Agenda 07/22/2008 Item # 8CAgenda Item No. 8C
July 22, 2008
Page 1 of 125
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, an Amended and Restated Affordable Housing Bonus Density
Agreement (AHDBA) and adopt an amendment to Ordinance No. 05 -63 and increase the
number of affordable units from thirty -two dwelling units to forty -four dwelling units for
the Workforce product types for owner- occupied affordable housing located in the Cirrus
Pointe PUD development.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign an Amended and Restated Affordable Housing Bonus Density Agreement
(AHDBA) and adopt an amendment to Ordinance No. 05 -63 and increase the number of
affordable units from thirty -two dwelling units to forty -four dwelling units for the Workforce
product types for owner- occupied affordable housing located in the Cirrus Pointe PUD
development.
CONSIDERATIONS: On November 15, 2005, the Board and James J. Fields entered into an
Agreement Authorizing an Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property (Agreement) for the 9.92 acre Cirrus Pointe Residential PUD,
approved under Ord. No. 05 -63.
At the time the original AHDBA was approved, there were no gap or workforce housing product
types or authorizing provisions in the County's Land Development Code (LDC). Subsequent
LDC enactments added such provisions to the affordable housing density bonus program in LDC
See. 2.06.01, et seq., which may be found expressed in Table A of LDC Sec. 2.06.03. A. 3. The
LDC now authorizes the same maximum bonus density of eight units per acre (8 UPA) as was
previously approved, and the same maximum number of developable units, 108.
The only substantive amendment is to now require 12 more affordable units to be provided for a
total of 44 affordable units out of the 108 allowed. The amendment to the AHDBA will result in
an addition of 12 more affordable housing units. Increasing the income limitations imposed on
the 44 affordable units will allow for the units to be sold at a higher market point for the median
incomes of qualified owners. The change is requested as the result of recent changes in the local
real estate market.
The Board conceptually approved this amended and restated agreement on June 24, 2008 Item
No. 10 Q.
In addition to amending and restating the Affordable Housing Density Bonus Agreement,
Ordinance 05 -63 must be amended to include the updated number of units, and an amending
ordinance is attached. The proposed ordinance has been advertised in accordance with Section
125.66, FS.
FISCAL IMPACT: The proposed amendments to the Agreement are fiscally neutral as to the
County's operations and budget. The funding for the advertisement will be absorbed by the
developer.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 8C
July 22, 2008
Page 2 of 125
LEGAL CONSIDERATIONS: The Ordinance and amended and restated agreement have been
reviewed for legal sufficiency. The proposed changes to these documents are to increase the
number of affordable housing units from 32 to 44 units and to reclassify them to workforce
housing. The number of total units has not increased nor has the number of density bonus units.
The regulations and master plan for the PUD have also not been revised. Since this item is
solely a matter of number and classification of affordable housing units, this item has not been
heard by the Collier County Planning Commission, and it is not legally required to do so. The
ordinance amendment and amended and restated agreement are ready for Board consideration
and adoption —HFAC
STAFF RECOMMENDATION: That the Board adopts the proposed ordinance amendment
and approves and authorizes the Chairman to sign the attached Affordable Housing Bonus
Density Agreement (AHDBA) as amended.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Page 1 of 1
Agenda Item No. 8C
July 22, 2008
Page 3 of 125
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
8C
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, an Amended and Restated Affordable Housing Bonus Density Agreement
(AHDBA) and adopt an amendment to Ordinance No. 05 -63 and increase the number of
affordable units from thirty -two dwelling units to forty -four dwelling units for the workforce
product types for owner - occupied affordable housing located in the Cirrus Pointe PUD
development.
