Ordinance 2004-10ORDINANCE NO. 04- 10
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FI.ORII)A BY AMENDING rFItE OFFICIAL
ZONING ATLAS MAP NUMBERED 8635N; BY
CHANGING Till;; ZONING CLASSIFICATION OF T}iE
IlERI';IN I)I:.SCRIBI'~D REAl, I%~OPERTY FI~,()M "A"
TO A RESIDENTIAL PLANNED [JNIT
DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT
TO BE KNOWN AS BRISTOL PINES RPUD TO
ALLOW FOR A MAXIMUM OF 159 DWELLING
UNITS, TO CONSIST OF ANY COMBINATION OF
SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR
SINGLE-FAMILY DETACHED UNIT TYPE
CONSTRUCTION; THAT WILL BE DESIGNED TO
PROVIDE SIXTEEN (16) AFFORDABLE HOUSING
UNITS; APPROVING AN AFFORDABLE IIOUSING
DENSITY BONUS AGREEMENT AUTIIORIZING TItE
DEVELOPER TO UTILIZE AFFORDABLE HOUSING
BONUS DENSITY UNITS (IN THE AMOUNT OF 68
UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE)
IN THE DEVELOPMENT OF THIS PROJECT
LOCATED ON THE EAST SIDE OF THE ROAD,
APPROXIMATELY 1 MILE SOUTH OF IMMOKALEE
ROAD, AND ¼ MILE NORTH OF WOLFE ROAD, IN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 22.77+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Dwight H. Nadeau, of RWA, Inc., representing Waterways Joint Venture
IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR-
3542, to change the zoning classification of the herein described real property and to approve
the affordable housing density bonus agreement authorizing a density bonus of 2.98 units per
acre for a total of no more than 68 density bonus units.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE:
The zoning classification of the herein described real property located in Section 35,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A"
Agricultural zoning district to "RPUD" Residential Planned Unit Development in accordance
with the "Bristol Pines" PUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map numbered 8635N, as described in Ordinance
Number 91-102, the Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
The Affordable Housing Density Bonus agreement, attached hereto as Exhibit "B,"
authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus
units is hereby approved and adopted as if fully set forth herein.
Page 1 of 2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ l/q4~'day of J~O.A.e4~,
2004.
ATTEST:
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNAtF,iALA, CHAIR~
This Ordinance filed with the
tary of State's Office t~-e
(nnd ocknowledgem~.c.L~f theft
fi~~ed ~L~ day
G/Admin/PUDZ-2002-AR-3542/sp
Attachments: Exhibit A, PUD Document
Exhibit B, Affordable Housing Density Bonus Agreement
Page 2 of 2
BRISTOL PINES RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING BRISTOL PINES R['UD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER CO
LAND DEVELOPMENT CODE
PREPARED FOR:
WATERWAYS JOINT VENTURE IV
14627 COLLIER BLVD
NAPLES, FLORDA 34120
PREPARED BY:
CONSULTIN(}
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
And
GOODLETI'E COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
,,O r, q ~ ~ .~ 91- / o z_
G:\Current~Deselem~PUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents\PUD document final version 2-27-04.doc
TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section 1
Section il
Section Iii
Section IV
Section V
Section VI
Property Ownership and Legal Description
Project Development Requirements
Residential Development Standards
Recreation Area
Preserve Area
Development Commitments
i
ii
I-1
II-1
III- 1
IV-1
V-1
VI-1
G:\Current~Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542~PUD documentskPUD document final version 2-27-04.doc
LIST OF EXHIBITS~ TABLES AND APPENDIX
EXHIBIT "A"
APPENDIX "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
TABLE I
TABLE II
RPUD MASTER PLAN
TYPICAL CROSS SECTIONS
BOUNDARY SURVEY
VICINITY MAP
PUIE. L'~C FACILITIES MAP
PROJECT LAND USE TRACTS
DEVELOPMENT STANDARDS
G:\Current~d3eselem~UD RezoneskBristol Pines PUDZ-2002-AR-3542~UD documents~PUD document final version 2-27-04.doc
STATEMENT OF COMPLIANCE
The development of approximately 22.77 acres of property in Collier County, Florida as a
Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan.
The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the
growth policies, land development regulations, and applicable comprehensive planning
objectives of each of the elements of the Growth Management Plan for the following reasons:
The subject property for de',elopment is within the Urban Mixed Use District/Urbar,
Residential Subdistrict as ,d~,;tified on the Future Land Use Map as provided for
Objective 1 of the Future I al d Use Element (FLUE), and the uses contemplated are
consistent therewith.
The project is proposed to be a residential planned unit development district located
within the Urban-Mixed Use ~?istrict, as identified on the Future Land Use Map from the
Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The
Density Rating System of the FLUE provides for a density bonus when a proposed
project intends to provide "affordable housing". The subject project is eligible to receive
a density bonus of three (3) dwelling units per gross acre, as demonstrated in the
companion Affordable Housing Density Bonus Agreement, added to the base density of
four (4) dwelling units per gross acre to provide for a gross project density of seven (7)
dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.98 units per
gross acre, which is less than what is provided for by the FLUE Density Rating System,
and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier
County Growth Management Plan.
The project will implement Objective 1 of the Housing Element by providing additional
"affordable housing" dwelling units in Collier County, within the proposed master
planned development.
The project will further the implementation of Policy 1.4 of the Housing Element by
providing "affordable housing" in an area where planned infrastructure and services will
be available;
The project will act to implement Policy 2.9 of the Housing Element by providing
"aflbrdable housing" dwelling units blended within the planned market rate development.
The development will be compatible with and complementary to existing and planned
surrounding land uses.
The development of the Bristol Pines RPUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1.g. of the Future
Land Use Element.
The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Element in that
more than 60% of the project will provide useable open space, or lands reserved for
conservation purposes.
ii
G:",Current'tDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc
The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of
the Conservation Coastal Management Element in that "native preserves" will be
incorporated into the project design.
10.
The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its moderate residential density, will insure that the developed project will
be an attractive and enjoyable residential development.
11.
By virtue that the project must comply with the provisions of Division 3.15. of the Land
Development Code, it will implement, and further Objective 8 of the Transportation
Element.
111
G:\CurrentkDeselemkPUD Rezones\Bristol Pines PUDZ-2002-AR-3542hoUD docurnentsLPUD document final version 2-27-04.doc
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
1.3
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property,, and
to describe the txisting conditions of the property proposed to be develoi.ed under the
project name of the Bristol Pines RPUD.
