Ordinance 2005-36
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ORDINANCE NO. 05- 36
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED THE COLLIER COUNTY LAND
DEVELOPMBNT CODE, AS AMENDED, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULA nONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS; TO CHANGE THE
ZONING CLASSIFICA nON OF THE SUBJECT REAL
PROPERTY FROM THE RESIDENTIAL SINGLE-FAMILY
(RSF)-5(3) ZONING DISTRICT TO THE RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING
DISTRICT FOR THE PROJECT KNOWN AS THE REGAL
ACRES RPUD TO ALLOW FOR A MAXIMUM OF 184
RESIDENTIAL UNITS; AND, FOR CONSIDERA nON AND
APPROV AL OF AN AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT AUTHORIZING THE DEVELOPER
TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY
UNITS (IN THE AMOUNT OF 74 UNITS AT 2.0 BONUS
DENSITY UNITS PER ACRE) FOR LOW-INCOME
RESIDENTS THAT WILL DESIGNATE 100 PERCENT OF
THE UNITS AS AFFORDABLE HOUSING UNITS
LOCATED ON THE WEST SIDE OF GREENWAY ROAD,
EAST OF COLLIER BOULEVARD (C.R. 951), AND NORTH
OF U.S. 41, IN SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 36.75± ACRES; AND PROVIDING FOR
AN EFFECTIVE DATE.
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WHEREAS, Coastal Engineering Consultants, Inc., representing Habitat for Humanity of
Collier County, Inc., and Eugene U. Frey, petitioned the Board of County Commissioners, in
Petition No. PUDZ-2004-AR-69 1 9, to change the zoning classification of the subject real
property as part ofPetition-2004-AR-69l9.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The zoning classification of the subject herein described real property, as described in
Section 1.2. of the PUD document, attached hereto, as Exhibit "A" and incorporated by reference
herein located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is
changed trom the Residential Single-family (RSF)-5(3) zoning district to the Residential Planned
Unit Development (RPUD) zoning district for the project known as the Regal Acres RPUD to
allow for a maximum of 184 residential dwelling units subject to the condition that no
development order(s) will be approved by the County until such time as there is adequate
transportation infrastructure capacity for the intensity or density of development that would be
authorized by approval of such development order(s), as determined by the County's
Concurrency Management System; and for consideration and approval of an affordable housing
density bonus agreement authorizing the developer to utilize affordable housing bonus density
Page 1 of2
units in the amount of 74 units at 2.0 bonus density units per acre, for low-income residents that
will designate 100 percent of the units as Affordable Housing units in accordance with the Regal
Acres PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
appropriate zoning atlas map or maps; as described in Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
10 f
Commissioners of Collier County, Florida, this ;? t (Jay of J um(. ,2005.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHA
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~roved as to form
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Patrick G. White
Assistant County Attorney
PUDZ-2004-AR-6919/KD/sp
This ordinance filed wifh "f\1e
Secretory of State's Office the
!3..if> day of Ju../ '1 ' 1::QQ5
and acknowledgement of that
filing received th¡s ~ day
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Page 2 of2
REGAL ACRES RPUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING CONCEPTUAL MASTER PLAN GOVERNING
REGAL ACRES, A RESIDENTIAL PLANNED UNIT DEVELOPMENT DESIGNED
PURSUANT TO APPLICABLE PROVISIONS OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE.
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11145 TAMIAMI TRAIL EAST
NAPLES, FLORIDA 34113
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC
3106 South Horseshoe Drive
Naples, Florida 34104
Tel. 239-643-2324
Fax 239-643-4364
vcautero@cecifl.com
Date Reviewed By CCPC
Date Reviewed By BCC
Ordinance Number 2005-36
Amendments and Repeal
Revised June 28, 2005
TABLE OF CONTENTS
PAGE
T ABLE OF CONTENTS
LIST OF EXHIBITS
ST A TEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
11
111
1
2
5
7
10
ii
EXHffiIT "A"
LIST OF EXHIBITS
RPUD MASTER PLAN
iii
STATEMENT OF COMPLIANCE
The development of approximately 36.75± acres of property in Collier County, as a Residential
Planned Unit Development to be known as the Regal Acres RPUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan. The residential facilities ofthe Regal Acres RPUD will be consistent with the
objectives and policies of the Collier County Growth Management Plan (GMP) for the following
reasons:
1. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element.
2. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code (LDC) as set forth in Objective 3 of the Future Land
Use Element.
