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Agenda 10/10/2017 Item #9B
Proposed Agenda Changes Board of County Commissioners Meeting October 10, 2017 Withdraw Item 9B: ***This item has been continued from the September 26, 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] (Petitioner’s request) Move Item 16A12 to Item 11J: Recommendation to approve a Capital Improvement Project of approximately $114,208, for the installation of two (2) Beach Tractor Shelters to be installed at the Tigertail Beach Park and the Vanderbilt Beach Parking Garage to facilitate adequate equipmen t protection and cleaning operations to prolong the operational life of beach cleaning equipment and make a finding that this item promotes tourism. (Commissioner Taylor’s request) Withdraw Item 16D3: Recommendation to approve a Community Development Blo ck Grant (CDBG) release of a 20-year lien for the associated Boys & Girls Club of Collier County land acquisition project consistent with CDBG requirements. (Staff’s request) Continue Item 16F15 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve the annual Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier County in continued support of the established public-private partnership designed to advance the County’s economic development efforts. (Commissioner McDaniel’s request) Continue Item 16F16 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve the annual Agreement between the Partnership for Collier’s Future Economy, Inc. (“Partnership”) and Collier County in continued support of the established public-private partnership designed to advance the County’s economic development efforts. (Commissioner McDaniel’s request) 10/10/2017 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 10/10/2017 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 was rescheduled to the September 21, 2017 CCPC hearing and then to the October 5, 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 by the middle of October.) Letter of objection as well as letters of support have been received. 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. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the 10/10/2017 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 modific ations 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, safety, and welfare? 10/10/2017 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 their recommendation and that of the CCPC verbally at the BCC hearing on October 10, 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. Exhibit E: NIM Notes and Information 8-24-17 (PDF) 7. Legal Ad - Agenda ID 3663 (PDF) 8. Letters of Support and Objection 9-18-17 (003) (PDF) 9. Location Map.pdf 7-18-17 (PDF) 10. Master Plan 8-15-17 (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 3847 Item Summary: ***This item has been continued from the September 26, 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: 10/10/2017 Prepared by: Title: Operations Analyst – Growth Management Operations & Regulatory Management Name: Judy Puig 09/29/2017 3:12 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 09/29/2017 3:12 PM Approved By: Review: Zoning Judy Puig Additional Reviewer Skipped 09/29/2017 3:06 PM Zoning Judy Puig Additional Reviewer Skipped 09/29/2017 3:06 PM Growth Management Department Judy Puig Level 1 Reviewer Skipped 09/29/2017 3:06 PM County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 09/29/2017 3:06 PM Growth Management Department Judy Puig Deputy Department Head Review Skipped 09/29/2017 3:06 PM Growth Management Department Judy Puig Department Head Review Skipped 09/29/2017 3:06 PM County Attorney's Office Judy Puig Level 3 County Attorney's Office Review Skipped 09/29/2017 3:14 PM Budget and Management Office Judy Puig Additional Reviewer Skipped 09/29/2017 3:14 PM Office of Management and Budget Judy Puig Level 3 OMB Gatekeeper Review Skipped 09/29/2017 3:15 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 3:50 PM AGENDA ITEM 9-B Coer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION HEARING DATE: AUGUST 17, 2017 SUBJECT: PUDA-PL20170001626, CIRRUS POINTE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT: Macie Creek, Ltd. 3030 Hartley Road Jacksonville, FL 32257 OWNER: Cirrus Pointe Partners, LLC 516 Cooper Commerce Drive, Suite 200 Apopka, FL 32703 AGENT: Ms. Karen Bishop PMS Inc. of Naples 3125 54a` Terrace SW Naples, FL 34116 The petitioner seeks to amend Ordinance Number 2005-63, as amended, to amend the Cirrus Pointe RPUD to reduce the minimum floor area for multi -family dwelling units, and to approve a Second Amended and Restated Affordable Housing Density Bonus Agreement to allow the Developer to have the option of constructing owner occupied units or rental units designated as Affordable Housing Units. GEOGRAPHIC LOCATION: The subject property, consisting of 9.92± acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. (See the Location Map on the following page.) CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 1 of 13 OT PROJECT LOCATION Location Map « SPUD%'R-BM ® ©IOC,®®BOO®®®®®r0 cu D -R u.e..., PH9 PH8 PH] PH6 PH5 PUD °°_ PUD BOTANICAL PI CE CONDO PH 10 IN MUP PH 13 s PH 12 PH 11 e s PHI PH2 m PH3 PH4 n 's O„ �n T PH III PHI ABACO BAY wA a SITE �a CONDO ® PH Iv PUD LOCATION o d 0" PH II MIF �a RPUD-E M � o� o ®" 0 0 s on THOMASSON DRIVE O°O OO Al1UD-N O OO �O� O O ® © o z oa of® 0000 RMF-6-BMUDaR2 A op of of opo©ololclo� A O�cu ®a1®IID T uxorxe PUD ® m W St 4 C -3-B _ AAA Oa x PUD cu RSF-3-BMUD-R7 Petition Number: PL20170001626 Zoning Map PREM AREA PRESERVE/ WATER MANAAGGEEMMENT RESIDENTIALAREA OJECT #2004070005 TE: 11/10/05 Y DESELEM GRAPHIC SCALE 1.50' PINE BROCK LAKES PUD (APARTMENT COMPLEX) RESKOENTALAREA LAKE. LAKE T1T RWATERE/'N�s NAREA I }III RMHOMESG 3.I1� RESIDENTIAL AREA ;1 PRELIMINARY ESTIMATED LAND USE SUMMARY aewoR TmAL as MRv.. - pw Moo LESS Ir]i!�-BY FAiIER'� T.yi � E ' _ 0..41 Ml1lfe o�dllElis�a�m. " W6Y'AFm NIEA (IIOK-R®1VO- 2E! M Xbi B T U I�SRiF Maes sn: X10 K OW = m nAltw m w KR NGHT- -e\Y ;CI�C�Cn JIM FIELDS ROSS 155K MONTERO550 LN. IPL02 anal ,,,p eO OOBP NAPLES, FL 31110 Clf UNI2 FMp13 MN 2 RAT eOCt 1, rAOE n -A OOUe11 t01MTV, ILCOA i1Me10 evnos ZONING INFORMATION NL m 3OMei � r"0461 .A. WI ION MAIKMRY lMli AT A ON1l�RSAOIYI6Y VNq i9t ACE PLANNING ENGINEERING ,ENVIRONMENTAL NOTES: TAs TION UNA YMLMOF]IT NN ISWT- -tAr NC f mm. M MAX M e RIANTIVNI m � pal �UAIT W a IMA'. MT Ot m OCelAApT N.W MMPAMNx 2 N10NML 1NSCIIM OICM1Kl1 AS 910e1 O tOiQP FLAIL ILfCMAl91 AL K PROelm GIIOq sw SYiRML 1 STCN eA�11 eMAQNFNi m EE lwM 0e KAT11E Ne411E ~ LA O�Y i 10�C5 WY NOf IMCNMCI Mm CIRRUS POINTE PUD MASTER PLAN EXHIBR •A' I • -� � _INOM(ySyON DRIVE VARlEj1, 20ZONINGGELS ZONING C"ZONING NENCE SIF HONES — — _ RMF ZONING STORE UNDEVELOPEDELOPE DEVELOPED RMFEZONMG AGRICULTURAL SAYSHORE SIFHOMES ZONING CORNEAS SHOPPCENTER REAL PROPERTY DESCRIPTION UN Ial wwa weo MIO Helot EIEMENLu� Y ELEMENTARY PRELIMINARY ESTIMATED LAND USE SUMMARY aewoR TmAL as MRv.. - pw Moo LESS Ir]i!�-BY FAiIER'� T.yi � E ' _ 0..41 Ml1lfe o�dllElis�a�m. " W6Y'AFm NIEA (IIOK-R®1VO- 2E! M Xbi B T U I�SRiF Maes sn: X10 K OW = m nAltw m w KR NGHT- -e\Y ;CI�C�Cn JIM FIELDS ROSS 155K MONTERO550 LN. IPL02 anal ,,,p eO OOBP NAPLES, FL 31110 Clf UNI2 FMp13 MN 2 RAT eOCt 1, rAOE n -A OOUe11 t01MTV, ILCOA i1Me10 evnos ZONING INFORMATION NL m 3OMei � r"0461 .A. WI ION MAIKMRY lMli AT A ON1l�RSAOIYI6Y VNq i9t ACE PLANNING ENGINEERING ,ENVIRONMENTAL NOTES: TAs TION UNA YMLMOF]IT NN ISWT- -tAr NC f mm. M MAX M e RIANTIVNI m � pal �UAIT W a IMA'. MT Ot m OCelAApT N.W MMPAMNx 2 N10NML 1NSCIIM OICM1Kl1 AS 910e1 O tOiQP FLAIL ILfCMAl91 AL K PROelm GIIOq sw SYiRML 1 STCN eA�11 eMAQNFNi m EE lwM 0e KAT11E Ne411E ~ LA O�Y i 10�C5 WY NOf IMCNMCI Mm CIRRUS POINTE PUD MASTER PLAN EXHIBR •A' PURPOSE/DESCRIPTION OF PROJECT: The subject property is undeveloped. It was originally rezoned from Residential Multi - Family -6 (RMF -6) and Bayshore Mixed Use District -Residential -2 (BMUD-R-2) to RPUD in Ordinance Number 05-63 (see Exhibit B) on November 15, 2005. That approved the Cirrus Pointe RPUD to allow a maximum of 108 multi -family dwelling units, and the Ordinance also approved an Affordable Housing Density Bonus Agreement authorizing the developer to utilize 78 Affordable Housing Bonus Density Units (at 7.89 Bonus Density Units per acre), to allow a maximum of 32 units designated as Low -Income Affordable Housing Units. Subsequent to that approval, the Board approved Ordinance Number 08-38 (see Exhibit C) on July 22, 2008, amending the Affordible Housing Agreement to increase the maximum number of Affordable Housing Units from 32 to 44 Workforce Housing Units. The total number of residential dwelling units, 108 units, remains unchanged. The proposed Ordinance amendment (see Attachment A: Proposed Ordinance) will: - Amend the PUD Document to reduce the minimum multi -family dwelling unit floor area from 1526 square feet to 650 square feet in the Residential Development Standards Table; - Amend the Affordable Housing Agreement to allow for the option of constructing a minimum of 44 owner occupied for sale units designated as Workforce Housing Units or a minimum of 44 rental units designated as Low Income Housing Units. SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject 9.92+ acre site is currently undeveloped, with a zoning designation of PUD Surrounding: North: Pinebrook Lakes PUD, developed as Abaco Bay, an existing 160 -unit, multi -family, 10 -acre project developed at 16 units per acre East: Single-family homes along Dominion Drive that are within the Avalon Estates Unit 1 subdivision, with a zoning designation of RMF -6 South: Thomasson Drive, and further south Del's Convenience Store, with a C-5 zoning designation, and scattered multi -family residences on lots within the Jonesville subdivision with a zoning designation of RMF-6-BMUD- R2 West: Bayshore Drive, and further west, a cleared, but undeveloped C-3 BMUD- NC zoned tract CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 4 of 13 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The proposed PUD Rezone is consistent with the Future Land Use Element of the GMP. See attached Exhibit D: Future Land Use Element (FLUE) Consistency Review dated July 12, 2017. Housing Element: Community and Human Services (CHS) staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD Document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing. CHS staff finds the proposed development to be consistent with Section 2.06.00 of the Collier County Land Development Code (LDC) and the Housing Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 5 of 13 "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed PUD Amendment on the subject property, as noted previously, is limited to reducing the minimum unit square footage and amending the companion Affordable Housing Density Bonus Agreement. As such, there are no changes that revise the previous transportation planning staff findings or recommendation of approval. Staff also reviewed the project based on the current 2016 AUIR Inventory Report and finds that the adjacent roadway network has sufficient capacity to accommodate the proposed trips within the 5 -year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. In addition, staff offers the below analysis. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 6 of 13 Environmental Review: Environmental Planning staff has reviewed the petition and is recommending approval. This project does not require review by the Environmental Advisory Council (EAC), since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition request and is recommending approval. Zoning and Land Development Review: As previously stated, this PUD Amendment petition will only reduce the minimum multi -family dwelling unit square footage requirement from 1526 square feet to 650 square feet and will amend the Affordable Housing Density Bonus Agreement to allow for rental units as an alternative to the already -allowed owner occupied units. There are no other changes to the land uses, development standares, density, intensity, preserve areas, and buffering standards proposed. Therefore, the original determination of compatibility and appropriateness with the surrounding built -environment is maintained. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. Staff's responses to these criteria are provided below. 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Section has indicated that the proposed PUD Rezone is consistent with all applicable elements of the future land use map and FLUE of to GMP. 2. The existing land use pattern. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report on page 4. Staff believes the proposed amendment is appropriate given the development restrictions included within the PUD Ordinance. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 7 of 13 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment would not create an isolated zoning district, because the subject site is already zoned RPUD. No land is being added to the RPUD as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed above in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, but it is being requested, in compliance with the LDC provisions to seek such changes, because the petitioner wishes to develop rental units and to reduce the minimum dwelling unit square footage requirement. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change to allow rental units and to reduce the minimum dwelling unit square footage requirement will not change the overall density and intensity of land uses allowed by the current RPUD. Therefore, the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 8 of 13 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. Zoning by itself may or may not affect values, since value determination is driven by market demand. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is mostly developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship, because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district and believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The subject property already has a zoning designation of RPUD; the RPUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 9 of 13 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC. Staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the RPUD Document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts on the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the RPUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08." 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 10 of 13 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. The uses are not changing as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes the uses remain compatible given the proposed development standards and project commitments. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed residential land uses that were previously approved are not changing. Therfore, the proposed internal and external compatibilities, buffering, and screening remain the same and are compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The 60% open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and/or site development plans, are sought. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 11 of 13 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This PUD is existing and the reduction in the minimum dwelling unit square footage and amendment to add rental units to the Affordable Housing Density Bonus Agreement are justified and meet a public purpose to provide affordable housing options to Collier County residents. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on August 10, 2017. For further information, please see Exhibit E: Neighborhood Information Meeting Notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20170001626, Cirrus Pointe RPUD, revised on July 31, 2017. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC, forward Petition PUDA- PL20170001626, Cirrus Pointe RPUD, to the BCC with a recommendation of approval. Attachments: Exhibit A: Proposed PUD Ordinance Exhibit B: Ordinance Number 05-63 Exhibit C: Ordinance Number 08-38 Exhibit D: Future Land Use Element Consistency Review Exhibit E: Neighborhood Information Meeting Notes- to be provided as soon as they are available. CIRRUS POINTE RPUD, PUDA-PL20170001626 August 7, 2017 Page 12 of 13 PREPARED BY: NANCY G A H, AI P, PLA PRINCIPA LA R ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER ZONING DIVISION -ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION APPROVED BY: iS FRENCH,�yDEPUT��Y DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT CIRRUS POINTE RPUD, PUDA-PL20170001626 Page 13 of 13 Ns 201 D TE 7-z5'17 DATE '1 -Z -t -o DATE $- 1-1 DATE July 25, 2017 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING ORDINANCE NO. 2005-63, AS AMENDED, TO AMEND THE CIRRUS POINTE RPUD TO REDUCE THE MINIMUM FLOOR AREA FOR MULTI FAMILY DWELLING UNITS, AND TO APPROVE A SECOND AMENDED AND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT TO ALLOW THE DEVELOPER TO HAVE THE OPTION OF CONSTRUCTING OWNER OCCUPIED UNITS OR RENTAL UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES. [PL20170001626] WHEREAS, on November 15"i, 2005, the Board of County Commissioners (`Board") adopted Ordinance No. 05-63, which established the Cirrus Pointe RPUD, and approved the Agreement Authorizing Affordable Housing Density Bonus; and WHEREAS, on July 22"d, 2008, the Board adopted Ordinance No. 08-38, to amend Ordinance 05-63 by approving the Amended and Restated Agreement Authorizing Affordable - Workforce Housing Density Bonus; and WHEREAS, Karen Bishop, of PMS Inc. of Naples, representing Macie Creek, Ltd, petitioned the Board of County Commissioners, to amend Ordinance 2005-63, as amended, to amend the Cirrus Pointe RPUD by reducing the minimum floor area for multi family dwelling units; and further to amend the Amended and Restated Affordable Housing Density Bonus Agreement to allow the developer to have the option of constructing owner occupied units designated as affordable workforce housing units or rental units designated as affordable low income housing units. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Table 1, Residential Development Standards, of the Cirrus Pointe RPUD document [17 -CPS -01695/1351860/1164 Words straek-t!atough are deleted; words underlined are added. Pape I of2 Exhibit A attached to Ordinance No. 05-63, as amended, is hereby amended as described in the attached Exhibit "A," incorporated herein by reference. SECTION TWO: The Amended and Restated Agreement Authorizing Affordable -Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, attached to Ordinance No. 08-38, is hereby deleted in its entirety and replaced with the Second Amended and Restated Agreement Authorizing Affordable Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, attached hereto as Exhibit "B" and incorporated herein by reference. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney [17 -CPS -01695/1351860/1]64 BY: b V31/1-7 PENNY TAYLOR, Chair Words struek4kouglr are deleted; words underlined are added. Page 2 of 2 Exhibit A TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main/Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI -FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25'(3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' Minimum Floor Area 650 Sq. Ft. 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi -family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. Words sirunk-Ihrminh are deleted: Words undeLlnad are added. Exhibit B This space for recording SECOND AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE WORKFORCE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS SECOND AMENDED AND RESTATED AGREEMENT ("Agreement') is made as of the day of , 2017, by and between Macie Creek. Ltd., a Florida limited partnership and its successors and assigns (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." and replaces the prior Amended and Restated Agreement Authorizing Affordable Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property dated July 22, 2008 between Commission and Cirrus Pointe Partners, LLC, a Florida limited liability company ("Seller") which was recorded in Official Records Book 4385, Page 0392 of the Public Records of Collier County, Florida, in its entirety. RECITALS: A. The Developer is under contract with Seller to purchase the tract of real 4/12/06 Page 1 of 49 property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of owner occupied Affordable Workforce housing units (as to Alternative A) or rental Affordable Workforce housing units (as to Alternative B) constructed by Developer shall be at least 44, representing at least 40 percent of the total number of residential Units approved in the development, or 56.4 percent of the approved bonus units. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct owner occupied Affordable Workforce units (as to Alternative A) or rental Affordable Workforce units (as to Alternative B) as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: for the Developer to select one or the other of Alternative A (Owner Occupied For Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of the first building permit for a [17 -CPS -0169511351837/1I Page 2 of 49 residential unit. 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The maximum number of residential units constructed on the site shall be 108 units including a maximum of 44 Affordable Housing Density Bonus Dwelling Units. The Developer hereby agrees that it shall construct a minimum of 44 Affordable Workforce units, representing at least 40% of the approved residential density as either 1) owner occupied housing units (as to Alternative A) or 2) rental (as to Alternative B), which units shall be made available in accordance with the terms and conditions of this Agreement and as specified by the attached Alternative A (Owner Occupied For Sale Units) and Alternative B (Rental Units) Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 'Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income [I 7 -CPS -01695/1361837/1) Page 3 of 49 of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. in the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Household income eligibility is a three- step process: 1) submittal of an application by a prospective Owner (as to Alternative A) or Tenant (as to Alternative B); 2) verification of family housing unit provided under the Affordable Workforce housing density bonus program prior to being qualified at the appropriate level of income (low or workforce) in accordance with this Section; 3) certification of eligible Owner (as to Alternative A) or Tenant (as to Alternative B) by the Community and Human Services Department. The Developer shall be responsible for qualifying households by accepting applications, verifying income and obtaining income certification for all Affordable Workforce units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible household shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential occupant shall apply to the developer, owner, manager, or agent to qualify as a very low, low, or workforce income family for the purpose of occupying an Affordable Workforce housing unit