LEGAL DESCR~_P I'ION
A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48
SOUTH. RANGE 26 EAST;
THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N
89°56'57" E, FOR 100.08 FEET;
THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG
THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO
BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT
ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH
THE NORTH LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET;
THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25" E FOR 639.48
FEET;
THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST
LINE OF A 100 FOOT CANAL EASEMENT;
THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL
WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29'' W FOR 639.67 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48
SOUTH~ RANGE 26 EAST, AS BEING NORTH 89°56'57" EAST.
PROPERTY OWNERSHIP
The subject property is owned by:
Waterways Joint Venture IV (Folio: 00205560002, 00205480001, 00205520000)
Waterways Joint Venture IV (Folio: 00205760006)
I-1
G:\Current'tDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542XPUD documents\PUD document final version 2-27-04.doc
1.4 DEVELOPER
1.5
1.6
The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all
reference to the "Developer" as may be contained in this RPUD Document shall mean
Waterways Joint Venture IV, unless, and until the subject property described and
depicted in thig RPUD Document is conveyed, or assigned. It is the responsibility of
Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance,
or assignment of the subject property described and depicted in this RPUD Document
within six months from the actual conveyance, or assig;~ment.
PHYSICAL DESCRIPTION
The development property is located in the northwest ,~alf of Section 35, Township 48
South, Range 26 East. More than eighty percent of the proposed project site has been
cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing
single-family home and associated improvement. H~storically, timbering and cattle
grazing have occurred on the property. The property is generally without topographic
relief, with elevations ranging from 13.1' to 14.8' above mean sea level.
The water management system consists of approximately 2.68 acres of water
management areas that will receive runoff from structures and parking areas. Runoff is
collected by catch basins and culvert systems for conveyance to the project's internal lake
system. The project outfall will be at the project's western boundary. Discharge will be
into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates
will be in accordance with Collier County Ordinance No. 90-10, as amended.
PROJECT DESCRIPTION
The Bristol Pines RPUD shall be a residential development. The amenities proposed as
developer commitments to be provided in the project include structures (clubhouse), and
areas (interior within the clubhouse, swimming pool, children's playground, and tennis
facilities), to provide social and recreational space, lakes, natural and landscaped open
spaces, and a variety of passive (native preserves) and active recreational opportunities.
Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet
south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate
Boulevard and Immokalee Road is planned to be improved with a six-lane divided
roadway programmed to commence construction in 2005 (Capital Road Project #65061).
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric ~power, and telephone. Additional services will be provided as deemed
appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit
Development Ordinance".
I-2
G:\Current'd)eselemLPUD Rezones~Bristol Pines PUDZ-2002-AR-3542~UD documents~UD document final version 2-27-04.doc
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County Ordinances, the respective land uses of
the Bristol Pines RPUD development, as well as other project relationships.
GENEEAL
mo
Bo
Do
Eo
Regulations for development of the Bristol Pines RPUD shall be in accordance
with the contents of this document, the RPUD-Planned Unit Development District
and other applicable sections and pans of the Collier Count? Land Development
Code and Growth Management Plan in effect at the time of building permit
application. Where these RPUD regulations fail to provide developmental
standards, then the provisions of the most similar district in the County Land
Development Code shall apply.
This RPUD Document and attendant RPUD Master Plan is generally tailored to
provide specific development standards for the residential product proposed by
the Developer.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bristol Pines RPUD shall become pan of the
regulations that govern the manner in which the RPUD site may be developed.
Unless modified, waived or excepted through the approval of a deviation stated
herein, the provisions of other sections of the Land Development Code, where
applicable, remain in full force and effect with respect to the development of the
land that comprises this RPUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the Land Development Code, at the earliest or next-to-occur of either
Final Site Development Plan approval, or Final Plat approval, or building permit
issuance applicable to this development.
II-1
G:\CurrentkDeselemXPUD Rezones\Bristol Pines PUDZ-2002-AR-3542~UD documents',PUD document final version 2-27-04.doc
2.3
DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
2.4
TABLE I
PROJECT LAND USE TRACTS
TYPE _UNITS/FT. ACREAGE_+
TRACT "R" RES IDENTIAL 159 19.8
TRACT "RA"
RECREATION AREA
0 2.0
TRACT "P" PRESERVE 0 1.0
Bo
Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, pans 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 configuration 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 Final Plat or Site
Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and
2.7.3.5. respectively, of the Collier County Land Development Code, or as
otherwise permitted by this RPUD document.
Co
In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within
or along the various tracts as may be necessary.
MAXIMUM PROJECT DENSITY
A maximum of 159 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 22.77 acres. The gross project density, therefore,
will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per
acre must be developed in accordance with an approved Affordable Housing Density
Bonus Agreement (AHDB).
II-2
G:\Current'~Deselem~PUD Rezones~Bristol Pines PUDZ-2002-AR-3542\PUD documents~UD document final version 2-27-04.doc
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
io
Prior to Final Local Development Order issuance 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 and the Collier County Land Development Code.
Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier Cot,p, ty Land Development Code, and
the platting laws of the State of Florida.
The provisions of Division 3.3 of the Collier C,unty Land Development Code,
when applicable, shall apply to the development of all platted tracts of land as
provided in said Division prior to the issuance of a building permit or other
development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding an3, dedications and methods for providing perpetual
maintenance of common facilities.
Eo
Prior to the development of a zero lot line product, or single-family attached units
following the development standards set forth in Table II of this document, in
which each unit is on a separate platted lot, the Developer shall submit either a
Preliminary Subdivision Plat, or plan as a part of the construction plan set
showing the building envelope on all of the lots intended for zero lot line
construction to the Department of Zoning and Land Development Review for
purposes of indicating zero lot line relationships, provision for achieving the
minimum space between buildings, and to ensure that no one lot is adversely
impacted by failing to provide the required side-yard in a uniform manner. No
side-yards are required between units where multiple units, intended for fee
simple conveyance, are contained in a single principal structure. The Preliminary
Subdivision Plat, or plan as a part of the construction plan set, shall also show
typical lots, and the footprints of the proposed residences.
2.6 LAKE SETBACK AND EXCAVATIONS
Lakes shall conform with the requirements of Division 3.5. of the Land Development
Code for a development excavation. Lakes may be excavated to the maximum
development excavation depths set forth in Section 3.5.7.3.1. of the Land Development
Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to
ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume.
II-3
G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542~UD documents\PUD document final version 2-27-04.doc
2.7 RIGHTS-OF-WAY
All platted project streets shall have a minimum 50-foot right-of-way, a deviation from
Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 50 feet.
(See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and
shall be private, and shall be classified as local streets. Utilization of lands within all
project rights-of-way for landscaping, decorative entranceways, and signage may be
allowed subject to review and administrative approval by the Collier County Community
Development and Environmental Services Administrator, or his designee, for engineering
and safety considerations prior to installation.