4. The project development is planned to protect the functioning of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
5. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict, on the Future Land Use Map. The project is designated as an Affordable
Housing Density Bonus project. The Affordable Housing Density Bonus Agreement is a
companion document to this RPUD document. The projected density of 5.00 dwelling
units per acre is in compliance with the Future Land Use Element of the Growth
Management Plan based on the following relationships to required criteria:
Affordable Housing Proiect Within the Urban Residential Subdistrict
Base Density 4 dwelling units/acre
Traffic Congestion Area -1 dwelling units/acre
Affordable Housing Density Bonus +2 dwellin~ units/acre
Maximum Permitted Density 5 dwelling units/acre
Requested gross density
Maximum permitted units
Requested dwelling units
= 5.0 dwelling units/acre
= 36.75 acres x 5 dwelling units/acre = 184 units
= 184
6. In accordance with the Land Development Code and the Impact Fee Ordinance, the
purchasers of the subject homes shall qualify as low-income buyers.
7. All final local development orders for this project are subject to Section 6.02.00,
Adequate Public Facilities requirements, of the Collier County LDC.
2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Regal Acres RPUD.
1.2 LEGAL DESCRIPTION
THAT PART OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1689 AT
PAGE 832 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG
THE EAST LINE OF SAID SECTION 12, NOooll '20"E, 2,743.15 FEET TO THE EAST 1/4
CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF
SAID SECTION 12, NOoo27'50"E 894.35 FEET FOR A PLACE OF BEGINNING;
THENCE N89°56'55"W 1 ,361.53 FEET TO THE WEST LINE OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE ALONG SAID WEST LINE NOoo34'06"E 490.98 FEET TO THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION
12;
THENCE ALONG SAID NORTH LINE S89°56'55"E 1,360.64 FEET TO THE
EAST LINE OF SAID SECTION 12;
THENCE ALONG SAID EAST LINE OF SECTION 12 SOoo27'52"W 490.97 FEET
TO THE PLACE OF BEGINNING;
BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 15.34 ACRES
MORE OR LESS.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN
OFFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBLIC RECORDS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG
THE EAST LINE OF SAID SECTION 12, NOooll'20"E, 2,743.15 FEET TO THE EAST 1/4
CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF
SECTION 12, NOoo27'50"E 894.35 FEET FOR A PLACE OF BEGINNING;
THENCE N89°56'55"W 443.00 FEET;
THENCE NOoo34'06"E 490.97 FEET;
THENCE S89°56'55"E 443.00 FEET TO THE EAST LINE OF
SAID SECTION 12;
THENCE ALONG THE EAST LINE OF SAID SECTION 12 SOoo27'50"W 490.98
FEET, TO THE PLACE OF BEGINNING.
BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
3
CONTAINS 5 ACRES OF LAND MORE OR LESS.
AN EASEMENT FOR UTILr;rIES AND FOR ROADWAY INGRESS AND EGRESS IS
RESERVED OVER AND THROUGH THE SOUTHERLY 30 FEET OF THIS PROPERTY BY
THE GRANTEES, THEIR HEIRS AND ASSIGNS IN PERPETUITY.
SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.
AND TOGETHER WITH
THE SOUTH HALF (S-l/2) OF THE NORTHEAST QUARTER (NE-l/4) OF THE
NORTHEAST QUARTER (NW-l/4) OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA (LESS THE EASTERLY 30.00 FEET THEREOF)
AND
THE SOUTH HALF (S-l/2) OF THE SOUTH HALF (S-l/2) OF THE NORTH HALF (N-l/2)
OF THE NORTHEAST QUARTER (NE-l/4) OF THE NORTHEAST QUARTER (NE-l/4) OF
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA.
(LESS THE EASTERLY 30.00 FEET THEREOF)
CONTAINS 26.41 ACRES OF LAND MORE OR LESS
1.3 PROPERTY OWNERSHIP
The northern portion (26.75 +/- acres) of the subject property is owned by Habitat for
Humanity, Inc., a Florida Corporation, 11145 Tamiami Trail East, Naples, Florida 34113.
The remaining southern portion (10.00 +/- acres) is owned by Mr. Eugene U. Frey, 4101
Gulf Shore Boulevard North, Naples Florida 34103. After all approvals for development
have been granted, Mr. Frey will donate his portion of the subject property to Habitat for
Humanity of Collier County, Inc..
104 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the west side of Greenway Road, approximately
31'2 miles east of Collier Boulevard (C.R.951) and approximately one mile north
ofU.SA1.
B. The entire project site currently is zoned RSF-5(3) and is proposed to be rezoned
to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Coastal Drainage Basin according to the
Collier County Drainage Atlas. Stonn water runoff from the proposed home sites and
roadways will be directed to two surface water management lakes for storage and water
quality treatment. The lakes will discharge to the canal to the west side of the property as
mandated by the County.
