshore area . I ask that you please hold any decision until you have taken everything in
consideration as your decision will have a major impact in the redevelopment of the Bayshore area.
1
Sandra E. Arafet
Sincerely,
FYI
"^,
9.C.10
Packet Pg. 165 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Cirrus Pointe neighborhood meeting.txt
From: Janet Nave <janet.nave@gmail.com>
Sent: Sunday, August 13, 2017 9:52 PM
To: FialaDonna; SaundersBurt; McDanielBill; SolisAndy; TaylorPenny;
GundlachNancy; BosiMichael; TriminoEvelyn; PaulRenald;
almasermabrito@colliergov.net; BellowsRay; LevyMichael;
WeeksDavid; BeardLaurie; johndeblasis@colliergov.net;
mauriceguiterrez@colliergov.net
Cc: GarciaShirley
Subject: Cirrus Pointe neighborhood meeting
Follow Up Flag: Follow up
Flag Status: Completed
Firstly, the County committed to remaking Kelly Road into a highly desirable, owner
occupied
Bayshore neighborhood including Cirrus Pointe. That promise induced people like me
to invest
in Botanical Place on Bayshore and move here. That commitment included a percentage
of work
force owner occupied units. It did not include a Cirrus Pointe with 100% rentals
none of which is
work force level. The County must stick to its commitment to those of us who relied
upon their
vision.
And the County is looking at losing $492,000 under the Note and Second Mortgage from
Cirrus
Pointe Partners. Are you so willing to walk away from that $492,000 just to make
the Vestcor
deal? Why not wait for a better deal in line with our vision? That is tax payer
money!
Secondly, I attended the meeting and was very disappointed in the information--or
should I say
obfuscation--provided. As a matter of procedure, the meeting was inadequate in the
extreme.
Off the bat, Ms. Bishop presented the proposed project as a done deal, needing only
a couple
very "minor" changes to the existing bonus density agreement. She seemed ready to
walk out the
door after that claim. In fact, the Vestcor proposal is a MAJOR change from the
originally
approved owner-occupied with a 40% work-force component to all rental with as much
as 100%
low-income units.
These are not "minor" tweaks. They change the character of the project and the
neighborhood
radically.
She withheld all the key details until audience members extracted them and, in many
cases,
corrected her statements. She had slides and a rendering of the proposed project but
did not
display them until challenged
She kept justifying this complete revision as needed so that "bakers, surveyors,
kids like hers
who provide services would have places to live." As the audience made plain, the
Bayshore
Thomasson area already has an overload of affordable housing, negating her
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Cirrus Pointe neighborhood meeting.txt
rationale.
Initially, she specifically denied knowing the following about the Vestcor proposed
agreement:
* the project was all rental or owner-occupied;
* how many units were 1, 2 or 3 bedroom;
* that the affordable units were all "low-income" designation;
* the sizes of the units;
* the maximum rentals of the units under current Median Income;
* Vestcor planned to apply for grants requiring more low-income units;
* the fate of the $480,000 owed to the County under the Cirrus Point Partners
Note.
She also claimed to know nothing about the 270 unit Mattamy Homes development across
Bayshore from Cirrus Point or the Compass Place (Thomasson PHX) project proposed
across
Thomasson.
I find it hard to believe that Mattamy Homes would be in favor of this low income
project
directly across from their project.
Fortunately, the audience did not let her denials and misstatements stand. One
audience member
had seen the application online and called her to account. She still feigned
ignorance even though
she had presented the latest proposal to the County on June 30, 2017.
There is $492,000 (including interest) owed to the County under the Cirrus Pointe
Partners' note.
That is almost 50% of the tax appraisal for the parcel. Yet, Ms. Bishop when asked
about it
claimed to know nothing about what would happen to that obligation.
She appeared to know nothing of the mortgage foreclosure filed against Cirrus Pointe
11/3/16 by
South Naples Venture LLC for $1.33M. It is disturbing to see this since the Collier
lien is
admittedly subordinate and no doubt will be lost, leaving the County with just the
note against
Cirrus Point Partners without security. Any recovery by the County on its note would
have to be
at Closing of the Vestcor purchase.