2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County
Land Development Code. Minor ,~hanges and refinements as described in Section 6.3.C.
of this RPUD document may be made in connection with any type of development or
permit application required by the Collier County Land Development Code.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and
other purposes as required. All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and maintenance of all service utilities
in compliance with applicable regulations in effect at the time of adoption of this
Ordinance establishing the Bristol Pines RPUD.
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 residential units or real property within the Bristol Pines RPUD, the
Developer shall provide appropriate legal instruments for the establishment of a Property
Owners' Association, or Master Condominium Association, whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space,
subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land
Development Code.
2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
mo
Models, sales/rental centers and other uses and structures related to the promotion
a"nd sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Bristol Pines RPUD subject to the requirements of Division 2.3,
Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land
Development Code.
1I-4
G:\Current'~eselem~UD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents~DUD document final version 2-27-04.doc
2.11
2.12
2.13
Bo
Temporary Use Permits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary Use Permit applications, and
associated Site Development Plan (SDP) application(s) for residential models,
may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC,
with applications for improvement plans and final subdivision plat, to depict the
location of the model units within a future platted lot. All model units shall be
located on lots that will be platted through subsequent development order
approvals.
Co
The existing single-family principal :;tructures may be used for temporary sales
centers, and construction operation/rutnagement offices, and may be served by
the existing well and septic systems. Such use of the existing single-family
structure must be in compliance with all applicable federal, state and local codes
and permitting procedures.
Do
Temporary uses for sales centers may be serviced by temporary well and septic
systems.
A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities
may be used as a temporary sales facility to be utilized to market residential
products, including the re-sale of residences within the boundaries of the Bristol
Pines RPUD. The temporary sales facility use must cease when the pr°Ject is
released to the control of the homeowners' association.
CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may
be approved subsequent to zoning approval. The clubhouse and related facilities shall be
located on a tract that will be platted through subsequent development order approvals.
EXISTING STRUCTURES
The existing principal structures within the RPUD boundaries may be retained, and
utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those
existing structures may be retained through the construction and platting phases of the
development, but not to exceed the project buildout date of December 31, 2006.
FILL STORAGE
Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a Vegetation Removal and Site
Filling Permit, along with plans showing the locations and cross-sections shall be
submitted to Collier County Planning Services Staff for review and approval. The
following standards shall apply:
II-5
G:\Current\Deselem~UD Rezones\Bnstol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage shall not be permitted in Preserve Areas.
2.14 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Bristol Pines RPUD requires a permit fi'..~m a
local, State, or Federai agency with jurisdiction over the property proposed for
development, the Develot,c~ shall obtain such permits prior to final development e '0 ~.r
approval.
2.15 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 o? the Conservation and Coastal Management Element of
Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County
Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally
functioning native vegetation on site) is required to be retained or replanted.
Viable, naturally functioning native vegetation areas do not include those areas of
vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic
species.
The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve
tract. The one-acre Preserve depicted will be retained native vegetation. This is due to
the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by
definition.
Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty
feet (20'). The design, area, and configuration of the Native Preserves may be modified.
However, the remaining Native Preserves shall not go below 0.94 acres in total area.
Please refer to Appendix "A", Typical Cross Sections, for details related to separation of
structures from Tract "P", and the Native Preserves.
2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the
RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD
document become a part of the Land Development Code and shall be the standards of
development for the RPUD. Thenceforth, development in the area delineated as the
BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the
. adopted development regulations set forth in this RPUD Document, RPUD Master Plan,
and applicable provisions of the Land Development Code.
II-6
G:\CurrentkDeselemkPUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents~UD document final version 2-27-04.doc
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
3.2
3.3
3.4
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on t,~:e RPUD Master Plan, Exhibit "A". Infrastructure,
perimeter land use buffers, sign..tge, as well as project recreational/social facilities will
occur within this Tract "R".
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of developnent plan review, but shall not exceed 159 dwelling
units and be developed consistent with the project's AHDB agreement.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following uses derived from RMF-6:
A. Principal Uses:
1
2)
3)
Single-family attached dwellings (including townhouses intended for fee
simple conveyance)
zero lot line dwellings
single-family detached dwellings
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools with, or without screened enclosures, and other outdoor
recreation facilities along with the following:
Model Homes (See Section 2.10 of this RPUD Document).
DEVELOPMENT STANDARDS
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Condominium, and/or homeowners' association
boundaries shall not be utilized for determining development standards.
Bo
OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Division 2.3 of the Collier County Land Development Code in effect at the time
of building permit application.
III- 1
G:\Current'uDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documemsXl:'UD document final version 2-27-04.doc
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
SINGLE- SINGLE- CLUB HOUSE/
FAMILY FAMILY RECREATION
DETACHED ATI'ACHED BUILDINGS
ZERO-LOT LINE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MIN FRONT YARD
2,250 S.F. 2,250 S.F. 10,000 S.F.
40 FEET 25 FEET N/A
1,000 S.F. 1,000 S.F. N/A
23 FEET 23 FEET N/A
From sidewalk from sidewalk
MIN SIDE YARD
7.5 FEET 0 FEET or N/A
6 FEET
MIN REAR YARD
MIN PRESERVE SETBACK
MIN. DIST.
BETWEEN STRUCTURES
15 FEET 15 FEET N/A
25 FEET 25 FEET 25 FEET
15 FEET 15 FEET or N/A
V2 BH whichever is greater
MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S 1/2 BH
REAR (ATTACHED) 5 FEET 5 FEET 10 FEET
(DETACHED) 5 FEET 5 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET
MIN. DIST.
BETWEEN STRUCTURES 15 FEET 10 FEET
greater of 15 feet
or V2 BH whichc~,er is greater
MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
Notes:
2) .
3~
4)
The location of structures proposed adjacent to a lake may have no setback from the lake maintenance
easement.
No structures are permitted in the required, 20foot lake maintenance easement.
To ensure compatibility' with the existing single-family residence lying south of the Bristol Pines
property,, only a single-story residential structure may be located adja'cent to that residence.
A 15-foot wide setback must be maintained from an), structure to any project perimeter proper(v line.
111-2
G:\Current~eselemkPUD RezoneskBristol Pines PUDZ-2002-AR-3542kPUD documents~UD document final version 2-27-04.doc
SECTION IV
4.1
4.2
4.4
RECREATION AREA
PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
USES PERMITTED
No building or structure ,Ir part thereof, shall be erected altered or used, or land b,~ed, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
1) Structures ~ntended to provide social and recreational space;
2)
Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features;
3)
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC at the time of
the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping.