4
The average ground elevation is 6.0 NGVD. The water management system of the
project will consist of a perimeter berm with crest elevation facilities set at or above the
25-year, 3-day peak flood stage. Water quality pretreatment will consist of an on-site lake
with landscape buffer areas.
The water management system will be permitted by Collier County. All rules and
regulations of SFWMD will be imposed upon this project including but not limited to:
storm attenuation, minimum roadway centerline, perimeter berm and finished floor
elevations, water quality pre-treatment, and wetland hydrology maintenance.
According to the Collier County Soil Survey prepared by the Natural Resources
Conservation Service (NRCS), four soil map units are present on the RPUD site. These
common soils are #2 Holopaw fine sand, limestone substratum, #3 Malabar fine sand,
#20 Fort drum and Malabar high fine sands, and #27 Holopaw fine sand.
1.6 PROJECT DESCRIPTION
The Regal Acres RPUD is a project comprised of a maximum of 184 residential units.
These units are intended to be developed as a duplex project. This is an affordable
housing project and an Affordable Housing Density Bonus Agreement is a companion
document to this RPUD document
A children's playground/tot lot area will be provided prior to, but not later than, when
certificates of occupancy are issued for 35% of the units for this project. Residential land
uses, recreational uses, and signage are designed to be harmonious with one another in a
natural setting by using common architecture and quality screeninglbuffering whenever
feasible.
Site Data
Infrastructure and Roads
Residential Roof & Driveway
Lakes
Flood Plain Compensation
Residential Open Space
Other Open Space
ACRES
2.41
9.50
5.63
2.98
9.91
6.32
TOTAL ACREAGE =
36.75±
1.7 SHORT TITLE
PERCENT
6.6
25.8
15.3
8.1
27.0
17.2
100.00
This Ordinance shall be known and cited as the "Regal Acres Residential Planned Unit
Development. "
5
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SECTION II
PROJECT DE'VELOPMENT 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 Regal Acres RPUD shall be in accordance
with the contents of this Document, RPUD - Residential Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC and GMP in effect at the time of issuance of any development order
to which said regulations relate which authorizes the construction of
improvements, such as, but not limited to final subdivision plat, final site
development plan, excavation pennit and preliminary work authorization. Where
these regulations fail to provide developmental standards, then the provisions of
the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all tenns shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of building
pennit application.
C. All conditions imposed and graphic material presented depicting restrictions for
the development of the Regal Acres RPUD shall become part of the regulations
which govern the manner in which the RPUD site may be developed.
D. All applicable regulations unless specifically waived through a variance or
separate provision provided for in this RPUD Document, shall remain in full force
and effect.
E. Development pennitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 6.02.01, Adequate Public
Facilities requirements of the Collier County Land Development Code.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 184 affordable, residential dwelling units shall' be constructed in the
residential areas of the project. The gross project area is 36.75± acres. The gross project
density shall be a maximum of 5.0 units per acre. All 184 units must be developed in
6
accordance with the Affordable Housing Density Bonus Agreement adopted by Collier
County as part of the PUD rezone approval. If for any reason affordable housing units are
not provided for this project, density shall be limited to a maximum of 110 units.
7
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on Exhibit
"A", RPUD Master Plan, which constitutes the required RPUD Development
Plan. Any division of the property and the development of the land shall be in
compliance with the RPUD Master Plan, the Subdivision section of the Collier
County Land Development Code, and the platting laws of the State of Florida.
B. The provisions of Section 10.02.03 of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts, or parcels of land as provided
in said Section.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the methodology
for providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units may be
designated as models. Such model units shall be governed by Section 5.04.04 of
the LDC.
B. Temporary sales trailers and construction trailers may be placed on the site after
site development plan approval and prior to the recording of subdivision plats,
subject to the requirements of Section 5.04.03 ofthe LDC.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and it's stock-piling in preparation of water
management facilities, or to otherwise develop water bodies, is hereby pennitted. Off-
site disposal is also hereby pennitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development
excavation" pursuant to the Collier County Code of Laws and Ordinances,
whereby off-site removal shall be limited to 10% of the total volume excavated
but not to exceed 20,000 cubic yards.
B. All other provisions of the Collier County Code of Laws and Ordinances shall
apply.
8
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 184 units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Pennitted Principal Uses and Structures:
1. Two- family dwellings units.
B. Pennitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including swimming pools, tennis courts,
volleyball courts, fishing docks, walking paths, tot lots, picnic areas,
recreation buildings, basketbalVshuffle board courts, and similar uses.