There are currently 4713 low income units in Collier County, two of which are
Vestcor's Noah's
Landing and Tuscan Isles. Putting low income housing into the area of Bayshore and
Thomasson, which has a surplus now, will destroy the long-promised goal of the CRA
for this
area. When I bought, I was promised Bayshore would be on the upswing with Cirrus
Pointe an
owner-occupied condo community with 40% workforce units. I relied on that promise. I
would
not have bought with a 100% low-income development within a few hundred feet, not at
any
price.
Now, there are those who want the 17 acre parcel turned into low-income housing as
well,
instead of the long-planned arts centerpiece of the Bayshore district.
No one denies that affordable housing is needed in Collier County so don't waste
words on
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Cirrus Pointe neighborhood meeting.txt
bakers and deputies and teachers and waiters. This is not a "not in my backyard"
issue. The issue
is "not in ALL of my backyard."
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Packet Pg. 168 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
FW Cirrus Point PUD.txt
From: StrainMark
Sent: Tuesday, September 05, 2017 7:19 AM
To: GundlachNancy
Subject: FW: Cirrus Point PUD
Mark
239.252.4446
Under Florida Law, e-mail addresses are public records. If you do not want your
e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
From: mcrasnick@comcast.net [mailto:mcrasnick@comcast.net]
Sent: Saturday, September 02, 2017 3:24 PM
To: StrainMark <MarkStrain@colliergov.net>
Cc: karenhorniak@colliergov.net; Patrick Dearborn <PatrickDearborn@colliergov.net>;
EbertDiane
<DianeEbert@colliergov.net>; FryerEdwin <EdwinFryer@colliergov.net>; TaylorPenny
<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>;
andysollis@colliergov.net;
SaundersBurt <BurtSaunders@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net>;
master@windstaronnaplesbay.net
Subject: Cirrus Point PUD
Dear Mr Strain:
I am writing to voice my concern and displeasure as a new resident (and potential
voter)
of Regatta Landing at Windstar regarding the proposed amendment to the Cirrus Point
PUD. My wife and I spent significant time searching various Florida communities for
a
place to retire. We found Windstar and the newly developed Regatta Landing
development in Naples to be the perfect location. We're now dismayed that the
Collier
County Planning Commission is considering an Amendment to the Cirrus Point PUD
that will allow for development of a project in the Bayshore Drive area of 100%
rental
units with much smaller square footage than was originally approved. I have read and
totally agree with the points addressed in the 8/29/17 letter from Mr. Pasquale
Razzano on behalf of the Windstar on Naples Bay Master Association Board
of Directors. It appears questionable to me as to whether this project is really
necessary, and will it be of benefit to anyone other than the owner/developer.
I'm also disappointed that the Commission is scheduling hearings on this matter
when we, and presumably many other Windstar residents, will be unable to
attend. I ask you to consider rescheduling the hearing(s) on this matter to a
more appropriate time later in the year.
Regards,
Michael Crasnick
2505 Breakwater Way
Unit 3-102
Naples, FL. 34112
Page 1
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FW Cirrus Pointe Development.txt
From: BellowsRay
Sent: Friday, September 01, 2017 8:42 AM
To: GundlachNancy
Subject: FW: Cirrus Pointe Development
FYI
Ray
From: Danno [mailto:dkrouse@cogeco.ca]
Sent: Thursday, August 31, 2017 11:42 PM
To: HomiakKaren <KarenHomiak@colliergov.net>; FryerEdwin
<EdwinFryer@colliergov.net>; EbertDiane
<DianeEbert@colliergov.net>; ChrzanowskiStan <StanChrzanowski@colliergov.net>;
FialaDonna
<DonnaFiala@colliergov.net>
Cc: SchmittJoseph <JosephSchmitt@colliergov.net>; StrainMark
<MarkStrain@colliergov.net>;
BellowsRay <RayBellows@colliergov.net>; TaylorPenny <PennyTaylor@colliergov.net>;
eastmath@collierschools.com
Subject: Cirrus Pointe Development
I recently became aware of the proposed rental development at Bayshore &Thomasson
in East
Naples. As a property owner in the adjoining Abaco Bay Condos, I would like to
express my
displeasure
for this property.