DEVELOPMENT STANDARDS
mo
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards. Development standards for Tract
RA are contained in Table II in this document. There shall be a minimum of 20 feet
separation of recreational building(s) from all residential units.
OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Division 2.3 of the Collier County Land Development Code in effect at the time of
building permit application.
IV-1
G:\CurrentXDeselem'tPUD Rezones\Bristol Pines PUDZ-2002-AR-3542XPUD documents~UD document final version 2-27-04.doc
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"1:", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose
of this Tract is to preserve and protect vegetation and naturall.~ functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enha aced state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issnance of regional, State and
Federal permits, when required:
Principal Uses:
Open spaces/Nature preserves.
Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3)
Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by permitting agencies.
V-1
G:\Current'd)eselemLPUD Rezones~Bristol Pines PUDZ-2002-AR-3542LPUD documents~UD document final version 2-27-04.doc
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities st,all be constructed in strict accordance with Final Site Development Plans,
Final Subdiviql n Plans (if required), and all applicable State and local ~aws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated otherwise,
the standards and specifications of Division 3.2 of the Collier County Land Development
Code shall apply to this project, even if the land within the RPUD is not to be platted. The
Developer, its >uccessors and assigns, shall be responsible for the commitments outlined in
this document. These commitments will be enforced through provisions agreed to be
included in the declaration of covenants and restrictions, or similar recorded instrument.
Such provisions must be enforceable by lot owners against the developer, its successors, and
assigns, prior to the development's last final subdivision acceptance.
The Developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successors or assignee in title to
the Developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a condominium/homeowners' association to be created by
the Developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments.
6.3 RPUD MASTER DEVELOPMENT PLAN
mo
Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
Bo
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Bristol Pines RPUD Master Plan upon written request of the Developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan (GMP), and the Bristol Pines RPUD
document.
VI-1
G:\Current'd)eselem\PUD Rezones\Bnstol Pines PUDZ-2002-AR-3542~PUD documents~UD document final version 2-27-04.doc
bo
The minor change or refinement shall not constitute a substantial change
pursuant to SubsectiOn 2.7.3.5.1. of the Collier County Land
Development Code.
Co
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses, water
management facilities, and Preserve Areas within, or external to the
RPUD boundaries.
2)
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 6.3.C. 1 ) c.f this document:
Reconfiguration of Preserve Are,Is, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and permitting.
There may be no overall decrease in Preserve Area.
bo
Reconfiguration of lakes or other water management facilities where such
changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
Co
Internal realignment of roadways and interconnection to off-site lands,
other than a relocation of access points from publicly maintained
roadways (i.e.: State or County roadways), to the RPUD itself, where no
water conservation/preservation areas are affected, or otherwise provided
for.
d. Reconfiguration of residential parcels when there is no proposed
encroachment into Preserve Area, except as provided for in "a." above.
3)
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the A ' ' '
dm~mstrator s consideration for
approval.
4)
Approval by the Administrator of a minor change or refinement may occur
independently from, and prior to any application for Subdivision (if
required), or Site Development Plan approval, however, the Administrator, or
his designee's approval shall not constitute an authorization for development
or implementation of the minor change or refinement without first obtaining
all applicable County permits and approvals.
VI-2
G:\Current'd)eselemLPUD RezoneskBristol Pines PUDZ-2002-AR-3542~UD documents~PUD document final version 2-27-04.doc
6.4
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
6.5
mo
Bo
This RPUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
An annual RPUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code and be in the form of an affidavit by the property owner
or designated agent.
The project will be developed in one phase, and is ~:nticipated to impact public
facilities with permanent occupancy dwellings in late Fall of 2004. Recreation,
including playground facilities, and clubhouse fac!li;ies will be constructed
simultaneously with the development of the residentia', product. A proportionate
amount of recreation facilities must be open and available to residents prior to the
issuance of the first residential dwelling unit permanent certificate of occupancy.
TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
Do
All traffic control devices, signs, pavement markings and design criteria must 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 Der, ices (MUTCD), current
edition. All other improvements must be consistent with and as required by the
Collier county Land Development code (LDC)
Arterial level street lighting must be provided at all development access points.
Access lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
Site-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 must be in place and available to the public prior to the
issuance of the first CO.
Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as
amended, and Division 3.15. LDC, as it may be amended.
All work within Collier County rights-of-way or public ingress or egress easements
shall require a Right-of-way Permit.
All proposed median opening locations must be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended, and
the LDC, as it may be amended. Collier County reserves the right to modify or close
any median opening existing at the time of approval of this RPUD which is found to
be adverse to the health, safety and welfare of the public. Any such modifications
must be based on, but are not limited to, safety, operational circulation, and roadway
capacity. VI-3
G:\CurrenfiDeselem~UD Rezones\Bristol Pines PUDZ-2002-AR-3542LPUD documentsLPUD document final version 2-27-04.doc
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 will the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
Ho
All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments must be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any
such facilities.
If any required turn lane improv:m,ent requires the use of existing County right-of-
way or easement, compensatin[ right-of-way must be provided without cost to
Collier County as a consequence of such improvement.
Jo
If, in the sole opinion of Collier County, 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 and shall be paid to Collier County before the issuance of the first
CO.
Ko
This project and all adjacent developments will be encouraged to provide shared
access or interconnections. Specifically, but not limited to, this project must be
designed to provide interconnection to the property located to the southeast of this
site because it is controlled by the same property owner. The developer, or assigns
of this project, must assure that any such shared access or interconnection will be
utilized and accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants or plats.
The developer shall provide a 10-foot wide shared use path along either the east, or
west side of the westerly property line of the development in accordance with
recognized standards and safe practices, as determined by the Collier County
Transportation Staff.
Mo
This project must, within the time frame set forth below, utilize a local street
commonly referred to as Tree Farm Road for its sole access point, when: 1) the
developer acquires legal ownership or access to the right-of-way of Tree Farm Road,
and the County acquires the 40 feet the ROW acquisition for Tree Farm Road
required by the Nicaea Academy PUD, and then the developer alone or with others
thereafter immediately constructs Tree Farm Road,; or 2) Tree Farm Road is
constructed to the project's/development's proposed access point as set forth on the
PUD Master Plan on Tree Farm Road, and is lawfully available for use by the
project/development.
Within six months of the Tree Farm Road access opening, the developer must
commence removal of any access or bridge connection to CR 951 at no cost to
Collier County, and any access onto Collier Boulevard other than Tree Farm Road
must be closed and abandoned.