3. Manager residence and office, temporary sales trailer, and model units.
4. Essential services as defined in Section 2.01.03 of the LDC, including
interim and pennanent utility and maintenance facilities.
3.4 DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for land uses within the Regal Acres
RPUD. Front yard setbacks in Table I shall be measured as follows:
9
I. Comer lots shall be considered as having only one front yard for the
purpose of designating front and side yard setbacks. Front yard shall be
designated as the side with the garage. The other front yard shall be
considered as the side yard.
10
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
TWO F AMIL Y DWELLING LOTS ACCESSORY STRUCTURES
3,750 Sq. Ft.
STANDARDS
Minimum Lot Area
Minimum Lot Width
Minimum Front Yard Setback (1)
Minimum Side Yard Setback (2)
Interior Common Wall
Minimum Rear Yard Setback
Comer Lot
Minimum Front Yard Setback
Minimum Side Yard Setback
Abutting Roadway
Interior
Minimum Rear Yard Setback
Minimum Lake Setback (3)
Minimum Distance Between
Structures
Maximum Number of Stories:
Maximum Height:
Minimum Floor Area
Notes:
35' Interior Lots
35' Comer Lots
25' CuI de sac
25' (Principal Structures)
7.5' (Principal Structures)
0' (Principal Structures)
20' (Principal Structures)
25'
7.5'
10'
25' (Principal Structures)
25'
12.5' (Principal Structures)
7.5' (Principal Structures)
20' (Principal Structures)
20' (Principal Structures)
15' (Principal Structures)
12.5'
7.5'
10'
20'
15'
2
(Principal Structures)
35' (Principal Structures)
1,050 Sq. Ft.
20'(4)
(1) Garages shall be located a minimum of 23 feet from the back of the sidewalk, except for side load
garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being
parked across a portion or all of the referenced sidewalk.
(2) Where fee simple lots are created for each dwelling unit, side yards are measured from the outside
wall of the principal structure.
(3) Lake setbacks are measured from the control elevation established for the lake.
(4) 20 feet except for screen enclosure structures, which may be the same height as the principal
structure, but in no event greater than 35 feet.
11
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B. Off-Street Parking and Loading Requirements:
Parking shall be as required by Section 4.05.00 of the LDC in effect at the time of
building pennit application.
C. Open Space Requirements:
A minimum of sixty (60) percent open space, as described in Section 4.02.01.B.l
ofthe LDC, shall be provided on-site for any residential project.
D. Landscaping and Buffering Requirements:
Landscaping and buffering shall be provided per Section 4.06.00 of the Collier
County LDC.
E. Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said unified
architectural theme shall include: a similar architectural design and use of similar
materials and colors throughout all of the buildings, signs, and fences/walls to be
erected on all of the subject parcels. Landscaping and streetscape materials shall
also be similar in design throughout the subject site.
F. fuw
Signs shall be pennitted as described within Section 5.06.00 of the Collier County
LDC.
12
SECTION IV
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this RPUD, in effect at the time of final plat, final site development plan
approval or building pennit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the County LDC shall apply
to this project even if the land within the RPUD 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 developer, its successors,
and assigns, until of turnover of the property to any property or homeowners' association.
The developer, his successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in title or assignee is
subject to the commitments within this Agreement.
Pursuant to the Collier County Code of Laws and Ordinances and the LDC as it relates to
the discovery or accidental disturbance of historical/archaeological site and properties
during construction. If any significant historical or archaeological artifact is found, work
will temporarily cease and the County will be notified in order to take the necessary
precautions to preserve the artifact.
An attached, one-car garage shall be constructed per each dwelling unit.
5.3 RPUD MASTERPLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, utilities, road design, structure sizes and
designs, lot or land use boundaries or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such as
final platting or site development plan approval. Subject to the provisions of
13
Section 10.02.13 of the Collier County LDC, amendments may be made from
time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
5.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT
A site development plan shall be submitted per County regulations in effect at time of site
plan submittal. The project is projected to be completed in one or two phases, with build
out estimated in 2009.
A. The landowners shall proceed and be governed according to the time limits
pursuant to Section I 0.02.13.D of the LDC.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 10.02.13.F of the Collier County LDC. The monitoring report shall be in
the form of an affidavit and shall be executed by the property owner or its
authorized agent.
C. Recreation Facilities: Most recreation will be passive, such as, hiking. A
children's playground/tot lot area will be provided prior to, but not later than,
when certificates of occupancy are issued for 35% of the units for this project.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
B. Except as noted in this RPUD Document, all project development shall be
consistent with Chapters 4 and 10 of the LDC.