Although I am a Canadian about to retire to Bayshore Drive, I bought the property
after
learning about the fine work and vision the Bayshore CRA had for this area. I bought
in 2010,
despite the negativity
I came across from many realtors and or locals who described the area as one that
once was
frequented by hookers and drug dealer types. I was surprised to hear this, as the
beautification
projects
that took place on Bayshore Drive were obvious to me. The vision for future
residential projects
included homes and condos, mixed with retail development was exciting to me. I had
many
choices to
buy in south Florida, but after coming back to Naples in 2010, I could easily see
the positive
changes to the area. Any street that has the botanical gardens on it is something
special where I
come from!
I am not suggesting rental properties are all bad, as many people rent for various
reasons, but
most are for economics. With lower income residents, the chances for a return to the
shady
days of the old
Bayshore Drive is more imminent. This is not based on bias, just plain facts. I do
not have these
facts to present to you at this time, but I am sure smarter people than me will make
them
known before you
decide on this development. The area is flourishing with new development and
confirmed
future development also on Bayshore is in the works, including a large development
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FW Cirrus Pointe Development.txt
by one of
Canada's'
most prestigious builders Mattamy Homes. I am sure they will not be pleased either,
as this will
definitely effect their ability to sell their properties at their suggested/proposed
prices.
This could well be a factor in whether other builders come to the area to spend
money and
create jobs and future tax payers as well, as it is not a "selling feature". Be
this a perceived
notion about rental properties and negativity, it is no doubt the common belief! I
find it hard to
believe that legislators would OK such as proposal after all the strides that have
been made in
the area in the last 10 years. I am asking you to vote NO to this development at
Cirrus Pointe, as
it just doesn't fit the master plan that seemed to becoming to fruition after all
those years of
stagnation.
Yours respectfully,
Dan Krouse
905 570-6924
Under Florida Law, e-mail addresses are public records. If you do not want your
e-mail address released
in response to a public records request, do not send electronic mail to this entity.
Instead, contact this
office by telephone or in writing.
Page 2
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FW Cirrus Pointe.txt
From: BellowsRay
Sent: Tuesday, August 29, 2017 3:59 PM
To: GundlachNancy
Subject: FW: Cirrus Pointe
Follow Up Flag: Follow up
Flag Status: Flagged
FYI
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
From: Mike Patch [mailto:mapatch@yahoo.com]
Sent: Tuesday, August 29, 2017 3:54 PM
To: HomiakKaren <KarenHomiak@colliergov.net>; pdearborn@johnrwood.com; EbertDiane
<DianeEbert@colliergov.net>; FryerEdwin <EdwinFryer@colliergov.net>; ChrzanowskiStan
<StanChrzanowski@colliergov.net>; SchmittJoseph <JosephSchmitt@colliergov.net>;
eastmath@collierschools.com; StrainMark <MarkStrain@colliergov.net>; BellowsRay
<RayBellows@colliergov.net>; TaylorPenny <PennyTaylor@colliergov.net>; FialaDonna
<DonnaFiala@colliergov.net>; SolisAndy <AndySolis@colliergov.net>; SaundersBurt
<BurtSaunders@colliergov.net>; McDanielBill <WilliamMcDanielJr@colliergov.net>
Subject: Cirrus Pointe
Dear Collier County Planning Commissioners and Board of County Commissioners,
My name is Mike Patch, and I am the President of Moorhead Manor which is located
about 1500 feet north of the proposed Cirrus Pointe Developement on Bayshore Drive.
The Board of Directors of Moorhead Manor, representing 154 units, and about 250
shareholders has asked me to write a letter in strong opposition to the changes
currently being requested by Cirrus Pointe. I don't believe we have ever taken such
a
stand in the past, so I assure you that our sincerity and concern is real.