VI-4
G:\Current'tDeselem~UD Rezones~Bristol Pines PUDZ-2002-AR-3542~UD documentsLPUD document final version 2-27-04.doc
This project's access is subject to additional limitations for any direct access to
Collier Boulevard as part of site plan approval. Access along Tree Farm Road will
not require compensating right-of-way for an eastbound right turn lane at the future
access point. Furthermore, Transportation Staff will support a full median opening
at the intersection of CR 951 and Tree Farm Road, or nearby alternate location
provided the ad, joining property owners agree to dedicate the necessary right-of-way
and construct Tree Farm Road in accordance with County standards. This access
requirement is consistent with the 40-foot dedication from the Nicaea Academy PUD
project that will be dedicated by that project for the entire length of the southern line
of the Nicaea Academy PUD property.
6.8
WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
mo
Bo
Co
Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until Planning Services Staff grants approval of the proposed construction
in accordance with the approved plans.
An excavation permit will be required for the proposed lakes in accordance with the
Collier County Land Development Code and South Florida Water Management
District Rules.
The project must obtain a Surface Water Management Permit from the South Florida
Water Management District prior to any site development plan approval.
UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
Bo
Co
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities
wilt be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
The development will be subject to application for and conditions associated with a
water and sewer availability letter from Collier County Utilities Division.
Sewer availability is subject to construction and placement into service of a proposed
16" force main along Collier Boulevard.
VI-5
G:\Current\Deselem\PUD Rezones\Bnstol Pines PUDZ-2002-AR-3542~PUD documents\PUD document final version 2-27-04.doc
6.9 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands.
Bo
All conservation areas shall be designated as conservation/preservation tracts o:
easements on all constvactivn plans, and shall be recorded on the plat with protecti,/c
covenants per, or similar to, those found in Section 704.06, of the Florida Statutes
Conservation areas sha3 ye dedicated on the plat to the project's homeowner':
association or like entity for ownership and maintenance responsibility and to Collier
County with no responsibility for maintenance.
Where possible, natural buffers shall be provided around wetlands, extending at least
fifteen (15) feet landward from the edge of the wetland preserves in all places, and
average 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 Resource Permit Rules.
Do
Development must comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed species".
Where protected species are observed on site, a Habitat Management Plan for those
protected species, or their habitats shall be submitted to Environmental Services
Staff for review and approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval. This plan shall be implemented on a yearly basis at
minimum, or more frequently when required to effectively control exotics, and shall
include methods and a time schedule for removal of exotic vegetation from within
conservation/preservation areas.
The RPUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development
or~ler approval.
All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final Plat/Construction Plan approval.
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for the clubhouse facilities, a construction
operation/management office, and model center, which may be constructed after zoning
approval.
VI-6
G:\CurrentkDeselem~UD RezoneskBristol Pines PUDZ-2002-AR-3542kPUD documentsWUD document final version 2-27-04.doc
6.11 SIGNS
6.12
6.13
6.14
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval.
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol
Pines RPUD. The following standards shall apply:
A. Landscape berms may have the fol:~, v~ng maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
Retaining wall and buffer wall max~ num height: The retaining wall must not exceed
24 inches, and the total of retaining wall and fence cannot exceed 8 feet in height as
measured from the finished grade, a deviation from LDC Section 2.6.11.6., to allow
wall height to be measured from finished grade rather than existing grade, of the
ground at the base of the wall. For the purpose of this provision, finished grade shall
be considered no greater than 18 inches above the crown elevation of the nearest
existing road, unless the wall is constructed on a perimeter landscape berm
Co
Landscape buffer plantings must be placed outside of the wall locations, a deviation
from LDC Sections 2.6.11.4.2. and 2.6.11.5. that require fences in all zoning districts
to be screened from view. Chain link fencing is prohibited; the developer must
provide perimeter walls.
Do
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
POLLING PLACES
Pursuant t'o Section 2.6.30 of the Land Development Code, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place, only if requested by the Supervisor of Elections.
An Agreement between the Developer and the Supervisor of Elections for the provision of
polling places shall be recorded in the official records of the Clerk of the Circuit Court of
Collier Count3', which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including homeowners' associations.
VI-7
G:\CurrentXX)eselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents~PUD document final version 2-27-04.doc
~,, J~GRIGuUL.TU~i: ,k HJI~ICI,II VL.I,A~£ PPI)
APP]ENDIX "A"
TYPICAL CROSS SECTIONS
APPENDIX "A"
TYPICAL CROSS SECTIONS
CYPRESS
HERITAGE
GREENS
ISLANDWA~
DR~
R 26
MIRASOL
MIRASOL
RICHLAND
INDIGO
LAKES
BRIT[ANY BAY
HIBISCUS
WOLF CREEK
MtS$1DN HILLS
E
HERITAGE
2,..~
OU'I1)OOR
RESORTS
DF NAPLES
26
CRYSTAL
LAKE
NICAEA ACADEMY
TE--
VANDERBILT
COUN 'D~ Y CLUB
BUCKS RUN
[MIS~JON CHURCH
'~' '~ 2 1
GOLDEN GA~[ GOLDEN CATE ESTATES GOLDEN GAT[ ESTATES GOLDEN GAT[
ESTATES UNIT 2
UNiT 95 UNiT 5
UNIT
R 26 E
ONSULTING Su-"~¢vors & Mappers,
-l- ~. · · ...L. & Plarm~rs, ?roi:ct Managers
3050 North Horseshoe Dm, e, Suil~ 270
Naples, Ftohcia 341¢4
P~one: (239) 649-1509
FAX: (239) 649-7056
JULY, 2002
N.T.S.
DRAWN BY:
D.H.N.
,CHECKED BY:
CLIENT:
WATERWAYS AT HIBISCUS, LTD.
TITLE:
BRISTOL PINES PUD
VICINTY MAP
! . NAPLES-IMMOKALEE ROAD (C.R. 846) ~ NAPLES IblMOKA Er ROAD (C R
~ g ~ ~,DDL~ SC.OOL
E ,-J,~ ~ [ O /-BRISTOL I
· OR'J'H NAPLES
ShBSTATI VANDERBILT BEAC~ ROAD EXT. \ ] VANDER ?
