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Ordinance 2004-29 ORDINANCE NO. 04 - 29 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, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 6933S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6" RESIDENTIAL MUL TI-F AMIL Y ZONING DISTRICT TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO PROVIDE 59.52 AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED ON THE EAST SIDE OF 11 TH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND ELEMENT ARY SCHOOL, IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44::!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. r-" , :..-- ," ,", ", ".I WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition number PUDZ-2003-AR-4390 to change the zoning classification of the herein described real property . NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The, zoning classification of the herein described real property located in Section 33, Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6" Residential Multiple-family zoning district to "RPUD" Residential Planned Unit Development in accordance with the Immokalee Senior Housing, Ltd. PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. SECTION TWO: The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. 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 lÊ day of ~, 2004, ,'¡i""";"::"'~ 0, -"" . . '", ~,....,",\\\,\ '~ ~, \\ ' ~.ÄJ.j.ffiíf¡:. "0 '\ ./q.,':,~IGHT.l'~~~, CLERK ,', {Ii: ':;';;;~':',\ . b,~~.,i,.~,',"','" L,',',-';:('~~;," ,r~~: ÇJ.ó. , J< Depuíý 01erl(/ " " ItÞ;st. JUt' ~:~ .'-'~: .~ t,..... I . ."""'.'01)1- ,., Approved as to form ~nd legal sufficiency \.c// ,.~h,( 'I :j~/'., ( \' V\/h~1 1- Patrick G. White' - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: d;A"4c. .C . Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 IMMOKALEE SENIOR HOUSING A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLŒR COUNTY LAND DEVELOPMENT CODE PREPARED FOR: United Church Homes 170 E. Center Street PO Box 1806 Marion, Ohio 43301-1806 PREPARED BY: Davidson Engineering, Inc. Rick Joudrey, PE 2154 Trade Center Way Suite 3 Naples, FL 34109 Talon Management, Inc. Tim Hancock, AICP 3898 Tamiami Trail North Suite 202 Naples, FL 34103 DATE REVŒWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 6 -U'" ô(}o1 Ô"Oo'f - ~<1 TABLE OF CONTENTS LIST OF EXHffiITS AND TABLE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I : SECTION II: SECTION III: SECTION IV: PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL AREAS PLAN DEVELOPMENT COMMITMENTS 2 PAGE 3 4 5 7 11 14 TABLE 1: DEVIATION LIST EXHffiIT "A" EXHffiIT "B" EXHffiIT "C" EXHffiIT "D" LIST OF EXHIBITS AND TABLES Development Standards PUD Master Plan Legal Description Location Map Boundary Survey 3 STATEMENT OF COMPLIANCE AND SHORT TITLE The development of approximately 7.44 acres of property in Collier County, as a Residential Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING PUD must be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan as it may be amended. The residential and recreational facilities of IMMOKALEE SENIOR HOUSING PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project 1. The subject property is within the Residential Designation, High Residential District as identified on the Immokalee Future Land Use Map as required in Objective IT.l; of the Immokalee Area Master Plan. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Policy 11.1.2 of the Immokalee Area Master Plan. 3. The project development, as stipulated within this PUD document regarding increased setbacks and buffering beyond the minimums set forth in the LDC, is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element and Policy 11.1.3 of the Immokalee Area Master Plan. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 6. The projected density of 16 dwelling units per acre is in compliance with the Immokalee Area Master Plan based on the following relationships to required criteria: Base density: Affordable Housing Provision: TOTAL 8 upa (High Residential District) 8 upa (Maximum) 16 upa SHORT TITLE This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential Planned Unit Development Ordinance." 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Immokalee Senior Housing Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 7.44 acres, is described as: A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township 46 South, Range 29 East, Collier County, Florida, being more particularly described in Exhibit "B" 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Henry Allen Fish, 321 W Main Street, Immokalee, FL, 34142-3930. The subject property is under contract to purchase by Immokalee Senior Housing L TD, 170 E. Center Street; Marion, Ohio 43301-1806, of which United Church Homes, I for whom this PUD document was prepared by the agent, is a general partner. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the West 1/2 of Section 33, Township 46 South, Range 29 East. The ¡roject location is generally described as lying immediately east of lIt Street North, South of Lake Trafford Road in Immokalee, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was RMF-6. 