pursuant to the Affordable [17 -CPS -0189511351837/1) Page 4 of 49 Workforce housing density bonus program. The Preliminary Application for Affordable Workforce housing unit shall be provided to Collier County Community and Human Services Division as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No Affordable Workforce housing unit in the development shall be occupied by a household whose income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The term 'occupant' herein shall refer to an individual occupant or occupants. The term "household" referenced herein shall refer to all of the individuals who will reside in the unit, to include all adults whose income will be used to determine income qualification, regardless of relationship. The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 -day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference [17 -CPS -01695/1351837/1] Page 5 of 49 herein. (d) Income Certification. Upon receipt of the Preliminary Application for an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the Affordable Workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant(s) as eligible to occupy an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit under the Affordable Workforce housing density bonus program. The Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. (e) Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. (f) Deemed Compliance. Notwithstanding any language to the contrary contained herein, the Developer shall be deemed to be in compliance with Section 2.a(3) of this Agreement f the Developer has complied with the tenant eligibility and qualification requirements of Florida Housing Finance Corporation applicable to the Property with respect to the Units. (4) Annual Progress and Monitorinq Report. The Developer shall provide the Community and Human Services Division an annual progress and monitoring report regarding the delivery of Affordable Workforce owner occupied (as to Alternative A) or [i 7 -CPS -01695/1351637/11 Page 6 of 49 rental (as to Alternative B) housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with this Agreement and LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested and approved by the County Manager or his designee prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No owner occupied (as to Alternative A) or rental (as to Alternative B) unit in any building or structure on the Property shall be occupied by the Developer or any person related to or affiliated with the Developer. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 10.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Community and Human Services Division or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions [1 7 -CPS -01695/1351837/1) Page 7 of 49 which are applicable to the Affordable Workforce units. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit provided under the Affordable Workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. In the event that the Developer is not in compliance with this Agreement and the Developer provides the Commission the names and addresses of its Equity Investors and Lenders, as defined below, the Commission shall provide a copy of any and all default notice(s) sent to the Developer to any equity investors of the Developer (the "Equity Investors") and any unrelated third party institutional and/or governmental lender(s) who provide mortgage financing for any portion of the Property (the "Lenders") and the Equity Investors and any Lenders shall have thirty (30) days to cure such violation prior to the Commission's rights to enforce any of its rights under this Agreement. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - [17 -CPS -01695/1351837/11 Page 8 of 49 receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. Except as set forth in this Section 6, the Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: [17 -CPS -01695/1351637/1] Page 9 of 49 To the Commission: Collier County Community and Human Services 3301 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: Macie Creek, Ltd., 3030 Hartley Road, Suite 310 Jacksonville, FL 32257 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Seller and Developer agree that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person now and then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said [17 -CPS -01895/1351837/1) Page 10 of 49 obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement, The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit shall be restricted to remain and be maintained as the type of required Affordable Workforce housing unit designated in accordance with this Agreement, as provided in the LDC §2.06.04, for a period of fifteen years after the certificate of occupancy is issued. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any occupant or potential occupant because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rent, sells or maintains the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing unit, it must advertise, rent, sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such Affordable Workforce owner occupied (as to Alternative A) or renting such rental (as to Alternative B) housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the rental, purchase and sale of Affordable Workforce units. [17 -CPS -01695/1351837/1] Page 11 of 49 e. The Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the Affordable Workforce owner -occupied (as to Alternative A) or rental (as to Alternative B) housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Workforce Housing Density Bonus shall be the same for market rate units and Affordable Workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable/Workforce Housing Density Bonus shall be the same in both the market rate units and the Affordable Workforce owner occupied (as to Alternative A) or rental (as to Alternative B) units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and Affordable Workforce units are the same within each phase and provided that in no event may a market rate unit or Affordable Workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of Affordable Workforce housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to at least 40 percent Affordable Workforce housing units for this project, with at least 40 percent of the units in each phase consisting of Affordable Workforce units, as described in this Agreement. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer/renter or lender of the particular Affordable Workforce housing unit or [1 7 -CPS -01 695/1351837/11 Page 12 of 49 units, which units in the development are designated as Affordable Workforce units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of Affordable Workforce housing density bonus approved for the development. 20. Affordable Workforce Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Workforce Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. [Signatures on Following Page] (17-C PS -01 695/1351837/11 Page 13 of 49 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. Attest: Dwight E. Brock, Clerk WITNESSES: Name: Name: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Name: Title: DEVELOPER: Macie Creek, Ltd., a Florida limited partnership By: Macie Creek GP, LLC, a Florida limited liability company, its general partner By: Vestcor, Inc., a Florida corporation, its manager an Name: Title: Approved as to form and legality Assistant County Attorney t17 -CPS -0169511351837/1j Page 14 of 49 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Second Amended and Restated to Agreement Authorizing Affordable - Workforce Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2017. Notary Public My Commission Expires: [17 -CPS -01695/1351837/1] Page 15 of 49 SELLER: WITNESSES: Cirrus Pointe Partners, LLC, a Florida limited liability company Name: Name: STATE OF FLORIDA ) COUNTY OF COLLIER ) By: Name: Title: The foregoing Second Amended and Restated to Agreement Authorizing Affordable - Workforce Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2017. Notary Public My Commission Expires: [1 7 -CPS -01895/1351837/11 Page 16 of 49 EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. [17 -CPS -01695/1351837/1] Page 17 of 49 ALTERNATIVE A (Owner Occupied for Sale Units) APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 44 4 Bedroom TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency i17 -CPS -01695/1351837/11 Page 18 of 49 I�:7:T • � u 2 Bedroom 4 Bedroom TOTAL 0 0 VERY LOW INCOME (50% OR LESS MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including Affordable Workforce housing density bonus units) 10.89 units/acre. (5) Percentage of Affordable Workforce housing units pledged by the developer (as a percent of the total number units in the development) 40% [17-CPS•01695/1351837111 Page 19 of 49 APPENDIX A, EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct Affordable Workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The Affordable Workforce housing density bonus rating system shall be used to determine the amount of the Affordable Workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the Affordable Workforce housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, workforce, or gap) of the Affordable Workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of Affordable Workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum Affordable Workforce housing density bonus (AWHDB) available to that development. Developments with percentages of Affordable Workforce housing units which fall in between the percentages shown on Table A shall receive an Affordable Workforce housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of Affordable Workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as Affordable Workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an Affordable Workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the Affordable Workforce housing density bonus exceed eight (8) dwelling units per gross acre. 117•CPS•0169511351837111 Page 20 of 49 APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner -occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. 117 -CPS -0169511351837111 Page 21 of 49 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS MEDIAN INCOME 2017 $68,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY Category Percentage Category Rent Limit by Number of Bedrooms (incl, utilities) Category Efficiency 1 2 3 4 Income Limit by Number of Persons in Household 30% $366 $392 Name $543 1 2 3 4 5 6 7 8 9 10 Extremely Low 30% $14,640 $16,740 518,840 $20,910 $22,590 $24,270 $25,950 $27,630 $29,274 $30,947 Very Low 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 $48,790 $51,578 Low 601/6 $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 $58,548 $61,894 Workforce 80% $39,040 $44,640 $50,240 $55,760 $60240 $64,720 $69,200 $73,680 $76,064 $82,525 Median 100% $48,800 $55,800 $62,800 $69,700 $75,300 $80,900 $86,500 $92,100 $97,580 $103,156 Moderate 120% $58,560 $66,960 $75,360 $83,640 $90,360 597,08D $103,800 $110,520 $117,096 $123,787 Gap 150% $73200 $83,700 $94,200 $104,550 1 $112,950 1 $121,350 1 $129,750 $138,150 1 $146,370 $154,734 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2017 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME Category Name Percentage Rent Limit by Number of Bedrooms (incl, utilities) Category Efficiency 1 2 3 4 Extremely Low 30% $366 $392 $471 $543 $606 Very Low 50% $610 $653 $785 $906 $1,011 Low 600/0 $732 $784 $942 $1,087 $1,213 Workforce Book $976 $1,046 $1,256 $1,450 $1,618 Medlan 1006/° $1,464 $1,569 $1,884 $2,175 $2,427 Moderate iZ% $1,464 $1,569 $1,884 $2,175 1 $2,427 Gap 150°k 51,830 51,959 $2,355 $2,718 1 $3,033 (17 -CPS -01695/1351837/11 Page 22 of 49 Location LOCATION Naples and Coastal Collier County Immokalee and East of UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Utility Allowances may be updated based upon a utility allowance study approved by Florida Housing Finance Corporation. 