~ rAiDER I t BEACH ROAD EXT.
m ~ GD~EN ~TE ~RE
D~RICT S~A~ION 7] ,
m m ,, GOLDEN GATE B~LEVARD
m [ PINE RIDGE ROA~ (C.R. Bg6) ~ ~ PINE RmD~E ROAD EXT,~C.~. BgB) ~m~ BOULEVAR~
m ~ GREEN BOULEVARD
~ ~ ~OLOe. ~te
- ~ ~ ~ ~ SUBSTATIO~
~ ~ ~ ~N~R~TA~ -- ~ SO~H WATER TR~TM[~ FACI~
Feb ~5. 2003 - 09:30:18 P:~20C2 Projects~02-0151.01 BHstol Pines PUD~O003 Rezoni~g App/icotion Suppo~Public Foci/ifies~20751XO2. dw~
CO~SU~G 5~=o,s&~.gpc~, ~0': TITLE: PUBLIC FACILITIES MAP
~ N~h H~esh~ O~e, ~e 270 CHECK[~ ~;
P~one: (~gJ ~49-1~
NAPLES-IMMOKALEE ROAD (C.R. 846)
~ O ~ [ ELEMEN3'ARY SCHOOL H?CH ~C~ JOL
NORTH COU~ REGIO~ ~
WATER ~TWE~ FAClL~ ~
~ ~ C ~K RIDGE
~ o
N~LES
VANDERBILT BEACF
~ ~ GO~EN ~TE
D~RICT S~A~ION 71
~ GOLDEN GATE B~LEVARD
Z
PINE RIDGE ROADC.R. 896) ~ PINE RIDGE ROAD [XT.{C.R. B96~~1~ BOULEVARD
I ~ GREEN BOULEVARD
~ -- ~ DISmICT 12
~ GOLDEN ~TE
8 ~ [ COLLIE. COU~
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of ,2004, by and
between Waterways Joint Venture IV, a Florida general partnership (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 Developer s intent to construct
a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of
6.98 units per gross acre on the Property. The gross acreage of Property is 22.77
acres. The number of affordable Units constructed by Developer shall be 16,
representing 10.06 percent of the total number of residential Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDC) § 2.7.7. et seq., which density bonus can only be
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 sixty eight (68) bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and granting of the density
bonus of three (3) 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 sixteen (16) 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.
Page I of 20
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a 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 inco,ne
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 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 created and adopted by Resolution of the Commission in LDC §§
2.7.7.5. and 2.7.7.6., respectively.
(a) Application. A potential owner shall apply to the developer, ownur,
manager, or agent to qualify as a Iow income family for the purpose of owning and
occupying an affordable housing unit pursuant to the affordable housing density bonus
Page 2 of 20
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 § 2.7.7.5.2.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, 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 !or
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
family to occupy an affordable housing unit under the affordable housing density bo::us
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 § 2.7.7., may be conducted by
the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Proqress 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
Page 3 of 20
minimum, provide any information reasonably required to insure compliance with LDC §
2.7.7., or subsequent amendments thereto. The report shall be filed on or before
September .30 of each year and the report shall be submitted by the Developer to the
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 four (4) units per acre, and is therefore granted a density
bonus of three (3) density bonus units per acre, for a total density (total - density bonus
units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC § 2.7.7. The
Commission further agrees that the Developer may construct thereon, in the aggregate
a maximum number of one hundred fifty nine (159) units on the Property provided the
Developer is able to secure building permit(s) from Collier County.
4. Commission A,qreement. 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 §
2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided
under the affordable housing density bonus program except as specifically permitted by
the terms of this Agreement; or to knowingly give false or misleading information w;th
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 § 2.7.7. Collier County or its designee shall have full power
to enforce the terms of this Agreement. The method of enforcement for a breach or
violation of this Agreement shall be at the option of the Commission by criminal
enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
Page 4 of 20
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7.,
that should be enforced before the Code Enforcement Board, then a Notice of Violation
shall be issued and sent by the appropriate department by certified return-receipt
requested U.S. Mail, or hand-delivery to the person or developer in violation. The
Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC § 2.7.7., as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
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:
To the Developer:
Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
Waterways Joint Venture IV
914 Grand Rapids Boulevard
Naples, Florida 34120
Attention: Richard Davenport
Page 5 of 20
With copy to:
Richard D. Yovanovich, Esquire
Goodlette, Coleman & Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, Florida 34103
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. 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. Recordinq. This Agreement shall be recorded at Developer's expense in
the official records of Collier County, Florida.
13. Entire Aqreement. 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
§2.7.7.4.1.9.
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.
Page 6 of 20
bo
housing unit, it must advertise sell, and maintain the same
manner and shall make available any relevant information
interested in purchasing such affordable housing unit.
When the Developer advertises, sells or maintains the affordable
in a non-discriminatory
to any person who is
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
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
contain physical amenities less than those described in the Developer
any phase
Application.
17.
Phasinq. 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 1.__~0 percent affordable housing units for this project, with 10
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.
Page 7' of 20
20. Affordable Housing Density Bonus Development Aqreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable Housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governinq 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
BOARD OF COUNTY COMMISSIONERS
COLLIER (~I~UNTY, FLORIDA,,,
By: Do r~n~'Fi~l~,~C ha~an-
~A~ov~l ,s to form and legal sufficiency:
15a't'riCk'O. t~Vh~te
Assistant County Attorney
Page 8 of 20
Witnesses:
Witness
Printed Name
Witness
Printed Name
DEVELOPER:
WATERWAYS JOINT VENTURE IV,
a Florida general partnersl~ip
By:
Waterways at Hibiscus, Ltd.,
a Florida limited partnership
its general partner
By:
Waterways Development, Inc..
a Florida corporation
its General Partner
By:
Richard Davenport, President
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
Richard Davenport as President of Waterways Development, Inc. general partner of
Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is
personally known to me or has produced as
identification.
WITNESS my hand and official seal this day of ,
2004.
Mv Commission Expires:
Notary Public
Page 9 of 20
AI~PENI)IX A~ EXHIBIT A
NUMBER OF AFFORI)AilI~E llOUSIN(; UNITS/MONTllLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Mttlti Single Multi
Family Family Family Family
i,()\V IN('()IXlE
(60% Mi)
1~ l'lic icncy
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOIAL
VERY LOW INCOME
(50'Vo Mi)
15 t~ficicncy
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME
(25%-5O% MB
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
16
16
(1) Base residential density allowed in this development 4 units/acre.
(2) Gross acreage 22.77
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 3 units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 6.98 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development). 10.06 %.
(6) The initial sales price and any subsequent sales price within these fifteen (15) years for
any affordable housing unit may not exceed the maximum home sales pr!ce set by the
Florida Housing Finance Corporation and adopted by the Collier County Board of
County Commissioners in the Collier County Local ttousing Assistance Plan.
Page 10 of 20
APPENDIX A~ EXttlBIT B
AFFORDAI}LE tiOUSING DENSITY BONUS RATING SYSTEM
I_DC § 2.7.7.3., provides lbr calculation of a density bonus lbr developers pledging to
construct affordable units within their development. Included in this Exhibit B arc instructior~s
and the tables with which to calculate thc density bonus for a particular project, l:,xhibit C
ctmlains thc ctlrrellt median income and acceptable rents lbr low and very low income households
in Collier Count>.