Meeting Date:
7122/2008 9:00:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator Date
Public Services
Housing and Human Services 7/312008 1:57:43 PM
Approved By
Marcy Krumbine
Director Date
Public Services
Housing & Human Services 7/3/2008 2:02 PM
Approved By
Heidi F. Ashton
Assistant County Attorney Date
County Attorney
County Attorney Office 7/912008 12:03 PM
Approved By
Marla Ramsey
Public Services Administrator Date
Public Services
Public Services Admin. 7/9/2008 12:43 PM
Approved By
OMB Coordinator
OMB Coordinator Date
County Manager's Office
Office of Management & Budget 7/9/2008 3:51 PM
Approved By
Sherry Pryor
Management & Budget Analyst Date
County Manager's Office
Office of Management & Budget 7110/2008 12:24 PM
Approved By
James V. Mudd
County Manager Date
Board of County
County Manager's Office 711012008 5:34 PM
Commissioners
file://C:\AgendaTest \Export\ I I I - July %2022,° / x202008 \08. %20AD VERTISED %20PUBLIC... 7/15/2008
Agenda Item No 8C
July 22. 2008
Page 4 of 125
This space for recording
AMENDED AND RESTATED
AGREEMENT AUTHORIZING AFFORDABLE - WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AMENDED AND RESTATED AGREEMENT is made as of the day
of , 2008, by and between James J. Fields (the 'Developer ") and
the Collier County Board of County Commissioners (the "Commission "), collectively, the
"Parties," and replaces the prior, original Agreement dated November 15 2005 in its
entirety.
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The `Property"). It is the Developers intent to construct
a maximum of 108 residential units (the "Units ") at a density of 10.89 units per
gross acre on the Property. The gross acreage of Property is 9.92 acres. The
number of affordable - workforce housing units constructed by Developer shall be
32 44 , representing 39 forty (40) percent of the total number of residential Units
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Agenda Item No. 8C
July 22, 2008
Page 5 of 125
approved in the development, or 56.4 percent of the approved bonus units.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04-41, as
Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 78 bonus Units on the Property, if the Developer
agrees to construct affordable workforce, and gap Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 7.89 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that 49 it shall
construct up-49 _32 44 of e. units, not to exceed 40 % of the approved
residential density as affordable - workforce housing units, which Units shall be sold in
accordance with the terms and conditions of this Agreement and as specified by the
attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and gap Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when
underlined text is added, sussit tkreugh text is deleted
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Agenda Item No 8C
July 22, 2008
Page 6 of 125
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 'Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eligibility and Qualification of Owner. Family income eligibility is a
three -step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable, workforce, and gap
housing density bonus program prior to being qualified at the appropriate level of
income (very low, low, rnadefate workforce, or gap income) in accordance with this
Section; 3) certification of eligible Owner by the Housing
and Human Services Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable
workforce, and gap units in the subject development. All applications, forms and other
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Agenda Item No 8C
July 22, 2008
Page 7 of 125
documentation required by this Agreement shall be provided to
and- Housing and Human Services Department. Qualification by the Developer of any
persons as an eligible Owner family shall be subject to review and approval in
accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and
2.06.06, respectively.
The Developer and Commission acknowledge and agree that once the
developer has delivered all affordable workforce and gap units contemplated under
this Agreement to approved purchasers the Developer shall no longer be required to
provide progress and monitoring reports and shall no longer be liable for enforcement
action under this Agreement.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a tew; workforce, income family for the purpose of
owning and occupying an affordable- workforce housing unit pursuant to the affordable-
workforce housing density bonus program. The Preliminary Application for affordable-
workforce housing unit shall be provided by
and - Housing and Human Services Department, as shown in Appendix B, Exhibit A,
attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable - workforce housing
unit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC § 2.06.05.
(c) Income Verification, The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the affordable - workforce housing applicant
Income Verification form, including a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
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Agenda Item No. 8C
July 22. 2008
Page 8 of 125
verification shall be valid for up to one hundred eighty (180) days prior to occupancy.
Upon expiration of the 180 day period, the information may be verbally updated from
the original sources for an additional 30 days, provided it has been documented by the
person preparing the original verification. After this time, a new verification form must
be completed. The affordable - workforce housing Applicant Income Verification form
shall be provided to the Housing and Human Services
Department as shown in Appendix B, Exhibit B, attached to this Agreement and
incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for an
affordable - workforce housing unit and Applicant Income Verification form, the
Developer shall require that an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable-
workforce housing unit by the occupant. Income certification shall assure that the
potential occupant has an appropriate household income which qualifies the potential
occupant as an eligible family to occupy an affordable - workforce housing unit under the
affordable- workforce housing density bonus program. The affordable- workforce
Housing Applicant Income Certification form shall be provided by the Piaaasial
Housing and Human Services Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted
by the Housing and Human Services Department upon
reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Human Services Department an annual
progress and monitoring report regarding the delivery of affordable - workforce housing
units throughout the period of their construction and occupancy. The annual progress
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Agenda Item No. 8C
July 22, 2008
Page 9 of 125
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 Housing and Human
Services Department. Failure to complete and submit the monitoring report to the
Housing and Human Services Department within sixty (60)
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration
of the sixty (60) day submission deadline. No more than one such extension may be
granted in a single year.