117 -CPS -01695/1351837/11 Page 23 of 49 APPENDIX B. EXHIBIT A APPLICATION FOR AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT (If there are more than two income earning household members, please complete additional forms) Date Occupancy Desired: Your Name: Co -Tenant Name: Date of Application: Amt. of Sec. Deposit: Race/National Origin: Handicap: Yes _ No Race/National Origin: Handicap: Yes _ No Present Address: Street City State Zip Telephone No. Name of Landlord: How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City APPLICANT: Present Employers Name: _ Address and Telephone No.: How long with Present Employer: State Zip Telephone No. Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number: Previous Employers Name: _ Address and Telephone No.: How long with Previous Employer: CO -TENANT: Present Employers Name: _ Address and Telephone No.: How long with Present Employer: (17 -CPS -01695/1351837/ 1) Page 24 of 49 Job Title: Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: NAMES OF ALL WHO OCCUPY UNIT 2. PERSONAL REFERENCE (Not Relatives) I . Name: 2. Name: Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Monthly $ Job Title: BIRTH DATE SEX AGE SOCIAL SECURITY Address: How Long Known:_ Address: How Long Known:_ [17 -CPS -01895/1351837/11 Page 25 of 49 Date Date APPENDIX B, EXHIBIT B AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Security Number: Co -Tenant's Name: Social Security Number: Present Address: Street City State Zip Telephone No. I hereby make application for a unit at: I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit, or fail to report my assets or forms of from income pensions, stocks, bonds, real property rent, sale, or ownership is a fraudulent act punishable by law. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Comp Welfare Food Stamps Social Security Soc Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits Union Pension Self -Employment Business, Silent Partner, etc. Private Insurance Pension TOTAL ANNUAL INCOME Auolicaut Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay $ $ $ $ $ $ $ $ $ $ Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. 1 understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I [17 -CPS -01695/1351837/11 Page 26 of 49 am not required to surrender my ownership or rights or claimed property, pensions, or capital gains, etc. I authorize release of income related information for the purposes of validating reported income. PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Signature of Co-Tenant/Applicant (17 -CPS -01895/1351837/1] Page 27 of 49 Date Date Date APPENDIX B. EXHIBIT C AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME CERTIFICATION (FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER) APPLICANT: Present Employer: Address: Street City State Zip I, on this certification form. (Applicant) Signature of Applicant STATE OF FLORIDA ) ) as COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced identification, Witness my hand and official seal this 20 (notary seal) My Commission Expires: Job Title: hereby authorize the release of the information requested day of , Notary Public as THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE WORKFORCE UNIT. [17 -CPS -01895/1351837/1) Page 28 of 49 APPLICANT INCOME CERTIFICATION FORM - EMPLOYER CERTIFICATION (I for each applicant with income) Business or Employer Name: Business or Employer Address: Business or Employer Phone Number: Name of person at business completing this form: Position of person completing this form (Le, supervisor, human resources) Applicant's Gross Annual Income or Rate of Pay: Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor/Information Provider Date STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by . Who is personally known to me or has produced as identification. Witness my hand and official seal this day of 20_. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE WORKFORCE UNIT. [17 -CPS -01695/1351837/1 ] Page 29 of 49 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92. 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 12-02-04 and if the request has been approved, state the Ordinance number 05-63, as amended by 08-38. 3. Gross density of the proposed development. 10.89 Gross acreage of the proposed development. 9.92 4. Are Affordable Workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe RPUD, located at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive 5. Name of applicant: Macie Creek Ltd Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. [17 -CPS -01 695/1351837/11 Page 30 of 49 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 108 Other Bedroom TOTAL 108 TABLE II Number of Affordable Workforce Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL [17 -CPS -01695/1351837/11 In accordance with LDC Section 2.06.03.D. — All owner occupied Page 31 of 49 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom _ 3 Bedroom 44 44 Other TOTAL 44 In accordance with LDC Section 2.06.03.D. — All owner occupied LOW INCOME 51-60% MI Efficiency 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL _ VERY LOW INCOME 50% OR LESS MI Efficiency _ 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL _ [17 -CPS -016951135183711] Page 32 of 49 7. Please provide a physical description of the Affordable Workforce units by type of unit (very low income, low income, workforce income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 44 Workforce Housing Units in the Cirrus Pointe PUD. These Workforce Housing Units will be comprised of 44 three-bedroom Units. All Workforce Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated Workforce Housing Units will be offered as moderately priced multi -family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. [17 -CPS -01 695/1351837/11 Page 33 of 49 ALTERNATIVE B (Rental Units) APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS Single Multi Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL [I 7 -CPS -01 695/1351837/11 Page 34 of 49 BASE RENT Single Multi Family Family LOW INCOME (51%-60% MI) OR LESS Efficiency 1 Bedroom _9_ 784 2 Bedroom _19_ 942 3 Bedroom _16_ 1087 4 Bedroom TOTAL 0 44 The unit mix may change +/- 30%, so long as the number of units is at least 44. VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (4) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (6) Gross residential density of this development (including Affordable Workforce housing density bonus units) 10.89 units/acre. (7) Percentage of Affordable Workforce housing units pledged by the developer (as a percent of the total number units in the development) 40% . [17 -CPS -01685/1351837111 Page 35 of 49 APPENDIX A, EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct Affordable Workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The Affordable Workforce housing density bonus rating system shall be used to determine the amount of the Affordable Workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the Affordable Workforce housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, workforce, or gap) of the Affordable Workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of Affordable Workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum Affordable Workforce housing density bonus (AWHDB) available to that development. Developments with percentages of Affordable Workforce housing units which fall in between the percentages shown on Table A shall receive an Affordable Workforce housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of Affordable Workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as Affordable Workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an Affordable Workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the Affordable Workforce housing density bonus exceed eight (8) dwelling units per gross acre. [17 -CPS -01695/1351837/1) Page 36 of 49 APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE WORKFORCE HOUSING Household Product Income (% median 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI ,owner -occupied only "May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. (17 -CPS -01695/1351837/11 Page 37 of 49 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS MEDIAN INCOME 2017 $68,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY Category Percentage Category Rent Limit by Number of Bedrooms (Incl. Income Limit by Number of Persona in Household Extremely Low 30% $366 Name $471 1 2 3 4 5 6 7 8 9 10 Extremely Low 30% $14,640 $16,740 $18,840 $20,910 $22,590 $24,270 $25,950 $27,630 $29,274 $30,947 Very low 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 $48,790 $51,578 Low 60% $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 $58,548 $61,894 Workforce 80% $39,040 $44,640 $50,240 $55,760 $60,240 $64,720 $69,200 $73,680 $78,064 $82,525 Median 100% $48,800 $55,800 $62,800 $69,700 $75,300 $80,900 $86,600 $92,100 $97,580 $103,156 Moderate 120% $58,560 $66,960 $75,360 $83,640 $90.360 1 $97,080 1$103,800 1 $110,520 1 $117,096 $123,787 08P 150% 573,200 $83,700 1 $94,200 $104,550 1 $112,950 1 $121,350 1 $129,750 1 $130,150 1$146,370 1$154,734 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2017 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME Category Name Percentage Category Rent Limit by Number of Bedrooms (Incl. utilities) Efficiency 1 2 3 4 Extremely Low 30% $366 $392 $471 $543 $606 Very Low 50% $610 $653 $785 $906 $1,011 Low 60% $732 $784 $942 $1,087 $1,213 Workforce 80% $976 $1,046 $1,256 $1,450 $1,618 Median 100% $1,464 $1,569 $1,884 $2,175 $2,427 Moderate 1209% $1,464 $1,569 $1,884 $2,175 1 $2,427 Gap 150% $1,830 $1,959 1 $2,355 1 $2,718 1 $3,033 (17 -CPS -01695/1351837/1) Page 38 of 49 Location LOCATION Naples and Coastal Collier County Immokalee and East of UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Utility Allowances may be updated based upon a utility allowance study approved by Florida Housing Finance Corporation. [17•CPS•01695/1351837111 Page 39 of 49 APPENDIX B. EXHIBIT A APPLICATION FOR AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT (If there are more than two income earning household members, please complete additional forms) Date Occupancy Desired: Date of Application: Amt. of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name: Race/National Origin: Handicap: Yes No _ Present Address: Street City State Zip Telephone No Name of Landlord: Landlord's Address: Street City State Zip How Long at this Address: _ Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City APPLICANT: Present Employers Name: Address and Telephone No.: _ How long with Present Employer: State Zip Telephone No. Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: CO -TENANT: Present Employers Name: [17 -CPS -01695/1351837/11 Page 40 of 49 Job Title: Address and Telephone No.: How long with Present Employer: Gross Salary: Hourly $ Weekly $ Every 2 Weeks Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: NAMES OF ALL WHO OCCUPY UNIT 4. 5. 6. PERSONAL REFERENCE (Not Relatives) 3. Name: 4. Name: Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Job Title: Monthly Job Title: BIRTH DATE SEX AGE SOCIAL SECURITY Address: How Long Known:_ Address: How Long Known:_ [17 -CPS -01695/1351837/11 Page 41 of 49 Date Date APPENDIX B. EXHIBIT B AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co -Tenant's Name: Present Address: Street City State I hereby make application for a unit at: Security Number: Social Security Number: Telephone No. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit, or fail to report my assets or forms of from income pensions, stocks, bonds, real property rent, sale, or ownership is a fraudulent act punishable by law. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Comp Welfare Food Stamps Social Security Soc Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits Union Pension Self -Employment Business, Silent Partner, etc. Private Insurance Pension TOTAL ANNUAL INCOME Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I 117 -CPS -01695/1351837/1) Page 42 of 49 am not required to surrender my ownership or rights or claimed property, pensions, or capital gains, etc. I authorize release of income related information for the purposes of validating reported income. PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT, THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. Signature of Tenant/Applicant Signature of Co-Tenant/Applicant Signature of Co-Tenant/Applicant [17 -CPS -W69511351837/1) Page 43 of 49 Date Date Date APPENDIX B, EXHIBIT C AFFORDABLE, WORKFORCE, GAP HOUSING APPLICANT INCOME CERTIFICATION (FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER) APPLICANT: Present Employer: Job Title: Address: Street City State Zip 1, , hereby authorize the release of the information requested on this certification form. (Applicant) Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced identification. Witness my hand and official seal this 20 (notary seal) day of LJ Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE WORKFORCE UNIT. [17 -CPS -01695/1351837/11 Page 44 of 49 APPLICANT INCOME CERTIFICATION FORM - EMPLOYER CERTIFICATION (I for each applicant with income) Business or Employer Name: Business or Employer Address: Business or Employer Phone Number: Name of person at business completing this form: Position of person completing this form (i.e. supervisor, human resources) Applicant's Gross Annual Income or Rate of Pay: Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor/Information Provider Date STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by . Who is personally known to me or has produced as identification. Witness my hand and official seal this day of 20 (notary seal) My Commission Expires: Notary Public THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE WORKFORCE UNIT. [17 -CPS -01695/1351837111 Page 45 of 49 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Division. All items requested must be provided. I . Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92. 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 12-02-04 and if the request has been approved, state the Ordinance number 05-63. as amended by 08-38. 3. Gross density of the proposed development. 10.89 Gross acreage of the proposed development. 9.92 4. Are Affordable Workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe RPUD located at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive 5. Name of applicant Macie Creek Ltd Name of land developer if not the same as Applicant: [17 -CPS -01695/1351837/11 Page 46 of 49 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom 18 Two Bedroom 48 Three Bedroom 42_ Other Bedroom TOTAL 108 The unit mix may change +/- 20%, so long as the number of units does not exceed 108. TABLE II Number of Affordable Workforce Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom _ Other _ 117 -CPS -01695/1351837/11 Page 47 of 49 TOTAL WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 51-60% MI Efficiency I Bedroom 9 9 2 Bedroom 19 19 3 Bedroom 16 16 Other TOTAL 44 44 The unit mix may change +/. 30%, so long as the number of units is at least 44. VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom _ 2 Bedroom [17 -CPS -01695/1351837/1) Page 48 of 49 3 Bedroom Other TOTAL 7. Please provide a physical description of the Affordable Workforce units by type of unit (very low income, low income, workforce income, gap income) and by number of bedrooms, Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 44 Affordable Workforce Housing Units in the Cirrus Pointe PUD. These Affordable Workforce Housing Units will be comprised of a mixture of 1, 2, and 3 bedroom Units. The I bedroom units will have a minimum air conditioned square footage of 650 square feet, the 2 bedroom units will have a minimum air conditioned square footage of 900 square feet, and the 3 bedroom units will have a minimum air conditioned square footage of 1,050 square feet. All Affordable Housing Units will be rented to tenants as multi -family units. Each unit will come standard with carpet and vinyl floors, refrigerator, dishwasher, stove, washer/dryer hook-up, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. Parking will be provided for each unit. The entire community will consist of up to 108 multi- family units and the units. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. [17 -CPS -01695/1351837/11 95715683 v7 Page 49 of 49 INN ORDINANCENO.05- 63 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD-R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD-R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields, petitioned the Board of County Commissioners, in Petition Number PUDZ-2004-AR-6906, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF -6 Zoning District with BMUD-R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning District with BMUD-R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow for a multi -family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 32 units designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004.41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 Exhibit B SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier f " County, Florida, this ".% day of C A??11./) ''2005. ATTEST: .vICr.HT B;BR„ c,C MRK Atte, ��'C0 imp'S f 7pfidt4�;;w1� Approved as to Form and Legal Sufficiency: Marjori . Student -Stirling Assistant County Attorney PUDZ-20x4-AR-6906/KD/sp —4_tiaQlyre Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: � W. FRED W. COYLE, CHAI AN This ordinance filed with the ecretary of State's Office the al S— day of6lCA1�C and acknowledgeme that filin receiv d this 05 day of ey a.run b.k CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2. 2004 DATE REVISED October 29. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-63 TABLE OF CONTENTS PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN g SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 0 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS iii STATEMENT OF COMPLIANCE The development of approximately 9.92± acres of property in Collier County, as a Planned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units/per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Proiect Within the Urban Coastal Fringe Subdistrict Base Density 4 dwelling units/acre Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density = 10.89 dwelling units/acre Maximum permitted units = 9.92 acres x 11 dwelling units/acre = 109 units Requested dwelling units = 108 All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development. Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Cirrus Pointe Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.3 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. '.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF -6 Zoning with BMUD-R2 Overlay and is proposed to be rezoned to RPUD with the BMUD-R2 Overlay. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #7 — Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid -story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi -family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configurations and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT-OF-WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi -family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cines Pointe RPUD. 10 RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main/Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI -FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25'(3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' Minimum Floor Area 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi -family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. B. Off -Street Parkin o and Loading Requirements Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements• 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on-site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. The owner/developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Reguirements• If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally -designed shingles (such as Timberline). F. Si ns Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas, 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90-10, as amended. 5.7 UTILITIES W A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. C. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4 -inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4 -inch force main, connection to either the 12 -inch force main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site -related improvements (as opposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01-13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. If any required tum lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer 17 and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6 -foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. N. Prior to approval of the site development plan, the owner shall deed over the right-of-way easement located at the southwest comer of the subject property to Collier County. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation/preservation areas shall be designated' as preserves on all construction plans and, if the project is platted, shall be recorded on the 18 plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to Environmental Services Staff for review and approval prior to site development plan approval. 19 All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 20 YVTM YA AGENT AMA INFORMATIONAL ONLY PUD&2004-AR-6906 PROJECT #2004070005 DATE: 11/10/05 KAY DESELEMGlWHICSOME (A ONO LANESPUO (APARfMEM COMPLE)() PFIESERM ANENT RESWENnALAMA RESIOENTNLAREA I ' RESMEIIMLAREJI LAZE �� ! LAZE RM" ZONMG WHOMES PRELIMINARY ESTIMATED LAND USE SUMMARY aMIE1r TOL1L ]IE NG. -- .a.va sM MEM g�-A06-Ic�r W ZONING GAYSHOFIEZONIN CORNERS zls Aao moM URM®--------RM--P--- MN ANO 42A 2mmills nm --- CENTER REAL PROPERTY DESCRIPTION AVALON ELNTTAARY INr wz NMfM aoo Me MWt urA[ rNMs SCHOOL PRELIMINARY ESTIMATED LAND USE SUMMARY aMIE1r TOL1L ]IE NG. -- .a.va sM MEM g�-A06-Ic�r ac1° ACM zls Aao moM PICK" NEA MN ANO 42A 2mmills nm IMOSCNiD ATEA p01-PR�rtt}. Q zM ADIES ML OR .Io c pFLICAI®m mIP mrlr RM Marg-wr 11AT MIIII y PAQ i1 -A &a aMSR, ROOA �C Ip Cy ZONING INFORMATION rEv : M/F1p.�rp.M -.2� 01M1A. raR lar W.RfFM' M2i AT 11 MIM�Av 16M Iu121ve AL1C MO 1 MMMML 1pFMAM MIpSATYI AS MIOMI O WIaNN. flIM. mEgMNIE1 ML c MMIMM MINIO a aMrlrN_ z .u�u MEI MrumlrNr W c MMA ne NA21C FIm1YE L MRSN24, SIMIXIIRS MM FA10M1R MY IMr GMMW ftftm■w■FIELDS �i. ■ —m- ■ 15514 JIM PLN. r702 CIRRUS POINTE MASTER PLAN G�O1 OIEIEEEEIME OEMr NAPLES.FLW10 WSG Mme vrsmenoc+.wurtvxw�etiasimn.:ae EXHIBR'A' Z75 4006PUD5 IECP #2004070005 E: 11/10/05 DESELEM I I "lurl r--- PRESERVE/ (7' > WMMN ENfRF� AREA aw AREA WATERPRESERM �_ i I i IEsaENn/�LMEw LAKE LAM RESIDENTIAL AREA GRAPHIC SON ,•-eo msaZCMNG SIP HOMES �Y.ieY Cd C-0ZdlM6 Mlfd20NNG fAffaLOINC+ NI�lDOHNG AMORAL ZONING �9 � QN.1E Iff NOTES 111♦9EVEI.OP® SIFM]AEa M9�i e"M REAL PROPERTY DESCRIPTIONELAAVVALON SHOPPINGIor,m. alma aaea MI muac arna r..s an : SCHOOL cunni MT eaaa ,. Pi a-► Cath 09;. nma ti¢ IONIa PRELIMINARYESTIMATEDLAND USE �SUMMARY ZONING INFORMATION amortlIEIIlr ws® ms - Mw .. a me°�aT�ws wrs Ra w aSIXIMP a ZLm 102 vIwew s1°ia m sm ala c aaia,m m MITI ao m MQRP -Mr 611161118411111* jem"Bron �� ,5SM N.SM PLANNING. ENGINEERING. ENVIRONMENTALNOTES: iamalmall, m YINS taRW1Y1T01[V 1�CWNn II�I�IiM�Ii�IL M nFIRM. PLAT M XX M 6a flrtNAN APAIR K oUII a WIUMM.COMM�wl71 ILL.