Thc al]brdable housing density borms rating system shall be used to determine tile amount
of the aflbrdable housing density bonus which may be granted for a devdopmer~t based on
l-,ouschold income lcvcl, numbcr of bedrooms per affordable housing unit, type of aflbrdablc
housing units (owner-occupied or rcntal, single-family or multi-lhn'dly) and percentage of
al'lbrdable housing units in thc development. To use the affordable housir~g density bolms rating
system, Tables A and B. below, shall bc used. Tables A and B shall bc rcvicwcd and updatcd il'
necessary on an annual basis by the Board of County Conlnlissioners or its designee.
First, choose thc houschold income level (moderate, Iow, or vcry Iow) o1' thc affordable
housing unit(s) proposed itl thc ctcvclopmcnt, and tile type of aflbrdablc housing units
(owner-occupied or rclltal, 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
the aftbrdablc housing unit(s). An aflbrdable housing density bonus rating based on tile houschold
income level and thc number of bedrooms is shown in Table A.
Alter the aftbrdable housing density bonus rating has been determined in Table A, locate it
in Table B, and determine the percent of that type of aftbrdable housing uuit proposed ill the
developlnent compared to the total number of dwelling units in the development. From this
determination, Table t3 will indicate tile maximunl number of residential dwelling units pct' gross
acre that may be added to the base density. These additional residential dwelling units pct' gross
acre arc tile maximum aflbrdablc housing density bonus (Al II)B) availablc to that development.
Developments with pcrcemages of aflbrdablc housing units which lhll ill between the perccntages
shown on Table B shall receive an aflbrdable housing density bonus equal the lower of the two
percentages it lies between plus 1/10th of a residential dwelling unit per gross acre lbr 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 (AttDB) 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 lbr each type shall be calculated separately in Table B. Alter the aflbrdable housing
density bonus calculations tbr 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 lbr the other
type(s) to determine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 11 of 20
APPENDIX A~ EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate >'our density bonus in the space provided below. Attach additional pages if
necessary.
TABIA,; A: AFF()RI)AIIIA~; tlOUSIN(; I)ENSITY B()NIIS RATIN(;
I.I:.VEI.
()F 110tJSl!l tO1,D
! N C O M E
Nt/MBI';R OF BI~I)ROOMS/IJNIT
EFFICIENCY 2 3 OR
AND I MORE
MODERATE (OWN ER-OCCUPltiD.
SINGLE-FAMI LY)
0 1' 1'
I.OW (OWNI!R-OCCUPIEI) OR RENTAI~
SINGI.IM:AMII,Y OR MUIJI'I-
I:AMII.Yt
2 3 4
VERY LOW (OWNER ()CCUI>iI~D OR
RENTAls, SINGI.I~-I:AMII.Y OR
MUIJfI-FAMII~Y)
3 4 5
*l:or cluster housing developments in thc Urban Coastal Fringe, add I density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE I)WELLING UNITS PER GROSS ACRE)
AFFORDABI~E }lOUSING
I)I:~NSITY BONIJS RATIN(i
% OF AFFORDABI~E HOUSING UNITS
i 0% 20% 30% 40%
I 0 0 I 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Page 12 of 20
APPENDIX Al EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
i)ursuat~l lo thc Impact Fcc ()rdinanccs, adopted by lhc Board ol'County ('ommissioncrs,
l)cccmbcr 16, 1992, moderate income is 61% to 8(}% of Iht median income, Ioxx income is 51%
to 00% ol'thc median income and very low income is less than 50% ol'thc median income.
$65,1}t111
MEDIAN INCOME 2001
Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
! 2 3 4 5 6 7 8
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% .~6,40 ) 41,600 46,800 5~ 000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
? >'7o 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18~850 20,150 21,450
llECOMMENI)EI) RENTAL RATES
The Florida tlousing Finance Corporation (FttFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and thc Low-income Rental [lousing Tax Credit (LIIqTC) programs. The
rents given below are based on 2001 data fi'om FIIFC. Utility costs are provided fi'om the
County's Section 8 Rental Assistance Program which is administered by the Collier County
t lousing Authority.
llOUSIN(; COSTS BASEl) ON 30'¼, FAMILY INC()ME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEI)ROOM
UNIT UNIT UNIT UNIT
100% 1,218 1,462 1,690 1,884
80% 975 1,170 1,351 1,507
60% 731 877 1,014 1,131
50% 609 731 845 942
3504 426 511 591 659
25% 304 365 422 471
LOCATION
Naples and Coastal
Collier County
Immokalee and East of
Everglades Blvd.
Golden Gate
UTILITY ALLOWANCES
ONE B/R TWO B/Ii THREE B/Ii FOUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
67.00 106.00 148.00 173.00
96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
ffd:nsitybonus/inc&rent rev. 4/
Page 13 of 20
APPENDIX B~ EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSIN(; UNIT
Date Occupancy Desired:
Date of Application:
Amt. Of Sec. Deposit:__
Yotlr NLii11c]
Race/National ()rigin: I landicap: Yes _ No
Co-Tenant Name
Race/National Origin: ltandicap: Yes__ No __
l)rcscnt Address:
Street
Name of 1.andlord
l.andlord's Address:
Slrccl
City
State Zip Telephone No.
l low l,ong at this Addrcss:
City State Zip Telephone No.
If you have resided at yom' present address less than 3 years, please slate previous address:
Street
Name of Previous Landlord
City State Zip Telephone No.
Street City
APPLICANT:
Present Employers Name
Address and Telephone No.
ttow long with Present Employer:
Gross Salary: I lourly $__ Weekly $
Social Security Number
Prc',ious 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 $
Birth Date
Job Title
Monthly $
Job Title
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Address and Telephone No.
Weekly $__
Every 2 Weeks $
Birth Date
Monthly $
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE
1.
2.
3.
SEX
AGE
SOCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
ttow Long Known:
How Long Known:
Page 14 of 20
APPENDIX B~ EXHIBIT B
AFFOI(I)AI}LE HOUSING APi'LICANT INCOME VERIFICATION
Date:
Applicant's Name: Social Security Number
Co-Tenant's Name: · . .......................... Social Security Number . ...........
Present Address:
Street (.tit)' State Zip 'l'¢lephonc No.
I hereby make application Ibr a single lhmily unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or lhil to report my assets or lbrms of income l'rom pensions.
stocks, bonds, real properly rent, sale or ownership is a lYaudulcnl act ptmishablc .by law.