5.6 WATER MANAGEMENT
A. An Excavation Permit will be required for the proposed lake(s) in accordance with
Subsection 4.06.04.A.l.a.iii of the Collier County LDC and SFWMD Rules.
B. The project must demonstrate compliance with all storm water management
requirements as part of its site development plan review procedures.
5.7 UTILITIES
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A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and. maintained in accordance with Collier County Ordinance
No. 01-57, as amended, and other applicable County rules and regulations.
5.8 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the Collier county Land Development code (LDC)
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance ofthe first Certificate of Occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on the POD
Master Plan are considered to be conceptual. Nothing depicted on any such
Master Plan shall vest any right of access at any specific point along any property
frontage. All such access issues shall be a.pproved or denied during the review of
required subsequent site plan or final plat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it
may be amended from time to time, and with the Collier County Long-range
Transportation Plan. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access points
shall be considered unless a POD Amendment is to be processed.
D. Site-related improvements (as apposed to system-related improvements) necessary
for safe ingress and egress to this project, as determined by Collier County, shall
not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended, and Division 3.15. LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
G. All proposed median opening locations shall 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 POD which is
found to be adverse to the health, safety and welfare of the public. Any such
15
-,~._...__.."~.""-,,.,
modifications shall be based ont but are not limited tOt safetYt operational
circulationt and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of
ingresst a point of egress or a median openingt 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.
1. All internal roads, drivewayst alleyst pathwayst 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.
J. 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.
K. 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 detennined to be necessaryt 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.
L. No development order(s) will be approved by the County until such time as there is
adequate transportation infrastructure capacity for the intensity or density of
development that would be authorized by approval of such development order(s), as
determined by the County's Concurrency Management System
5.9 PLANNING
A. Pursuant to Section 2.03.07.E of the LDC, if during the course of site clearingt
excavation or other construction activity a historic or archaeological artifact is
found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
5.10 ENVIRONMENTAL
A. Environmental pennitting shall be in accordance with the State of Florida
Environmental Resource Pennit Rules and be subject to review and approval by
the Environmental Services Review Staff.
16
,',,, .....,.,~.~......_,_._.,.,-,-,;",..,~".'>.,,'""~;-
B. All agency permits shall be submitted pnor to final Plat/Construction plan
approval or SDP approval
C. This RPUD shall comply with the environmental sections of the Collier County
LDC and GMP in effect at the time of final development order approval.
D. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for
the site shall be submitted to Environmental Services Department Staff for review
and approval prior to final site plan/construction plan approval.
E. The subject property consists of an old agricultural field with no native vegetation
as required by the GMP and LDC.
17
5.11 IMPACT FEES
The petitioner agrees to pay. impact fees and, in addition, connection fees, up to a
maximum of $7,250 per house, for water and sewer connections for the homes in
existence on June 25, 2002, which would be required by County Ordinance to connect to
the lines along Greenway Road. The petitioner shall work with the Collier County Public
Utilities Division to provide an installment payment plan for affected homeowners for
costs in excess of$7,250.
5.12 POLLING PLACES
Pursuant to Section 4.07.06 of the Land Development Code 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 shall be 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 common 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 detennined to be necessary by the Supervisor of
Elections.
18
Prepared by:
Patrick G. White
Ass't. Collier County Att'y.
3301 Tamiami Trial East
Naples, FL 34112
3RD RESUBMITT AL
PUDZ-2004-AR-6919
PROJECT # 2004050014
DATE: 4/26/05
KA Y DESELEM
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
, 2005, by and
between Habitat for Humanity of Collier County. Inc.. Dr. Sam Durso. President (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
184
residential units (the "Units") at a
density of
Property is
5 units per gross acre on the Property. The gross acreage of
36.75 acres. The number of affordable Units constructed by
Developer shall be
184
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
Page 1 of 30
Rev 9/3/2003
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDG) § 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 74 bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 2 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 184 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, & G, and Appendix G, which Appendices are incorporated by
reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDG or in Ordinance No. 90-89, Section 4, the definitions of the LDG will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stage~ 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
Page 2 of 30
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) 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 in LDC §§ 2.06.05 and 2.06.06" respectively.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a low income family for the purpose of owning and
Page 3 of 30
...___U"'·_ "..._~_."
occupying an affordable housing unit pursuant to the affordable housing density bonus
program. The Preliminary Application for Affordable Housing Unit shall be provided by
the Financial Administration and Housing Department as shown in Appendix B, Exhibit
A, attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC § 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to 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 for
an additional 30 days, provided it has been documented by the person preparing the
original verification. After this time, a new verification form must be completed. The
Affordable Housing Applicant Income Verification form shall be provided by the
Financial Administration and Housing Department as shown in Appendix B, Exhibit B,
attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
occupant (including the entire household) prior to oc~upancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
Page 4 of 30
family to occupy an affordable housing unit under the affordable housing density bonus
program. The Affordable Housing Applicant Income Certification form shall be provided
by the Financial Administration and Housing Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted
by the Financial Administration and Housing Department upon reasonable notice.