1.5 PHYSICAL DESCRIPTION The project consists of 7.44:t acres of mowed grass, scrub/upland habitat and scattered pine trees. There are two existing homes located on the property. The existing site is well drained and maintained and does not have any natural features which would complicate development as proposed. Development of this project will require the removal of existing buildings on the property. Surface water management for the project will be designed according to South Florida Water Management District design standards. Since the site is under the minimum area threshold and no jurisdictional wetlands exist, surface water management permitting should fall under Collier County jurisdiction. s Water Management for the proposed project is planned to be the dry retention type. Elevations within the project site range from 33.2 to 34.9 feet above mean sea level. The entire site is in Flood Zone D according to Firm Map dated June 3rd, 1986 Panel No. 1200670150 D. The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar, limestone substratum, complex. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PRO ECT DESCRIPTION The project will be developed to serve residential needs of the elderly in the Immokalee community. This PUD only permits the development of the subject property to contain affordable housing apartments to serve the aging population in the area. 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Immokalee Senior Housing Residential POD shall be in accordance with the contents of this document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Except as noted in the multi-family dwelling unit limitation, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. c. All conditions imposed and all graphic material presented depicting restrictions for the development of Immokalee Senior Housing Residential POD shall become part of the regulations that govern the manner in which the POD site may be developed. D. Unless formal deviations have been sought and approved as part of this POD, the provisions of other land development codes remain in full force and effect with respect to the development of the land which comprises this POD. E. 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. 7 2.5. 2.3. DESCRIPTION OF PRO ECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be 3 land use tracts, including necessary water management facilities. The general configuration of which is also illustrated by Exhibit "A". . B. It is the intent of this PUD to develop affordable senior housing subject to limitations contained this document and the Density Rating System contained in the Collier County Growth Management Plan. PHASE ACREAGE 1 2.09 MAXIMUM NUMBER OF UNITS 30 units, which includes one unit within the main structure (not a separate structure) to house a superintendent or resident manager 44 units 45 units 2 3 2.55 2.80 C. Minor modification to all tracts or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code.(text removed) D. In addition to the various areas and specific items shown in Exhibit "A", easements (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PRO ECT DENSITY OR INTENSITY OF LAND USE The PUD is designed to accommodate dwelling types intended to serve the senior population of Immokalee. The use will consist of affordable rental apartments. A maximum of 119 non-market rate multi-family residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 7.44 acres and a maximum of 16 dwelling units per acre. A density of more than 8.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). RELA TED PRO ECT PLAN APPROVAL RE UIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD if required, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable may be submitted for the entire area covered by 8 the POD Master Plan. Any division of property and the development of the land must be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code shall apply to the development of all platted tracts, or parcels of land. D. The development of any tract or parcel for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a POD amendment in compliance with the LDC POD amendment procedure in effect at that. time. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the POD as provided in the Collier County Land Development Code, Section 2.7.3.5. 9 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The project shall contain up to 3 development tracts, which will allow for multi- family dwelling units limited to senior independent living residential facilities. 3.2. MAXIMUM DWELLING UNITS All phases combined shall not exceed 119 total dwelling units. The maximum number of dwelling units allowed within the PUD shall be as follows: Phase I: Phase 2: Phase 3: Total: 30 Units (including a caretaker/manager unit within building) 44 Units 45 Units 119 Units 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Use: Multi-family dwelling units-limited to only senior Independent living residence facility, as that term is described below: A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual dwelling units with living, sleeping, bathroom, and kitchen facilities. The Independent Living Residence Facility may include a Senior Village Community Center or Community Building, or similar common areas such as a common dining facility, and space for the provision of social, psychological, and educational programs. The facility may provide home health care or other community-based services for residents of the project on an individual basis and offer meals, linen, and housekeeping services. The Independent Living Residence Facility may provide a residence for a superintendent or for maintenance staff, but there shall be no on-site residence of medical or other staff. Services to anyone other than full-time residents are prohibited as part of this PUD. 10 B. Accessory Uses: (1) (2) (3) Customary accessory uses and structures, excluding garages. Common recreational amenities. Maintenance facility (a garage-type door is allowable). 