We have been paying extra taxes, through the Bayshore MSTU, and working extra
hard to support the efforts of the Bayshore CRA for the last 17 years. The Bayshore
CRA Community is proud of the results, and we are not finished. The dedication of
our
leaders and the community itself, is obvious to those who remember Kelly Road.
This stands in stark contrast to the efforts of the Cirrus Pointe developer who
appears to
be taking advantage of our long term investment in the community in order to
maximize
his profit and leave us with the inevitable long term problems that come with low
income
rentals. I have seen the development and evolution of many low income rentals, and
the
results have never been a positive addition to the surrounding community. These low
income rentals are never homes to the "teachers, firemen, and bakers" as suggested
by
the developer. When a developer tries to bypass the intent of the Neighborhood
Information Meeting, then bring incomplete and misleading information, red flags
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should
go up for everyone.
Maybe North Naples, or Naples, has a need for more low income rentals, and it is my
understanding that low income rentals should be spread evenly throughout the county.
However, we already have more than our share. I think I know how Gordon Drive
residents would react, and how they would tolerate the intolerable misinformation
presented at the Neighborhood Information Meeting. We have no problem with a
developer who wants to live by the requirements to build resident owned housing, as
Mattamy Homes is doing across the street from Cirrus Pointe. We encourage you to
support our financial investment, and efforts to improve the Bayshore CRA area, and
reject the developers efforts to undermine our community, in order to maximize his
profit.
Mike Patch, President
Moorhead Manor MHP, HOA, Inc.
Under Florida Law, e-mail addresses are public records. If you do not want your
e-mail address released
in response to a public records request, do not send electronic mail to this entity.
Instead, contact this
office by telephone or in writing.
Page 2
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To Whom It May Concern:
My name is Ximena Silva, a Realtor and proud Bayshore resident. My sister, a young
professional working on her Masters, also purchased her first home here. I tell anyone looking to
invest to put their money here. Homeowners, business owners and investors alike have tirelessly
worked as a community to create the friendly, walking neighborhood we enjoy today. As many
long-time residents of Naples would know, Bayshore has not always relished of this reputation. It
wasn’t until residents and organizations like the CRA reclaimed their community and help clean
it up.
Bayshore is unique for its diversity in zoning and in the demographics. One street can have
mobile homes and the next one can have multi-use properties. An example of this is Jeepers Drive.
Jeepers Drive, a street with mobile homes and is approximately 126 ft. from Windstar, a gated
community with million dollar properties. This is not uncommon; Many areas in Bayshore have
the same type of streets. We have artists, restaurateurs, independent business owners, Realtors,
cops, teachers, nurses, servers, chefs- all from diverse backgrounds who live here, support local
businesses, and invest in this community. There are still more exciting changes to come. A food
truck park, microbrewery, boutique hotel, are set to open in the following year. This is not to take
away from the new construction homes or businesses, like Amanda Jaron’s Jewelry store, Steven
Bowles’ DIY Flower Bar, and even our own Real Estate office- already in Bayshore. It has taken
a village of residents and law enforcement, who sincerely care to bring forth such changes; changes
the entire community gets to reap the benefits from.
In 2014, the Bayshore Triangle was awarded the Sutin Civic Imagination Award. This award
recognizes the collaborative efforts of different teams in the community. The teams were the East
Naples COPS Unit, Collier County Sheriff’s Office, and the Bayshore/Gateway Triangle
Community Redevelopment Area. They joined together to target the issues many were aware of
such as crime and dilapidated buildings. People have noticed these efforts and Bayshore has found
itself the subject of several news articles. An article titled, “Restoring Bayshore’s image:
Development owners investing in East Naples Community” spoke of the “improvements in
infrastructure, crime rates and beautification” that had “transformed” our area. Another article
published July 23, 2017, entitled “New businesses build up status of the Bayshore Arts District”
9.C.10
Packet Pg. 174 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
talks about the buzz local artists are stirring up for Bayshore. There is a resurgence of excitement
in our eclectic community once again. The new proposal for an apartment building with Low-
Income Housing Tax Credit, Cirrus Pointe, benefits absolutely no one in Bayshore.