Knowingly lhlsit}.'ing inlbrmation on this lbrm is cause lbr refusal of occupancy.
I hereby certify that this will be my pe,'mancnt residence and that I have no othe,' assisted
housing.
I understand that this inlbrmation is tbr the purpose of computing my annual income to
determine my qualification to buy an aiTordablc housing unit. I understand that 1 am not required
to sur,'cnder my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Occupant
Amount Frequency Amotmt Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $__ $
Bonuses $ $ $ $
Tips $ $ $__ $
Commissions $ $ $ $
Interest Income $ $ $__ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $__ $__ $__ $
Social Security $ $ $__ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $__ $
Family Assistance $ $ $__ $
Child Support $ $ $__ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $__ $
Pqvate 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 15 of 20
Ai'PENDIX B~ EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
AI'PIA(~ANT:
Present I.hnploycr:.
Address:
.lob Title:
Street
i,
(Applicant)
on this certification lbrm.
City State Zip
, hereby authorize the release of inlbrmation requested
STATE OF FI~()RIDA )
) ss
COUNTY OF COi~I~II~R)
The foregoing ;,,,'as acknowledged before me by
Who is personally known to me or has produced
i,.;enti fication.
Witness my hand and official seal this
(notary seal)
My Commission Expires:
Signature of Applicant
as
day of
Notary Public
2004.
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of ttours 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
(notary seal)
My Commission Expires:
TIlE CERTIFICATION HERE
INCOME 'FAX RETURN
AFFORDABLE UNIT.
as
day of ,2004.
Notary Public
REQUESTED MAY TAKE THE FORM OF Tile MOST RECENT YEAR'S
FOR EACH OCCUPANT WHO HAS FIt, ED AND WILl, OCCUPY TIlE
Page 16 of 20
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE tlOUSING DENSITY BONUS
Pursuant to I,DC § 2.7.7.2.4., please complete this lbrm and submit it with any accompanying
documentation to thc Conmmnity Development & Environmental Services 1)ivision, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban
Improvement Depm'tmcnt.
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;
The Developer has made application to rezone the 22.77 acre parcel to Planned Unit Development.
2. ltas an application for rezoning been requested in conjunction with the afl'ordable housing
Density bonus'.)
X Yes No
If yes, state date of application December 20, 2002, and if the request has been approved, state the
Ordinance number
3. Gross density of the proposed development. 6.98 units/acre.
Gross acreage of the proposed development. 22.77 acres.
4. Are aftbrdable housing density bonus units sought in conjunction with an application lbr a
planned unit development (PUD)?. X Yes No.
If yes, please state name and location of the PUD and any other identifying intbrmation. _.
Bristol Pines PUl)
o
Name of applicant Waterways Joint Venture IV
Name of land developer if not the same as APplicant:
Please complete the following tables as they apply to the proposed development.
TABLE I
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
Total Number of Units in Development
Owner
Rental Occupied
159
159
Page 17 of 20
TABLE ii
MOI)ERATI5 INCOME
80% M i
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Number of Affordable Housing l. lnits
Total Number of
A flbrdablc U nits
in Development
Owller
Rental Occupied
Proposcd [Jsc
Density Bonus Llnits
O\viler
Rental Occupied
LOW INCOME
66% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
16
0
0
0
16
0
0
VERY LOW INCOME
50%MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
0
0
0
0
0
0
Page 18 of 20
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
v,~:y low income) and by number of bedrooms. Include in your description, tbr 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, rel¥igerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages as Exhibit '~D" if needed.
All homes in Bristol Pines, including the homes reserved lbr lnodcrate incolne purchasers, will
share many COlnmon features:
* Solid concrete block construction.
* Durable COlnpresscd concrete tilc roofs.
* Desirable concrete paver driveways, walks and entries.
* R-19 fiberglass insulation in all attics; R4.2 in exterior walls.
* Ceramic tile flooring in all kitchens, baths, and laundry areas.
* Carpet over hypoallergenic pads in living and bedroom areas.
* European style kitchen cabinets with fully adjustable shelvcs
* Complete kitchen appliauccs, including a microwavc oven, range, refrigerator and disposal
* ttigh efficiency air conditioning with strip heat.
* Fully landscaped private yards.
* Dual sinks in the master bath.
* Enclosed toilet/tub in the master bath.
* Walk in closet lbr the master bedroom.
* Aluminum framed windows and sliding glass doors.
* Metal clad entry door with dead bolt lock.
* Strong steel hurricane shutters.
* Pre-wiring for cable television, telephone and a digital perimeter security alarm system.
The homes reserved tbr low income purchasers will ali be three bedroom, two bath t, nits in four
unit buildings ot'oue story. Thc interior units will offer 1,241 square feet of living al'ca and thc
end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be
owned in fee simple by the purchaser.
All of the Bristol Pine town homes will have complete yard service and periodic exterior painting
provided for by the Bristol Pines Commuuity Association. The monthly holncOW.~cr's fcc will
also cover the cost of basic cable television service, alarm system monitoring, maintaining the
gated entry, common areas and a community clubhouse where residents and guests may swiln,
play tennis, volleyball, or just relax. The monthly lee has not yet been finally determined, but is
anticipated to be approximately $150 per month.
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.- None.
Page 19 of 20
EXHIBIT "A"
BRISTOL PINES
LEGAL DESCRIPTION
A PART OF TIlE NORTHWEST QUARTER OF SECTION 35, TOWNS}lIP 48
SOUTIt, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 'FIFE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48
SOUTI 1, RANGE 26 EAST;
TItENCE ALONG TIlE NORTtt lANE OF SAID SECTION 35, PROCEED N
89056'57" E, FOR 100.08 FEET;
THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG
THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO
BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT
ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE
POINT OF BEGINNING;
TI tENCE AI,ONG SAID SOUTIt RIGHT OF WAY, ALSO BEING PARALI,EI, WITH
THE NORTIt LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET;
TItENCE LEAVING SAID SOUT}I RIGIIT OF WAY S 02016'25" E FOR 639.48
I:EET;
THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON TIlE EAST
LINE OF A 100 FOOT CANAL EASEMENT;
THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL
WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29" W FOR 639.67 FEET
TO THE POINT OF BEGINNING OF TIlE PARCEL HEREIN DESCRIBED.
CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR I~ESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS.
BEARINGS ARE BASED ON T}tE NORTI1 LINE OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57TM EAST.
Page 20 of 20
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 2004-10
Which was adopted by the Board of County Commissioners
on the 24th day of February, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of March, 2004.
DWIGHT E. BROCK
Clerk of Courts'.'~t~ck
County