(4) Annual 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
minimum, provide any information reasonably required to insure compliance with LDC §
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Financial Administration and Housing Department. Failure to complete and submit the,
monitoring report to the Financial Administration and Housing Department within sixty
(60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per
day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
(5) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 3 units per acre, and is therefore granted a
density bonus of 2 density bonus units per acre, for a total density (total ::::
Page 5 of 30
density bonus units per acre X gross acreage) of 5 units/ac, pursuant to
LDC § 2.06.00 The Commission further agrees that the Developer may construct
thereon, in the aggregate a maximum number of 184 units on
the Property provided the Developer is able to secure building permit(s) from Collier
County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LOC §
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically
permitted by the terms of this Agreement; or to knowingly give false or misleading
information with respect to any information required or requested by the Financial
Administration and Housing Department or by any other persons pursuant to the
authority which is delegated to them by LDC § 2.06.00 Collier County or its designee
shall have full power to enforce the terms of this Agreement. The method of
enforcement for a breach or violation of this Agreement shall be at the option of the
Commission by criminal enforcement pursuant to the provisions of Section 125.69,
Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LOC §
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
Page 6 of 30
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC § 2.06.00, as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to
the Property without the express written consent of the Commission, which consent
may be withheld for any reason whatsoever. Any attempt to assign the duties,
obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission as required by this
Section shall be void ab initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
Page 7 of 30
----,..".~'
To the Commission:
Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail E.
Naples, Florida 34113
Attention: Dr. Sam Durso
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. 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
Page 8 of 30
look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing as provided in the LDC §2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
e. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for
Page 9 of 30
market rate units and affordable units. For developments where construction takes
place in more than pne phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 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 buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended."
Page 10 of 30
21. Preapolication. 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. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: ..
DWIGHT E" B~º.~; Clerk
. \. -
. -. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~W.~
By: FRED W. COYLE, C ÄIRMAN
"I- :'_"''!-'_~,_, <¡'_ '.
f>.¡: J}~f.J~~tfÞ¡¡;~ qy
· - '" ".-: .. Deputy Clerk
~''- .~. '--~~'- -'.- ." , ' -',
Attest IS to".Cba'irun'S'··
stgaatllrt Oßtj~' ¿,~':::"":>..
Page 11 of 30
DEVELOPER: Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail .
Naples, F: éfa /. /,,/ ____
~/~
Witnesses:
~a.~v
By:
¡',-1ý] ÒA Hoc,,( TZ-er
101
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
5ûN\ l\urs..n as ~ of
ßb,þ:f :£:-tV~f¡ of [Dllier Lo~ who c"personiillY)
~ or has produced as identification.
WITNESS my hand and official seal this J~'¡- day Of~~..:. ";:"'" .
2005. .;/:/< ',:::~'~':'~:";:~?~\ .
.... :!..t¡ --- . .. ~
: . --. ~~ tt' ~ 41 ';-- _
. . -.1-::1'-- .--
: !: ",J:;':;~"', S . ~ =
l r-, ~ r: 0 ::
(.) V' v: ~ ::
-..J ........-
., ~. (.) ,
ÛOU~., ,,1 "·Llb:K:.·, ..' /, ¡:
r.--:;-· ".. .',.. . .........., CJ' ...........
". ."
, .., C"';·'. :" C\ \:.','.'" ,..'
'. ~ I, , --. . . .
"t", .".1"
.1&. r. " Ii .
¿ }' (1111..1.::...........11 .".I.mes.