3.4. GENERAL DEVELOPMENT STANDARDS A. All yard setbacks, etc. shall be measured from the project boundaries of PUD, with the exception of the required distance between structures. B. This project must utilize an overall architectural theme for all principal and accessory structures. 3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES A. MINIMUM LOT AREA: 10,000 square feet B. MINIMUM LOT WIDTH: 100 feet C. MINIMUM PRESERVE AREA: 0.4 7 acres D. MINIMUM PRESERVE WIDTH: 20 feet E. MINIMUM BUILDING SETBACKS (YARDS): (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2-Street: 25 feet Phase 3 50 feet (5) Distance between principal structures shall be 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. Distance between principal structures and accessory structures or between accessory structures shall be a minimum of 10 feet. (6) Minimum setback from Preserves - 25 feet F. MINIMUM FLOOR AREA: 550 square feet per unit G. OFF-STREET PARKING AND LOADING REOUIREMENTS 11 (1) Off-street parking (subject of a deviation) Independent Living Residence Facility: I space per dwelling unit (2) Off-Street Loading spaces will be provided in compliance with LDC Section 2.3.21.3, but in no case will there be less than 1 loading space provide per building. H. MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood elevation, whichever is less 3.6 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES A. MINIMUM BUILDING SETBACKS (YARDS): (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2-Street: 25 feet Phase 3 50 feet (5) Distance between accessory structures - 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. (6) Minimum setback from Preserves - 10 feet B. MAXIMUM FLOOR AREA: 100 square feet per unit c. MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood elevation, whichever is less 12 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2. GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this POD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the POD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. Which 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 development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. B. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the POD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. c. This project must provide a resident manager. 4.3. PUD MASTER PLAN A. Exhibit "A," the POD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. c. This project must provide a minimum of 60 percent, in the amount of no less than 4.46 acres, of usable open space as that term is defined in the LDC, and in compliance with LDC Section 2.6.32. Prior to development approval for any phase of this project, a comprehensive open space table must be provided on the site plan that demonstrates total open space requirement compliance. 13 4.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Development of the first Phase of the Immokalee Senior Housing POD is expected to commence in 2004. The project may be completed as early as 2009, including all amenities and improvements shown on the POD Master Plan. B. This POD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION A. Single access to the POD shall be in alignment with Santa Rosa Avenue such that to create a two way stop control. B. Arterial level street lights shall be provided at the point of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). E. 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 shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13 and Division 3.15. LDC G. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247) and the LDC. Collier County reserves the right to modify or close any median opening existing at the time of approval of this POD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 14 1. 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. J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. K. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. 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. 4.6 WATER MANAGEMENT Water management will be provided per Collier County requirements in effect at the time of development plan submittal. 4.7 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the aMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This POD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. C. All conservation areas shall be designated as tracts or easements with protective covenants. Easements shall be dedication on the plat to an appropriate entity for ownership and maintenance and to Collier County with no responsibility for maintenance. D. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback from the boundary of any preserve. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed within the preserve areas and subsequent annual 15 removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. H. Permitted uses within preserves shall be limited to low-impact passive recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses will not allow the Preserve to drop below minimum required acreage. I. Prior to the issuance of the first Certificate of Occupancy for any portion of this property, the developer must remove all exotic plants as defined in division 3.9 from the entire PUD site, to include future development phases. Subsequent to first phase removal, the developer must implement a maintenance program to prevent reinvasion of the site by exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the community development services director in accordance with the standards established in division 3.9. Protection of native vegetation, according to the applicable provisions of the LDC must be implemented during prohibited exotic vegetation removal. J. As part of the development order submittal for the first phase of development, the developer must identify all areas that must be created within the boundary of the Preserve. These depictions are subject to further review and approval by staff. Furthermore, the depictions must comply with the requirements of Section 3.9 of the LDc. 4.8 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure except for a construction site office, which can be constructed in compliance with temporary use allowances in the LDc. 4.9 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 4.10 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS The following landscape buffering requirements shall apply to this project: A. The developer must retain all existing indigenous plant material within all buffer areas and setback areas not occupied by parking areas, as volunteered by the agent in a March 25, 2004 letter. 16 B. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single-family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa A venue. Where the adjacent use is a mobile home, street, church or cemetery, a type "B" must be provided. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer areas are increased by an equivalent width. D. Prior to site development plan approval for any portion of this site. the developer must revise the development plan to be in compliance with the landscape island width standards of the LDc. No deviations were sought or approved to relax any landscape island width standards. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. The site plan provided with the POD application does not meet landscape island width standards. No deviations from any requirements have been approved. The development must provide a site plan for development approval that is fully compliant with all landscape island standards. 4.12 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 17 TABLE 1 DEVELOPMENT STANDARDS RE UIREMENTS PRINCIPAL USE ACCESSORY USE N/A MINIMUM LOT AREA MINIMUM LOT WIDTH FLOOR AREA MINIMUM BUILDING SETBACKS (YARDS) North: Phase 2, adjacent to single-family homes Phase 3, adjacent to cemetery East: Phase 1, adjacent to mobile homes Phase 2, adjacent to duplex structures Phase 3, with preserve & duplexes South: Phase 1, adjacent to single-family homes Phase 2, adjacent to mobile homes West Phases 1 & 2-Street: Phase 3 MINIMUM PRESERVE SETBACK MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM BUILDING HEIGHT MINIMUM PRESERVE AREA: 0.47 acres MINIMUM PRESERVE WIDTH: 20 feet 10,000 square feet 100 feet 550 sq. ft. per unit MINIMUM 50 feet 15 feet 20 feet 20 feet 60 feet 20 feet 20 feet 25 feet 50 feet 25 feet 15 feet or Y2 the sum of the building heights, whichever is greater 35 feet or a maximum of 2 stories above minimum base flood ele- vation, whichever is less N/A 100 sq. ft. per unit MAXIMUM 50 feet 15 feet 20 feet 20 feet 60 feet 20 feet 20 feet 25 feet 50 feet 10 feet 15 feet or Y2 the sum of the building heights, whichever is greater 25 feet or a maximum of 1 story above mini- mum base flood elevation, whichever is less Notes: No structures are permitted in the required. 20-foot lake maintenance easement 18 IMMOKALEE SENIOR HOUSING PUD PUD Z- 2003- AR -4390 DEVIA TION LIST APRIL 28, 2004 Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi-family dwelling unit parking standards requiring this project to provide 210 parking spaces, to allow the project to provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 39 percent reduction in the parking. Deviation #1 is approved limited to the following parking space allocation, and subject to the conditions listed below: No. of Bedrooms No. of Units Parking required for Residents @1:1ratio Total REQUIRED Parking Deviation Conditions: 1. Any change in unit allocation within a phase noted above will require an equivalent change in the parking allocation; and 2. Garages for individual dwelling units are prohibited; and 3. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be provided, thus allocating the area on site that would normally be occupied by parking spaces to be utilized for open space areas. . Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot wide type "B" buffer. to allow a 15 foot wide buffer area that will contain trees spaced no more than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15 19 -----.-.. foot wide type "0" buffer will be provided. The effect of this deviation would primarily be to provide a type "A" buffer rather than a "B" buffer where a "B" buffer is required. Deviation #2 is denied. 