(5) Occupancy Restrictions. No affordable - workforce unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or
affiliated with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 3 units per acre, and is therefore granted a density
bonus of 7.89 density bonus units per acre, for a total density (total = density bonus
units per acre X gross acreage) of �9 10.89 units /ac, pursuant to LDC § 2.06.00
The Commission further agrees that the Developer may construct thereon, in the
aggregate a maximum number of 108 units on the Property provided the Developer
is able to secure building permit(s) from Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Finangial ""^" and Housing and Human
Services Department or its successor(s) covenants and agrees to prepare and make
available to the Developer any general information that it possesses regarding income
limitations and restrictions which are applicable to the affordable, workforce or gap
Unit.
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Agenda Item No. 8C
July 22. 2008
Page 10 of 125
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC §
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable - workforce housing
unit provided under the affordable - workforce housing density bonus program except as
specifically permitted by the terms of this Agreement; or to knowingly give false or
misleading information with respect to any information required or requested by the
FiRaRG'-' AdmiRistratieR and Housing and Human Services Department or by any other
persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier
County or its designee shall have full power to enforce the terms of this Agreement.
The method of enforcement for a breach or violation of this Agreement shall be at the
option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69, Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC §
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand - delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
C. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable - workforce units in accordance with this Agreement or LDC §
2.06.00, as amended, at the option of the Commission, building permits or certificates
of occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC § 2.06.00, as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
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Agenda Item No 8C
July 22. 2008
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thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission: Collier County
Housing and Human Services Department
oonn nt .tl uoFs, ti e DFi a Sate 440
3301 East Tamiami Trail Building H. Suite 211
Naples, Florida 34111204
To the Developer: James J. Fields
15544 Monterosso Lane #2
Naples, Florida 34110
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County I=-i----"'' "dFRi"`"t"'"ee and Housing and Human Services Department or its
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Agenda Item No. 8C
July 22, 2008
Page 12 of 125
designee, shall have the authority to monitor and enforce the Developer's obligations
hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable workforce, or gap housing unit shall be
restricted to remain and be maintained as the required affordable, workforce, and gap
housing as provided in the LDC §2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
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Agenda Item No. SC
July 22, 2008
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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_
workforce housing unit, it must advertise, sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable - workforce housing unit.
C. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of
affordable - workforce units.
e. The affordable- workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and gap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable - workforce housing Density Bonus
shall be the same for market rate units and affordable - workforce units. For
developments where construction takes place in more than one phase, all physical
amenities as described in item number seven (7) of the Developer Application for
Affordable - Workforce Housing Density Bonus shall be the same in both the market rate
units and the affordable - workforce units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities
for market rate units and affordable workforce, and pap units are the same within each
phase and provided that in no event may a market rate unit or affordable - workforce unit
in any phase contain physical amenities less than those described in the Developer
Application.
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Agenda Item No. 8C
July 22, 2008
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17. Phasing. The percentage of affordable - workforce housing units to which
the Developer has committed for the total development shall be maintained in each
phase and shall be constructed as part of each phase of the development on the
Property. Developer commits to 38 40 percent affordable- workforce housing units for
this project, with 39 40 percent of the units in each phase consisting of affordable_
workforce units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable - workforce housing unit or units,
which units in the development are designated as affordable - workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable - workforce housing units and
the amount of affordable - workforce housing density bonus approved for the
development.
20. Affordable - Workforce Housing Density Bonus Development Agreement.
This Agreement is a distinct and separate agreement from "development agreements"
as defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable - Workforce
Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C
and incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and ail documents, certificates, instruments, and
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Agenda Item No. 8C
July 22, 2008
Page 15 of 125
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.
24. Effective date. This agreement shall be effective on the date that the
Board of County Commissioners approves an amendment to Ordinance No. 05 -63 to
change the affordable housing units from 32 to 44.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to
Agreement to be executed as of the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk
By: Tom Henning, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant County Attorney
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Page 12 of 31
Witnesses:
Wifness
Printed Name SOU
W' ess n
Printed Name igo1 )
STATE OF FLORIDA )
COUNTY OF COLLIER )
Aaenda Item No. 8C
July 22. 2008
Page 16 of 125
DEVELOPER:
By: Cirrus Pointe Partners. LLC
By:
James J. Fields, Manager
The foregoing First Amendment to Agreement Authorizing Affordable, Workforce, and
Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real
Property was acknowledged before me by James J. Fields as Cirrus Pointe
Partners, LLC Manager who is personally known to me or has produced
as identification.