Page 12 of 30
~ ._._,_.__.,,,.,-
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF TIlOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1689 AT PAGE 832 OF
TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTIIEAST CORNER OF SAID SECTION 12; TIlENCE ALONG THE EAST LINE
OF SAID SECTION 12, NOocll'20"E, 2,743.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12;
THENCE CONTINUE ALONG SAID EAST LINE OF SAID SECTION 12, NOoc27'50"E 894.35 FEET FOR A
PLACE OF BEGINNING;
TIIENCE N89c56'55"W 1,361.53 FEET TO THE WEST LINE OF
THE SOUTHEAST 1/4 OF THE NORTIlEAST 1/4 OF SAID SECTION 12;
THENCE ALONG SAID WEST LINE NOo034'06"E 490.98 FEET TO THE NORTH
LINE OF THE SOUTHEAST 1/4 OF TIlE NORTHEAST 1/4 OF SAID SECTION
12;
THENCE ALONG SAID NORTIl LINE S89°56'55"E 1 ,360.64 FEET TO TIlE
EAST LINE OF SAID SECTION 12;
THENCE ALONG SAID EAST LINE OF SECTION 12 SOoc27'52"W 490.97 FEET
TO TIlE PLACE OF BEGINNING;
BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTII,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 15.34 ACRES MORE OR LESS.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN OFFICIAL RECORDS
BOOK 2052 AT PAGE 812 OF SAID PUBLIC RECORDS;
COM:MENCING AT TIlE SOUTHEAST CORNER OF SAID SECTION 12; TIlENCE ALONG THE EAST LINE
OF SAID SECTION 12, NOooll'20"E, 2,743.15 FEET TO TIlE EAST 1/4 CORNER OF SAID SECTION 12;
TIIENCE CONTINUE ALONG SAID EAST LINE OF SECTION 12, NOoc27'50"E 894.35 FEET FOR A PLACE
OF BEGINNING;
TIIENCE N89°56'55"W 443.00 FEET;
TIIENCE NOo034'06"E 490,97 FEET;
TIIENCE S89°56'55"E 443.00 FEET TO THE EAST LINE OF
SAID SECTION 12;
TIIENCE ALONG THE EAST LINE OF SAID SECTION 12 S00027'50"W 490.98
FEET, TO TIlE PLACE OF BEGINNING.
BEING IN TIlE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTII,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINS 5 ACRES OF LAND MORE OR LESS.
AN EASEMENT FOR UTILITIES AND FOR ROADWAY INGRESS AND EGRESS IS RESERVED OVER
AND THROUGH THE SOUTHERLY 30 FEET OF TIIIS PROPERTY BY THE GRANTEES, THEIR HEIRS
AND ASSIGNS IN PERPETIJITY.
SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.
AND TOGETIlER WITIl
THE SOUTII HALF (S-1I2) OF TIlE NORTHEAST QUARTER (NE-1/4) OF THE NORTIlEAST QUARTER
(NW-l/4) OF SECTION 12, TOWNSHIP 51 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (LESS
THE EASTERL Y 30.00 FEET THEREOF) AND
THE SOUTII HALF (S-1/2) OF TIlE SOUTH HALF (S-1/2) OF TIlE NORTIl HALF (N-l/2) OF THE
NORTHEAST QUARTER (NE-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF SECTION 12, TOWNSHIP
51 SOUTII, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. (LESS THE EASTERLY 30,00 FEET
THEREOF)
CONTAINS 26.41 ACRES OF LAND MORE OR LESS
Page 13 of 30
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHL Y BASE RENTS
LOW INCOME
(60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
(50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
NUMBER OF UNITS
Single Multi
Family Family
184
184
VERY-VERY LOW INCOME
(25%-50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
Page 14 of 30
BASE RENT
Single Multi
Family Family
N/A
--
(1) Base residential density allowed in this development 3 units/acre.
(2) Gross acreage 36.75.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 294 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) ~ units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 15 of 30
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C
contains the current median income and acceptable rents for low and very low income households
in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing 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 detennine 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 (ARDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/1Oth 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 (ARDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to determine the maximum affordable housÌl}g density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre. '
Page 16 of 30
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.
T ABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMSIUNIT
EFFICIENCY
AND 1
2
3 OR
MORE
80% MI= MODERATE (OWNER-OCCUPIED,
SINGLE-F AMIL Y)
...J60% MI= LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR MULTI-
F AMIL Y)
o
1*
1*
2
3
4
50%MI= VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MUL TI-F AMIL Y)
3
4
5
*For cluster housing developments in the Urban Coastal Fringe, add I density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL A V AILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
1 0 0 1 2 3 4 5 6 7 8
2 0 1 2 3 4 5 6 7 8 8
3 2 3 4 5 6 7 8 8 8 8
4 3 4 5 7 8 8 8 8 8 8
5 4 5 7 8 8 8 8 8 8 8
Page 17 of30
CALCULATIONS:
Low Income Household Density Rating for 3 Bedroom Units = 4
Affordable Housing Density Bonus with 100% Affordable Housing Units = 8 Units/Acre
Total Affordable Housing Density Bonus Permitted x Acreage = Total Number of Bonus
Dwelling Units
8 du/acre x 36.75 acres = 294 Bonus Dwelling Units
Requested Bonus Density
Existing Base Density
Totill Proposed Density
= 74 dwelling units
= 110 dwelling units
= 184 dwelling units
Page 18 of 30
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(I); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 ~ J ~ ~ Q 1 -ª
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1 ,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
Page 19 of 30
UTILITY ALLOWANCES
ONE B/R TWOB/R THREE B/R FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71. 00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211. 00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 20 of 30
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:
RaceINational Origin: Handicap: Yes _ No_
RaceINational 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 City
Name of Previous Landlord
State
Zip Telephone No.