�it rianIMINN a ao aww s 9CO 9 K x noel .amt IMrmmlr m c Iew ma lame nieo/oe A mama aaaCaO Ma"l wn IMT aa!61IOWI MN E"Ii`9' Prepared by: Patrick G. White Ass't. Collier County Att'y. 3301 Tamiami Trial East Naples, Fl. 34112 RESTRICTIONS ON REAL PROPERTY This space for recording THIS AGREEMENT is made as of the day of 2005, by and between James J. Fields (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable Units constructed by Developer shall be 32 , representing 30 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable RECEIVED Rev 9/3/2003 Page 1 of 30 JUL 2 5 2005 "MNG SEItiVtCESCt[ A TMENT Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 32 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 'Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown ori a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site Page 2 of 30 development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eliaibility and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and Page 3 of 30 occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verity all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible Page 4 of 30 family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = Page 5 of 30 density bonus units per acre X gross acreage) of 11.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. Page 6 of 30 The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: Page 7 of 30 To the Commission:. Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, FL 34110 With copy to: Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnity. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants, The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. Page 8 of 30 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes Page 9 of 30 place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 30 percent affordable housing units for this project, with 30 percent of the units in each phase as built consisting of.affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapolication. Developer has executed and submitted to the Page 10 of 30 Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved aq t� form and legal sufficiency: Patrick G. W ite Assistant County Attorney Page 11 of 30 Witnesses: J7y� DEVELOPER: Witness Printed Name 44' 'ern, L. e�Cr TER�n1 i5'1"��Z� Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) M 1Ld---4r,L Fi e=,—DS The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by -.AMES I h #Ec P5 as 0L44;rQ ) bEVC(epr"Z of C i a 21-+5 'PO lov'—jc who is personally known to me or has produced as identification. WITNESS my hand and official seal this . 5215r day of 7t.4,L Y 2005. �rawM My Commission Expires: 3i -2-G()4& Page 12 of 30 LL-7<7>Le.✓C otary. blic EXHIBIT A LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." Page 13 of 30 APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 21 4 Bedroom 0 TOTAL 0 21 VERY LOW INCOME (50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 11 4 Bedroom 0 TOTAL 0 11 VERY -VERY LOW INCOME (25%-50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Page 14 of 30 4 Bedroom 0 TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable housing density bonus units) 10.89 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 30 %. Page 15 of 30 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner -occupied or rental, single-family or multi -family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B. and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B. the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling Page 16 of 30 units per gross acre. APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80% MI= MODERATE (OWNER -OCCUPIED, 0 1* 1* SINGLE-FAMILY) 60% MI= LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI= VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI -FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACREI AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 17 of 30 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61% to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME Page 18 of 30 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 1 $549 $635 $708 2 5% $327 $392 $453 $506 Page 18 of 30 Page 19 of 30 UTILITY ALLOWANCES ONE B/R TWO B/R THREE BIR FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 19 of 30 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co -Tenant Name Present Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes _ No _ Race/National Origin: Handicap: Yes _ No Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer:_ Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer _ CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: State Zip Telephone No. _ Job Title Every 2 Weeks $ Monthly $ Birth Date --- Job Title Job Title Page 20 of 30 Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Previous Employers Name Address and Telephone No., Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTHDATE SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 21 of 30 APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co -Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Page 22 of 30 Auolicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Page 22 of 30 Union Pension Self -Employment Business, Silent Partner, etc. Private Insurance Pension TOTAL ANNUAL INCOME THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT, Page 23 of 30 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Street I, (Applicant) on this certification form. Job Title: City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) My Commission Expires: Page 24 of 30 as Notary Public 2005. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by. Who is personally known to me or has produced identification. Witness my hand and official seal this __ day of (notary seal) as 2005. My Commission Expires: Notary Public THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 25 of 30 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Administration and Housing Department. All items requested must be provided. A copy must also be provided to the Financial 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD -9.92 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 12-2-04 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 10.89 units/acre. Gross acreage of the proposed development. 9.92 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe PUD located and the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: _N/A 6. Please complete the following tables as they apply to the proposed development. Page 26 of 30 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE 11 Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner MODERATE INCOME Rental Occupied Rental Occupied 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 0 0 Page 27 of 30 LOW INCOME 60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50%MI Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 —0- 0 p 0 p 22 22 0 p 22 22 0 0 0 10 0 10 0 0 0 10 0 10 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach Page 28 of 30 additional pages as Exhibit "D" if needed. (See Attached) 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. Page 29 of 30 APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus Pointe PUD. These Affordable Housing Units will be comprised of 10 three-bedroom Very Low Income (50% of Median Income) and 22 three-bedroom Low Income (60% of Median Income) Units. All Affordable Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house additional storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated Affordable Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. Page 30 of 30 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-63 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK Clerk of Courts an =. � e '7-`ftw Ex -officio to Board' of County Commissigh '- By: Ann J pejo Deputy Clerk -4" + ORDINANCE NO. 08- 38 ORDINANCE AMENDING ORDINANCE NO. 2005-63, TO INEFLECT CONSIDERATION AND APPROVAL OF AN AMENDED VAND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI- FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick G. White, of Porter Wright Morris & Arthur, LLP, representing James Fields, petitioned the Board of County Commissioners, to amend the previously approved Affordable Housing Density Bonus Agreement to reflect a revision from 32 to 44 affordable housing units now being designated as workforce housing instead of low or very low-income, without changing the total number of developable units (108) or the density of such development previously approved as part of Ordinance No. 2005-63. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF:..COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ! SECTION ONE: ., That Ordinance 2005-63 is amended and revised to reflect that development of :this project will be for qualified residents that will include a maximum of 44 affordable housing units designated as workforce housing units. The amended and restated Affordable Housing Density Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement previously approved as an attachment to Ordinance No. 2005-63. Words ugh are deleted; words underlined are added. Page 1 of 2 ------- Exhibit C SECTION TWO: All other provisions of Ordinance Number 2005-63 are unchanged by this Ordinance and shall remain in full force and effect, specifically including all portions of the Cirrus Pointe Residential Planned Unit Development Regulations and Supporting Master Plan, which are unaffected by this Ordinance or its attached Exhibit "A." SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AN.D�,DU[Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this GG day of 71&I4_ 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK COLLIER CO Y F RIDA 0cl. BY: OBr uty erk TOM HENNING Chairman APpmyed •as• tQ fioam and Assistant County Attorney N"LM555]]6 v.01 t ritCQ Wl� the $ggpatary of tote's t gy arKf��jeelu+owi that oflLJlQisLit� day Words Mmek4keugh are deleted; words underlined are added. Page 2 of 2 This space for recording AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE -WORKFORCE HOUSING THIS AMENDED AND RESTATED AGREEMENT is made as of the Ii of 2008, by and between James J. Fields (the "Developer") and the Collier G unty Board of County Commissioners (the "Commission"), collectively, the "Parties," and replaces the prior. original Agreement in its entirety. RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The 'Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable -workforce housing units constructed by Developer shall be 32 44 , representing 38 forty (40) percent of the total number of residential Units approved in the development. or 56.4 percent of the approved bonus units. Page 1 of 31 4112/06 underlined text is added, sfraek-tkaugh text is deleted Egkibt E A B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct affordable, workforce, and gap Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that he it shall construct up to _32 44 afferdable units, not to exceed 40 % of the approved residential density as affordable -workforce housing units, which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable, workforce and gap Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the un erli ed text is added, WHO'k-tMengH text is deleted Page 2 of 31 applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low. low. Federate workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the Housing and Human Services Department, The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to underlined text is added, stFuelE through text is deleted Page 3 of 31 and -Housing and Human Services Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Aoolication. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low; workforce income family for the purpose of owning and occupying an affordable -workforce housing unit pursuant to the affordable_ workforce housing density bonus program. The Preliminary Application for affordable_ workforce housing unit shall be provided by and -Housing and Human Services Department, as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable -workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the affordable -workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. underlined text is added, 6WHOk-kkreugh text is deleted Page 4 of 31 Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable -workforce housing Applicant Income Verification form shall be provided to the Housing and Human Services Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable -workforce housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable_ workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable -workforce housing unit under the affordable -workforce housing density bonus program. The affordable -workforce Housing Applicant Income Certification form shall be provided by the €inaasial Housing and Human Services Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and (.DC § 2.06.00, may be conducted by the FiRanGial Administfation and Housing and Human Services Department upon reasonable notice. (4) Annual Progress and Monitoring Report The Developer shall provide the Housing and Human Services Department an annual progress and monitoring report regarding the delivery of affordable -workforce housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underlimi text is added, straek-tkret+gh text is deleted Page 5 of 31 to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the FiRandal Administration and Housing and Human Services Department. Failure to complete and submit the monitoring report to the Housing and Human Services Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No affordable -workforce unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 44-89 10.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Human Services Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable, workforce, or pap Unit. 5. Violations and Enforcement underlined text is added, swusk 111FOUgh text is deleted Page 6 of 31 a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable -workforce housing unit provided under the affordable -workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Human Services Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable -workforce units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added, skuelt-threuglt text is deleted Page 7 of 31 duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Housing and Human Services Department 3301 East Tamiami Trail Building H Suite 211 Naples, Florida 34111204 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, Florida 34110 With copy to: Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Housing and Human Services Department or its designee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added, stfuA414foogh text is deleted Page 8 of 31 hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording, This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13, Entire Aareement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties, hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable, workforce, or gap housing unit shall be restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. underlined text is added, ORA threagh text is deleted Page 9 of 31 a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable - workforce housing unit, it must advertise, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable -workforce housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable -workforce units. e. The affordable -workforce housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable, workforce, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for affordable -workforce housing Density Bonus shall be the same for market rate units and affordable -workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable -Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable -workforce units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce. and gap units are the same within each phase and provided that in no event may a market rate unit or affordable -workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable -workforce housing units to which underlined text is added, SOMA -threugh text is deleted Page 10 of 31 the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 30 4o percent affordable -workforce housing units for this project, with 30 40 percent of the units in each phase consisting of affordable= workforce units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable -workforce housing unit or units, which units in the development are designated as affordable -workforce housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable -workforce housing units and the amount of affordable -workforce housing density bonus approved for the development. 20. Affordable -Workforce Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements' as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable -Workforce Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the underlined text is added, stpoeir threbigh text is deleted Page 11 of 31 Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT- CK'Clerk A. p •:, � _ ,. Clerk a 1<tgn>ttMn. ODIC.: BOARD OF COUNTY COMMISSIONERS COLLIEOLIN ,FLORIDA By: TTom Henning, CHAIRIAN Apprgved as to form and legal sufficiency: di � (to Assistant County Attorney underlined text is added, 61RIGIE 14BUgN text is deleted Page 12 of 31 C, 1.'& Witness PriAted Name Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) DEVELOPER: By: C Ci FNri cu, The foregoing First Amendment to Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was a nowledged b fore me by as GL`C L who11" VIA �5 is personally known to me or has produced as identification WITNESS my hand and official seal this My Commission Expires: RaRMLE APNIATOpE W MI A113910N 10011 M EXPIRES: J* 1, 2009 Iiaq�AiM1uuemyPuhNolYgxwMn underlined text is added, strask-tgFeugh text is deleted Page 13 of 31 Notary Public EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof, as recorded in Plat Hook 1, at Page 27-A, of the Public Records of Collier County, Florida. underlined text is added, seek-tpreuO text is deleted Page 14 of 31 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE -WORKFORCE HOUSING UNITSlMONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 WORKFORCE INCOME (61-80% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 44 4 Bedroom 0 TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom —24– 2 underlined una lined text is added, etruel( thwugp text is deleted – Page 15 of 31 4 Bedroom TOTAL 0 -2} VERY LOW INCOME (50% OR LESS MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 447 [DL744=6 TOTAL 0 4- (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of affordable -workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable -workforce housing density bonus units) 10.89 units/acre. (5) Percentage of affordable -workforce housing units pledged by the developer (as a percent of the total number units in the development) N %. underlined text is added, 51MA-411reugk text is deleted Page 16 of 31 APPENDIX A. EXHIBIT B AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable -workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median 'income and acceptable rents for low and very low, workforce, and gap income households in Collier County. The affordable -workforce housing density bonus rating system shall be used to determine the amount of the affordable -workforce housing density bonuses which may be granted for a development based on household income level, number of bedrooms peF aMrdable housing unit, type of a&r-dable heusing units (owner eertapied or fental, single family or multi fiHnil)4 and percentage of affordable, workforce, and gap housing units in the development. To use the affordable -workforce housing density bonus rating system, Tables A and -14, below, shall be used. Tables A en", shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (rnederete, low, eF-very low, lew-workforce, or "a ) of the affordable -workforce housing unit(s) proposed in the development, and the type e ..4Y'..,.dable heusi.,.. nits (e.....e.- a ied or ewal single P, my multi f ..,:1.. ..,1.e..e e ile applieWs) to be as shown in Table A. ThOft, _er ....i..,.. _ to Table " eheese the Rumhff ef hedreems pFopesed far the afferdable housing twit(s). An affefdable housing density beaus fMing based on the household ifteeme level and the number- of bedreems is shown in Table A.. _ :..." Next, determine the percent of that type of affordable -workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the develoRment. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable - workforce housing density bonus (AWHDB) available to that development. Developments with percentages of affordable -workforce housing units which fall in between the percentages shown on Table 8 A shall receive an affordable -workforce housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable -workforce housing rental units in the development. For example, a development which has 241/o of its total residential dwelling units as affordable - workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable -workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added, seuek-threuglr text is deleted Page 17 of 31 en level of ineeme on, ......... ........ than ..,.e type of &.rcorvcvxv--novanrb^oak (based density beaus fer earsh type shall be ealeulated separately in Table B. After- the amfdable housing density benus ealetila4ions fef- eaeh type of aff8rdable hatising unit have been eempieted in T- 13 the affefdable heusing demity boner, &r earah type of unil shall be added te these fef the ethef development. In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling units per gross acre. underlined text is added, stmek thmmgk text is deleted Page 18 of 31 APPENDIX A. EXHIBIT B AFFORDABLE--WD-RKEOR M HOUSING Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING [prior table deleted, current table followsl MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE -WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner -occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density+ Affordable -Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. underlined text is added, afmak tpreugh text is deleted Page 19 of 31 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2007 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY (prior table deleted, current table follows] RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ►prior table deleted, current table follows] 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 . 