WITNESS my hand and official seal this day of
►Z
i71ka
My Commission Expires:
�rlrnewlD
IIA� HYt • � M AIM
• MrD�n11MMHMMA�
CaYIMw 0 OD x11111
OOMM1r1IM1W1DMM1!
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Page 13 of 31
Notary Public
�N4/ F4�!5e- tt
Agenda Item No. 8C
July 22, 2008
Page 17 of 125
EXHIBIT A
LEGAL DESCRIPTION
All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2,
according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of
Collier County, Florida.
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Agenda Item No. 8C
July 22, 2008
Page 18 of 125
APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE - WORKFORCE
HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
GAP INCOME
(81 -150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
WORKFORCE INCOME
(61 -80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
LOW INCOME
(51%-60% MI)
Efficiency
1 Bedroom
0
2 Bedroom
3 Bedroom 44_
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Page 15 of 31
0
0
0
44
0
0
44
2 Bedroom
3 Bedroom 44_
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Agenda Item No. 8C
July 22, 2008
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4 Bedroom
TOTAL 0 24
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom 44
4 Bedroom
TOTAL 0 _Il-_
(1) Base residential density allowed in this development 3 units /acre.
(2) Gross acreage 9.92 .
(3) Maximum number of affordable- workforce housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 78 units.
(4) Gross residential density of this development (including affordable - workforce housing
density bonus units) 10.89 units /acre.
(5) Percentage of affordable - workforce housing units pledged by the developer (as a
percent of the total number units in the development) 39 40 %.
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Auenda Item No 8C
July 22. 2008
Page 20 of 125
APPENDIX A, EXHIBIT B
AFFORDABLE - WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable - workforce units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low,
workforce, and gap income households in Collier County.
The affordable- workforce housing density bonus rating system shall be used to determine
the amount of the affordable- workforce housing density bonuses which may be granted for a
development based on household income level, number a be-1-a—, k— aff-ardable housing
f fF «.7able ho /.. ed rental, single family multi family) and
percentage of affordable workforce, and gap housing units in the development. To use the
affordable - workforce housing density bonus rating system, Tables A and B, below, shall be used.
Tables A aad 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 (-°ee; low, every low, lew;- workforce, or
gap) of the affordable- workforce housing unit(s) proposed in the development, afid the type o
anmussv.r aavua ..6 .....w � .. ....... .... ..t.. .. ... ........y ., ..b... ...... .J ... ... _... ._.. .J, ...____
&ppliealsle) to be provided, as shown in Table A. Th°« _° eff:-° again Table n ehaese th°
Ml
A A L affordable h,.asin.. densit.. 1.,.«.... «..t:«g has been d °t°... fined in Table A t......r4 -if
in Table B d detefmine the « ent of that type of affordable housing . '.:t p sed i i t
develepment eampared tt the total numbeir of dwelling units in the development. From this
gfOSS -° that may be added to the base d ° « °: Next, determine the percent of that type of
affordable- workforce housing unit(s) proposed in the development compared to the total number
of dwelling units in the development. From this determination, Table A will indicate the
maximum number of residential dwelling units per gross acre that may be added to the base
density. These additional residential dwelling units per gross acre are the maximum affordable -
workforce housing density bonus (AWHDB) available to that development. Developments with
percentages of affordable- workforce housing units which fall in between the percentages shown on
Table B A shall receive an affordable - workforce housing density bonus equal the lower of the two
percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each
additional percentage of affordable- workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable-
workforce housing units, and which has an affordable housing density bonus rating of "four" will
receive an affordable - workforce housing density bonus (AWHDB) of 4.4 residential dwelling
units per gross acre for the development.
underlined text is added, .,.,� . „�4Feu' -- h text is deleted
Page 17 of 31
Agenda Item No. 8C
July 22, 2008
Page 21 of 125
p ,;hPvm in Table A) is propesed f r„ Aevela the FF rda;ble Loos...,.