Street
APPLICANT:
City
State
Zip
Telephone No.
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
CO-TENANT:
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Job Title
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 $
Page 21 of 30
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
1.
2.
3.
--
--
--
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 22 of 30
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income fÌ'om pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable housing unit. I understand that I am not
required to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ .$ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Page 23 of 30
-"---~-<_...,
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
CON1RIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 24 of 30
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2005.
(notary seal)
My Commission Expires:
Notary Public
Page 25 of 30
EMPLOYERCERT~CATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):
. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2005.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCupy THE
AFFORDABLE UNIT.
Page 26 of 30
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this fonn and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial
Administration and Housing Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each; PUD on 36.75 Acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
X Yes
If yes, state date of application
the Ordinance number
No
November 30. 2004
and if the request has been approved, state
3. Gross density of the proposed development. 5 units/acre.
Gross acreage of the proposed development. 36.75 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 infonnation.
Regal Acres PUD
Located on the west side of Greenway Road. approximately 3 % miles east of Collier
Boulevard (C.R. 951) and approximately one mile north of U.S. 41.
PropertvID#:00737400009.007404B0003.0074076000B
5. Name of applicant Habitat for Humanity of Collier County. Inc.
Name of land developer ifnot the same as Applicant:
Page 27 of 30
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
One Bedroom
Two Bedroom
Three Bedroom
184
Other Bedroom
TOTAL
184
TABLE II
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Owner
Rental Occupied
MODERATE INCOME
80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~-
Page 28 of 30
LOW INCOME
60% MI
Efficiency
1 Bedroom
2 Bedroom
--
3 Bedroom
184
-H_
Other
TOTAL
--
VERY LOW INCOME
50%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 ariy other amenities as applicable. Attach
additional pages as Exhibit "D" if needed.
Page 29 of 30
The planned unit development, named Regal Acres PUD, will be designed and developed
with duplex homes. These units will be owner occupied and will have 1050± square feet of
living area. The units 'will have 3 bedrooms and 1 bath with an enclosed one car garage.
The homes will be designed for low income families.
The dwelling units will be designed with vinyl tile flooring and have window blinds, a
washer and dryer, kitchen range with oven, refrigerator, bathroom exhaust fans, and
central air conditioning.
8. Please supply any other infonnation which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages if needed.
The project qualifies for up to 8 additional affordable housing density bonus units in addition
to the three (3) base density units. The petitioner is only requesting 2 units per acre from that
density bonus for a total of 184 dwelling units in the planned unit development. All units will be
designed as affordable housing. Additionally, the project will contain a tot lot and lakes. It will
also provide more than its share of flood plain compensation area to provide ample control of
flooding both for the project and the surrounding area. Adequate access will be provided by a
loop road system, providing two access points from Greenway Road. This request is also
consistent with the County's Growth Management Plan policies, especially those addressing
affordable housing.
Page 30 of 30
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-36
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of July, 2005.
_.,õ",. .
DWIGHT E. BROC~"~~~¡1'iÌ1S"'~"
Clerk ~f, cou~,?·~{~~'d":.·Çf~)I'_'
Ex - of f 1 c 10 t '? :~.ø~!; :e~.., ; ,":',U;:" ':~
County commi~§:ifcfg'frs ,: r',':.i~ ~
~ (j }.¡.~~\ ~i,,;,'-.'¡~\:i~J';};¡IJ'
. '/'f'~ . '. . ,i;.~·;> u...:
.'. ~::':'J.""1'" ~J:ti ...
~i~ . .... j- . ..... ,,~ ,":"~ .
". V'ø ........ #' '..,
L' d A ;!'-h.cf)/1'1~('J.~' \~.,._.
By: 1n a . nvUt:~ ._,1
-"f '.'I'..'!'\
Deputy Clerk