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ►prior table deleted, current table follows] underlined text is added, siraek-through text is deleted Page 20 of 31 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 1 $785 $907 $1,012 35% $458 $549 $635 $708 25% 1 $327 $392 $453 $506 underlined text is added, siraek-through text is deleted Page 20 of 31 underlined text is added, stmek 01IM911 text is deleted Page 21 of 31 UTILITY ALLOWANCES ONE B/R TWO B/R THREE Wit FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. underlined text is added, stmek 01IM911 text is deleted Page 21 of 31 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name Race/National Origin: Handicap: Yes _ No Present Address: Street City Name of Landlord Landlord's Address: State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Name of Previous Landlord Zip Telephone No. Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $` Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer CO -TENANT: Present Employers Name Address and Telephone Is Job Title How long with Present Employer: Job underlined text is added, stwek-tpreugk text is deleted Page 22 of 31 Gross Salary: Hourly $,_ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Job Birth Date NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. 3. T PERSONAL REFERENCES (Not Relatives) 1. Name: 2. Name: Address: How Long Known: Address: How Long Known: underlined text is added, slraeek-tkre"4 text is deleted Page 23 of 31 APPENDIX B, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Tenant's Name: Present Address: Social Security Number Social Security Number Street City State Zip Telephone No. I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualificatio that I am not required to capital gains, etc. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Compensation n to buy an affordable, workforce. or eap housing unit. I understand surrender my ownership or rights or claimed property, pensions or Welfare Food Stamps Social Security Social Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits underlined text is added, AFROk ihfeugk text is deleted Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay $ $ $ $ $ $ $ $ $ $ $ $ Page 24 of 31 Union Pension Self -Employment Business, Silent Partner, etc. Private Insurance Pension TOTAL ANNUAL INCOME THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. underlined text is added, stmele tlxeugM text is deleted Page 25 of 31 APPENDIX B, EXHIBIT C AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Job Title: Street City State zip I, hereby authorize the release of information requested (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: underlined text is added, sfM& !hreugh text is deleted Page 26 of 31 Signature of Applicant day of M Notary Public 2008. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: Number of Hours Worked (Weekly); . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by. Who is personally known to me or has produced identification. as Witness my hand and official seal this day of '12008. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE -WORKFORCE UNIT. underlined text is added, sttuek-tkFough text is deleted Page 27 of 31 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE_ HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Human Services Department. All items requested must be provided. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD-9.92 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and can housing Density bonus? X Yes No If yes, state date of application 12-2-04 and if the request has been approved, state the Ordinance number 05;63. 3. Gross density of the proposed development. 10.89 units/acre Gross acreage of the proposed development. 9.92 acres 4. Are affordable -workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe RPUD located amd at the northeast comer of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added, rOeeIEthreugh text is deleted Page 28 of 31 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE II Number of Affordable- Workforce Housing Units [prior table deleted, current table followsl Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Owner Owner Rental Occupied Rental Occupied 0 In accordance with LDC Section 2.06.03.D. — All owner occupied underlined text is added, struck-tpreegh text is deleted Page 29 of 31 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 44 In accordance with LAC Section 2 06 03 D All owner occupied 44 44 LOW INCOME 51-60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other IRA TOTAL 0 0 underlined text is added, stsuek4kFaugh text is deleted Page 30 of 31 7. Please provide a physical description of the affordable -workforce units by type of unit (MedeFate, le�v; very low income, low income, workforce income gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. (See AP4TS� CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of 32 A€ferdable 44 Workforce Housing Units in the Cirrus Pointe PUD. These Afferdable Workforce -Housing Units will be comprised of 4.0 44 three-bedroom e efMedian Ifleeme) and 22 three bedFeem Low Ineefae (609; Of Median fneeme) Units. All A€fefdable Workforce Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated A€fardable Workforce Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and can housing density bonus for this development. Attach additional pages if needed. underlined text is added, stFaek-threugk text is deleted NAPLE95.5t:13¢ I A Page 31 of 31 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and_for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-38 Which was adopted by the Board of County Commissioners on the 22nd day of July, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2008. DWIGHT E. BROCK J^, Clerk of Courts and 'Clerlk Ex -officio to B.gar`bf County' ,CommissiQn4s By: Ann Jennejohn, Deputy Clerk Com er Co�r�..H.ty Growth Management Department Zoning Division, Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP,, RLA, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: July 12, 2017 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI-PL20170001626 (REV 1) PETITION NAME: Cirrus Pointe Residential Planned Unit Development Insubstantial Changes (PDI) REQUEST: To amend the Cirrus Pointe Residential Planned Unit Development (RPUD), as amended, to reduce the dwelling unit minimum square feet requirement. Also, to amend the PUD's companion Affordable Housing Density Bonus Agreement to allow for rental units in addition to the already allowed unit ownership. LOCATION: The 9.92 -acre site is located on the northeast corner of the Bayshore Drive/Thomasson Drive intersection, in Section 14, Township 50 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, and is within the Bayshore/Gateway Triangle Redevelopment Overlay, as depicted on the Future Land Use Map and described in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Relevant to this petition, this designation allows an affordable housing project at a maximum density of 11 dwelling units per acre (DU/A) or 109 DUs, subject to the provisions of Section 2.06.00, Affordable Housing Density Bonus, of the Collier County Land Development Code. The existing PUD is approved for 108 DUs (10.89 DU/A). This petition is for an Insubstantial change to the PUD (PD1) to reduce the minimum dwelling unit square feet requirement (and to amend the companion Affordable Housing Density Bonus Agreement to allow for rental units in addition to the already allowed unit ownership). No changes to the PUD boundary, or in permitted uses, densities, or intensities are being requested. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as sel, forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety.) 2800 North Horseshoe Drive, Naples, FL 34104 Page 1 of 2 Exhibit D FLUE Objective 7 and Relevant Policies Due to the minor changes proposed (no changes in permitted uses, densities, or intensities), and since the Cirrus Pointe RPUD was evaluated for consistency with the FLUE prior to adoption in 2005 and prior to approval of the 2008 amendment, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element. cc: Mike Bosi, AICP, Director, Zoning Division Ray Bellows, Manager, Zoning Services Section PDI-PL2017-0001626 Cirrus Pointe RI.docx PDI-PL2017-0001626 Cirrus Pointe R1 GACDES Planning servioeslConslstency Reviews120171PD1 dw17-12-17 2800 North Horseshoe Drive, Naples, FL 34104 Page 2 of 2 言9斑 ⊥メヨ〃 噂朋仰e㌍舞㌣ zクノ/空㌘タフつ子中紗、」ぐいさごつ⊥ 汁」二、ノり担辛労 琉つ ￣--岬園圏園 7坪や叩e↑ 因田圃 圏園 田同 幅図 二㌧ モア 抑n′V中年リセ 閣園圏 五重二㍍料一都\妙高‡￣料ふ竃鯵「羅 「♂℃つる甲C-廟Iくり)′ 物〉巧妙閑 へ「桝! i確 つ佼/ア暫偽友方 d五千“ _ do崎包ヤ阿部母 上(世に)今の坊 で明しヲつプレも°フ 巾町方つ何 人叫」)↓∽刀 「轟 ここ￣〇二二二〇 嫉場 之とタダ/∠上 れ訪0-j8ピー揺ど う7/Iごみクーも曾乙 よぎ小二一言9そら三宅 /ろ∠〆ノブを・れク で〇才仰のくク∠乞/ 襲撃とま露一宴￣、でeて七〔ど七 一で珍 フとら阜:坊かb鍾 拘卯一L純へら宮乙 帥d 」や買掛.畦Z ⊃〕 名ちぎCてふこう∑乙 う>フ ート㌫昨年中,∴∴∴∴ノ「辛n O〔`亡一`●つ一入Gb 〆暮尊卑 」缶窮二龍 一灘 メ韓/イ!乞妬Z つ匪 つきクエ方〆非と ノ空々考を !も化三島缶弼 r竹中回避珂 9〇三〇一割尭音∴∴ \典礼謙抑叩 どヲlん/タダ∠ L翠フ 玉8ケ拷b諦∠ /脅ケ\グ つて31イ!ろ仰 し仁0主診 てl 閣 \、、〇一十の+励、抑時間 十かJ ′辛らつ)○チそ)〕:当う〕きキ メaV布擁功の0巧勘′∽∂Jら串間 乞a“㌃l哀掴昭 )!つや-研…碍お°同山 鯖一∠接合 ′拓殖少 物御物をク 岳/タタイZ∠ れ汐身ルツケ勿労汐擁クタダ でもんg一時-∴∴草でも刊1〇、で 〃旬一穆e 合邦l砂幼ノラる傍 西国 _り三祈砂 セル等チタ擁秒 )’年\バレニエ一 作伽公施用 ヨ海砂〃 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”. 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. Cirrus Pointe Amendment to PUD To Revise the Affordable Housing Agreement Revise Minimum Unit Square Footage Noah's Landing and Tuscan Isle 8 9 Proposed Macie Creek Apartment Community NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public -hearing will be held by the Collier County Board of County Commissioners on September 26th, 2017, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 2005-639 AS AMENDED, THE CIRRUS POINTE RPUD, TO REDUCE THE MINIMUM FLOOR AREA FOR MULTI FAMILY DWELLING UNITS, AND TO APPROVE A SECOND AMENDED AND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT TO - ALLOW THE DEVELOPER TO HAVE THE OPTION OF CONSTRUCTING OWNER OCCUPIED UNITS OR RENTAL UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 149 TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170001626] • a A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to the presentation of the -agenda 'item(s) to be addressed. .Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board- agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior -to the public hearing. All material used in presentations of before the Board will -become a permanent part o the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding: you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) September 6, 2017 No.1741834 N r; E Ln O 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 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 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 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 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 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. 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 "^, 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 Page 1 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 Page 2 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." Page 3 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 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 Page 1 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 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 Page 1 FW Cirrus Pointe.txt 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 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” 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. Map of Low-Income Housing Apartment complexes in Naples 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. 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 year), we believe in the Arts District it can be and most importantly, because of people who sincerely care about creating a better community. 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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