20 R"F-6 ZONING CE..ETERY IV I-' :u CD III š:: ~. OIÞ( ) IÞ'<CD ""...a. a.""" » ~ 0 0 1\)... ~OCD 00- ;:,~Ci" 0 ... ----< 10TH STREET NORTH I TOT~=_~ rë REQUIRED: 0..7 ACRES 18 ~= :'~~:~~ ~~':eD ::i AND APPROVED AT THE TIWE OF THE FiNAl I~ DEVElOPMENT ORDER APPROV~ AND SHAll CQWPl Y IMTH THE REQUIREMENTS OF SECTION a OF TfE I.QC, I RIoIF-6 ZONING DUPl£XS -7- [! . . ~_I TOTAl SITE: 7.44 ACRES COUNTY ZONED: RIIF6 TOTAl POSSIELE UNITS: 119 TOTAl UNITS PROPOSED: 119 IIH ZONING IIOBILE HOlIES \\Io__\A<OIooo""_._--_."",......- an--- -..aT PUD EXHIBIT A CUII<T: UNt11!D CHURCH HOMES 170 E. CENTERSTREU M...ION. OHIO 43301 (740):182- DaVIdson En~eenn~ Inc. ZtM TRADE CENTER WAY. SUITE 3 NAPlES. FLORmA 341" PHONE (N1) 5Il-31tl FAX (Nt) 5I7-5tH "'0fT 1 .... 1 PUD EXHIBIT A ow ,_. ..-. . -,,-,_.,.. EXHIBIT "B" LEGAL DESCRIPTION PROPERTY DESCRII'TION: A PORTION Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SECI'ION 33, TOWNSHIP 46 SOlrrH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 OF SAID SECI'JON 33, THENCE N, 00°00'20" W" ALONC THE WEST LINE Of THE NORTIlWEST 1/4 OF THE . SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SAID SECTION 33, (SAID LJNE ALSO BEING THE CENTERLINE OF 11TH STREET NORTH), A DISTANCE OF 194.68 FEET; THENCE N. 89°50'40" E., PARALLEL WITH THE NORTH LINE Of THE NORTHWEST 1/4 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SAID SECTION 33, A DISTANCE Of 30.00 FEET TO THE EAST RIGHT-OF- WAY LINE OF SAID 11 TH STREET NORTH AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESRIBED; THENCE CONTINUE N. 89°50'40" E., ALONG LAST SAID LINE, A DISTANCE Of 178.71 FEET; THENCE N, 000~)'20" W" PARALLEL WITH THE WEST LINE Of THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 Of SAID SECTION 33, A DISTANCE Of 460.42 fEET; THE NCE N. 89°50'40" E., A DISTANCE Of 288.59 FEET TO THE WEST LINE OF THE EAST 163 FEET OF THE NORTIlWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUmWEST 1/4 OF SAID SECTION 33; THENCE S. 00°0 )'00" E., ALONG SAID WEST LINE, A DISTANCE Of 655.24 FEET TO llIE soum LINE OF THE NORTHWEST 1/4 Of THE SOUTIIEAST 1/4 Of THE SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°51'40" W.. ALONG 5AID soum LINE, A DIS~'ANCE Of 167,21 FEETTOTIIE WEST LINE OF THE NORTHWEST 1/4 OF mE SOU'TIlWEST 1/4 OF mE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S, 00°00'45" E., ALONG 5 AID WEST LINE, A DISTANCE Of 333,80 FEET TO mE SOUTII LINE OF THE NORTHWEST 1/4 OF THE soumWEST 1/4 OF THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°54'32" W., ALONG 5AID SOUTH LINE, A DIS~~ANCE OF 300.26 FEET TO THE EAST RIGHT-Of-WAY LINE OF SAID 11TH STREET NORTH; THENCE N. 000()()'20" W., ALONG SAID EAST RIGHT-Of-WAY LINE, A DISTANCE OF 528.23 FEET TO THE POINT OF BEGINNJNG. CONT AD'lING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS, 22 In ill !DII15 'II' ". . i ~ N na..... I ~ - '--':;::- r, .. ... ... 2 ~~ '"'!;( 00 :1:9 <0 N cn N on <0 a.. <C ~ W J- - en ~ 0 . ... .... iii: « , ... 0 0 N ..:. Q ::I a. ~ !2 !: I- W a. a.. <C ~ Z 0 - J- <C U 0 ..J :!! ~ 23 '.'--'.'- ~ ~ ~ fs; ,I;: :>- I ~~ ~~ J 0 ~ , - I' ,,;,'. "'It;;¡! . !IßilII~r ì.'!~ !1¡~I.I.".!.a !. ~'~~~I! i 1 II !i!I!~I~¡~s¡;Il n J :, ìnl'~I.'~lw!!'~!q; p 1,..I."¡m!¡~~5p~'" '=,i :lmfHiiPlfl!l!il:~ïllll I.iJ ..iJ6.... 11.9Þ~ - 1IIf 'II,~r - - ~.._;;: -- I I I I I I --- I , I ~ I .! II ..-'m.- II . I I . I ,.. I' f I ti ! I ii, II, ,!, L I Ilia '. I ",I.'. hi iI. ! II!,\ h I '.. illl,!I; 'Iu I 41 .f. Iii "0 ~;¡ ¡i'fllliP"'.' I II, -'I.h5 .L!lh n:u - , , , , , ----.---~- I I I i I i ~ I I , i i I I I I ¡ I. I ..,.-- I 1IJØ1I°4 I I I , f ' .' .,J* I , , , , , , , , ñ . . 00 . - , ----~~ù~~.-------- , t ' i ~ f , I I , I i ' I f -' , t r , II I I , , -;------, ._'. . 24 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 United Church Homes (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase an option to purchase contract a tract of real property described as (complete legal description) See attached leQal description Collier County, Florida (The "Property"). The legal and equitable owners include Henry Allen Fish. It is the Developer's intent to construct a maximum of 119 residential units (the "Units") at a density of 16 units per gross acre on the Property. The gross acreage of Property is 7.44 acres. The number of affordable Units constructed by Developer shall be 119 ,representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2,7.7., 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 59.52 affordable bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the affordable housing density bonus of 8 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: - I - 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 119 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a, The following provisions shall be applicable to the affordable Units: Defined terms: In the event of a conflict between terms as defined in the (1 ) 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) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to - 2- 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. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section, The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant 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 tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix 8, 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 rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, - 3 - the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director 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 f<;>rm, the Developer shall require than an income certification form be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a low or very low household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: name, address, and telephone number of the head of household and all other occupants; a description of the unit to be rented; the term of the lease; the rental amount; the use of the premises; monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, (i) (ii) (iii) (iv) (v) (vi) may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant. tenant shall vacate the affordable unit within 15 days and shall pay penalties as - 4 - provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto, The report shall be, filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director 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. (7) 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 8 and is therefore granted a affordable housing density bonus of ~ density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 59.52 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 119 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement,the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. - 5- 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them. by the Ordinance, Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return- receipt requested U,S. Mail, or hand-delivery to the person or developer in violation of the Ordinance, The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board, c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, 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 Ordinance No. 90-89, 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 - 6 - 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 juri$diction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Collier County Financial Administration & Housing Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Developer: Immokalee Senior Housing, Ltd. 170 E. Center Street Marion, Ohio 43301-1806 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 Director of Collier County Housing and Urban Improvement or his 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 - 7 - transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations, 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13, Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing, 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 tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number 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 - 8 - a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. Developer commits to 100 percent affordable housing units for this project, with 100 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units, 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20, Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21, Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. - 9 - IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. """"\\' , A TTEST:.;,\'i.;~ . D'~j,~ \I(,~" DWIG~T',E.' BRÔCf(;. ~r~ - 0, .' -. t" ,./" :.('~/:",\<',:/ ..'...."~'.i~(;!: .;;:'.,'", ';". -,'eLl.' '. . . ...... . , ,G, BOARD F COUNTY COMMISSIONERS COl COUNTY, FlþRI.QA ~ cØ.d By: DONNA FIALA, Chairman .....;' ,;z; '.-,\:'-,,' J:""J: , ~þ ".:. .. '" - .,' ,"J ;.1-<" , '." . ,: '" \1 i ,I '. -I'. -'" . Att~jt. 46 ~tið~,Ci\.frilàn' s *1__,.-tJ~,.'" . " ,,' Approved as to form and legal sufficiency: ~~i~ Assistant County Attorney DEVELOPER: IMMOKAlEE SENIOR HOUSING, lTD. By: Cheryl L. Wickersham Asst. Sec/Treasurer, UCCXIV, Inc. General Partner of Immokalee Senior Housing, l TO Contract Purchaser Witnesses: (PRINT AND SIGN NAMES BELOW) ) ) STATE OF COUNTY OF The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by WITNESS my hand and official seal this day of 2004, Notary Public My Commission Expires: - 10- APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y BASE RENTS NUMBER OF UNITS Single Multi Family Family BASE RENT Single Multi Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 113 400 2 Bedroom 6 400 3 Bedroom 4 Bedroom TOTAL 119 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development~units/acre. (2) Gross acreage 7.44 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 8 ' units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 16 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. - ] ] - APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus III Oth of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to detennine 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. - 12 - APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary . TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMSIUNIT EFFICIENCY AND 1 2 3 OR MORE MODERATE (OWNER-OCCUPIED, 0 1* 1* SINGLE-F AMIL Y) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-F AMIL Y OR MUL TI- FAMIL Y) VERY LOW (OWNER OCCUPIED OR RENT AL, SINGLE-F AMIL Y OR MUL TI-F AMIL Y) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE IDYE!JJNG UN~ROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 - 13 - APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 ~ ~ 1 ~ 2 1 ~ 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35, I 00 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFc. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% F AMIL Y INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 80% 60% 50% 35% 25% 1,218 975 731 609 426 304 1 ,462 1,690 1,884 1,170 1,351 1,507 877 1,014 1,131 731 845 942 511 591 659 365 422 471 UTILITY ALLOWANCES ONE BIR TWOBIR THREE BIR FOUR BIR UNIT UNIT UNIT UNIT LOCATION Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd, 67.00 106.00 148.00 173,00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev, 4/01 - 14 - APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Date of Application: Amt. Of Sec. Deposit: Co-Tenant Name Present Address: RacelNational Origin: Handicap: Yes - No- RacelNational Origin: Handicap: Yes - No- Street City State Zip Telephone No. How Long at this Address: Name of Landlord Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street Name of Previous Landlord City State Zip Telephone No. Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Title Job Gross Salary: Hourly $ Social Security Number Weekly $ Every 2 Weeks $ Birth Date --- Monthly $ Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CQ- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Job Title Every 2 Weeks $ Birth Date Monthly $ Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title - 15 - NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: 2. Name: Address: Address: -- -- -- ".."'-'--",----- ,-, . ._'-""-'----- SOCIAL SECURITY How Long Known: How Long Known: - 16 - APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Social Security Number Co-Tenant's Name: : Present Address: Street City I hereby make application for an apartment at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifYing information on this form is cause for refusal of occupancy. State Zip Telephone No. Apartments. I hereby certifY that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Recei ved of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. - 17 - APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Address: Job Title: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this verification form. STATE OF FLORIDA) ) ss COUNTY OF COLLIER) Signature of Applicant The foregoing was acknowledged before me by Witness my hand and official seal this day of ,2001. My Commission Expires: Notary Public EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of ,2001. My Commission Expires: Notary Public 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. - 18 - APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. 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; PUD - 7.44 Acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? x Yes No If yes, state date of application 6-30-03 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 16 units/acre. Gross acreage of the proposed development. 7.44 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Immokalee Senior Housing PUD. 11 th Street North. Immokalee. FL 5. Name of applicant United Church Homes Name ofland developer ifnot the same as Applicant: same as applicant 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Unit Rental Owner Occupied Efficiency - 19 - One Bedroom 113 6 Two Bedroom Three Bedroom Other Bedroom TOTAL 119 T ABLE II Number of Affordable Housing Units Total Number of Affordable Units in Development Owner Rental Occupied MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 113 2 Bedroom 6 3 Bedroom Other TOTAL 119 Total Number of Affordable Units in Development Rental Owner Occupied VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Proposed Use for Density Bonus Units Rental 59.52 59.52 Proposed Use for Density Bonus Units Rental Owner Occupied Owner Occupied - 20 - Other TOTAL Total Number of Proposed Use for Affordable Units in Development Density Bonus Units Rental Owner Occupied Rental Owner Occupied VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. Phase I will consist of 28 one-bedroom and 2 two-bedroom apartment units in a two-story elevator building. All units will serve the low-income elderly population. The units will have through wall electric resistance heating and air conditioning. Floor coverings will consist of carpeting in the living room and bedrooms and vinyl flooring in the kitchens and baths. Window coverings will be mini-blinds. The kitchens in all units will include a range, range hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will also have a ceiling fan light fIXture. The apartment building will include a coin-operated laundry facility for resident use. Phase 2 and/or 3 will be of a similar nature. One bedroom units are 576 square feet and two bedroom units are 739 squarefeet. 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. - 21 - 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 copy of: ORDINANCE NO. 2004-29 Which was adopted by the Board of County Commissioners on the 11th day of May, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-offici~,toBoard of county.~~9,~~~~~~ers ,- ,\ ~ . .~,...." '-'\ . ÛL~~~.'.: ':,..~~.,;-,~,~.;. f~.\ r) . C ' :\~. ,~'_'o..Q...-.,:. . " , . '0 --, , By:; ~~n-;Jt?:nnet~hn~ ~- ; ~:O~puty~ '.(ne'~ :;~ ' " \J\ '°, ;,::W}J~'~' .: ~i ;: ¡ , -. ,..,'o)'!' ' '."J .: - . - '-. .~ ..o-" ::- " "-;':~';:;,~~':1~\ ~-~---- , -,'