Bayshore is known as one of the few neighborhoods with affordable housing and rentals. From
Habitat for Humanity homes to Section 8 apartments, Naples has several options for low-income
families and individuals. Affordablehousingonline.com has found Naples currently has 21 low-
income housing apartment complexes, equalling 3,750 apartments, 320 Project based Section 8
subsidized apartments, and 3,898 other low-income apartments. This does not include other types
of affordable housing and homeownership such as the Habitat for Humanity homes. Five of these
low-income housing apartments have 250 or more apartments; two of which are owned by the
same people proposing Cirrus Pointe. Both of their properties, Tuscan Isles and Noah’s Landing,
are almost 100% low-income housing. Although those proposing Cirrus Pointe claim this
particular low-income housing apartment complex won’t be 100% low-income housing, their track
record says otherwise.
Low-income housing is in no way, a terrible concept. It is however, flawed at best. Why?
Low-income housing can unintentionally cause segregation in social and economic status. An
article by the New York Times discussed a review of federal data which found “in the U.S. biggest
metropolitan areas, low-income housing projects that use federal tax credits are disproportionately
built in majority non-white communities.” The article went on to say the government is “essentially
helping to maintain entrenched racial divides.” Low-income housing projects, such as the proposed
Cirrus Pointe, uses federal tax credits. These types of federal funded programs offer developers
larger credits for building in poorer communities. Looking at the 21 low-income housing
apartment complexes and affordable housing in Naples on a map, it is easy to see where the
segregation is. Affordable housing and low-income housing options can all be found in the same
areas.
9.C.10
Packet Pg. 175 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Map of Low-Income Housing Apartment complexes in Naples
9.C.10
Packet Pg. 176 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Map of Habitat for Humanity Homes
As can be seen in the maps, most of the low-income housing options are in the same areas.
Bayshore was considered an option for Cirrus Pointe because of the number of bus stops and
walkability. However, as clearly depicted, Bayshore has more than its fair share of low-income
and affordable housing options. There are other options of land in more central locations which
would make transportation and commutes to work easier for families and individuals with limited
resources.
A more central location is needed for low-income housing options. As of current, the same areas
remain saturated. Bayshore and East Naples are two of those areas. However, Bayshore is not the
only option for this low-income housing development. Three other potential properties have been
identified in varying locations including Immokalee Road, Livingston Road and Santa Barbara
Boulevard.
The Immokalee Road property is about 48 acres.
The Livingston Road property is about 20 acres.
The Santa Barbara Road property is about 5.11 acres.
9.C.10
Packet Pg. 177 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
Map of LIH Apartment complexes with the four potential locations
Both Livingston Road and Santa Barbara Boulevard properties are centrally located but Livingston
is in an area where there is yet to be a low-income housing project. A low-income housing
development in an area where it is lacking will help with social and economic integration. It is an
irresponsible disservice to people who depend on low-income housing options to place them in an
overly saturated low-income housing area. An August 18th search of median home prices proved
to be insightful.
Median Home Price in Bayshore: $170,000.00
Median Home Price in Santa Barbara: $175,000.00
Median Home Price in Immokalee: $262,887.00
Median Home Price in Livingston: $275,000.00
Low-income families and individuals deserve an opportunity to pursue a better life for themselves.
A more central location in an area with high social and economic level can provide just that. The
ramifications for bringing this type of development will be detrimental to both LIH residents and
Bayshore. I understand I am one voice but I am one voice of many who feel the same. Both my
sister and I bought in this area because it was affordable (both of us make less than $50,000 per
9.C.10
Packet Pg. 178 Attachment: Letters of Support and Objection 9-18-17 (003) (3663 : Cirrus Pointe RPUD)
year), we believe in the Arts District it can be and most importantly, because of people who
sincerely care about creating a better community.
Thank you,
Ximena Silva
Ximena Silva, Naples Beach and Bay Realty
C: (239) 682-6141
E: Ximenasilva@att.net
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