densi4y benus fef eaek type shall be ealealated sepaFatejy in Table B. AAer- the affordable he"541.9
P fhp adfierdable housing density beaus Fef eaek type ef tmit shall be Added to these fer the athe
�f In no event shall the affordable- workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
underlined text is added, stmek thm ""' sue`• text is deleted
Page 18 of 31
.Aaenda Item No. 8C
July 22, 2008
Page 22 of 125
APPENDIX A. EXHIBIT B
AFFORDABLE- WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE - WORKFORCE
HOUSING DENSITY BONUS RATING lnrior table deleted, current table follows]
MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE - WORKFORCE HOUSING
Household
Product
100/(
20%
30%
40%
50%
60%
70%
80%
90%
100%
(Income �� median
81 -150%
Gap
MI* **
1
2
3
4
5
6
6
6
6
n/a
(Gap)
61 -80%
Workforce
MI*
2
3
5
8
8
8
8
8
8
8
51 -60%
Low
MI
3
4
6
8
8
8
8
8
8
8
50%
Very Low
or less
4
5
7
8
8
8
8
8
8
8
MI
*Owner- occupied only
**May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordable - Workforce Housing Density
Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
underlined text is added, svuelktkreugh teat is deleted
Page 19 of 31
Agenda Item No. 8C
July 22, 2008
Page 23 of 125
APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61% to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2007
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY [prior table deleted, current table follows]
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
[prior table deleted current table follows]
1
2
3
4
5
6
7
8
150%
73,350
83,700
94,200
104,700
113,100
121,500
129,900
138,150
80%
39,100
44,650
50,250
55,850
60,300
64,750
69,250
73,700
60%
29,340
33,480
37,680
41,880
45,240
48,600
51,960
55,260
50%
24,450
27,900
31,400
34,900
37,700
40,500
43,300
46,050
35%
17,115
19,530
21,980
24,430
26,390
28,350
30,310
32,235
25%
12,225
13,950
15,700
17,450
18,850
20,250
21,650
23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
[prior table deleted current table follows]
underlined text is added, st�ek thFeugh text is deleted
Page 20 of 31
ONE
BEDROOM
UNIT
TWO
BEDROOM
UNIT
THREE
BEDROOM
UNIT
FOUR
BEDROOM
UNIT
150%
$1,961
$2,355
$2,720
$3.034
80%
$1,046
$1,256
$1,451
$1,618
60%
$785
$942
$1,089
$1,215
50 °/n
$654
$785
$907
$1,012
35%
$458
$549
1 $635
$708
25%
1 $327
$392
1 $453
$506
underlined text is added, st�ek thFeugh text is deleted
Page 20 of 31
Agenda Item No. 8C
July 22, 2008
Page 24 of 125
underlined text is added, °',o- t.,4guggh text is deleted
Page 21 of 31
UTILITY ALLOWANCES
ONE B/R TWO B/R TBREE 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.
underlined text is added, °',o- t.,4guggh text is deleted
Page 21 of 31
Agenda Item No. 8C
July 22, 2008
Page 25 of 125
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE- WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co- Tenant Name
Present Address:
Street
Name of Landlord _
Landlord's Address:
Date of Application: Amt. Of Sec. Deposit:_
Race/National Origin: Handicap: Yes _ No _
Race/National Origin: Handicap: Yes _ No _
City State Zip Telephone No.
How Long at this Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
Street City
State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
Gross Salary: Hourly $ Weekly $
Every 2 Weeks $ Monthly $
Social Security Number
Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Job Title
CO- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
underlined text is added, sH ek threegh text is deleted
Page 22 of 31
Gross Salary: Hourly $_
Social Security Number_
Previous Employers Name
Address and Telephone No
Weekly $ Every 2 Weeks $
Birth Date
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE
2.
3.
Agenda Item No. 8C
July 22, 2008
Page 25 of 125
Monthly $
SOCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
1. Name: Address: How Long Known:
2. Name: Address: How Long Known:
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Page 23 of 31
Agenda Item No. 8C
July 22, 2008
Page 27 of 125
APPENDIX B, EXHIBIT B
AFFORDABLE - WORKFORCE SOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name: Social Security Number
Co- Tenant's Name:: Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable, workforce, or eap 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 S $ $ $
Unemployment $ S $ $
Workman's Compensation $ S $ $
Welfare $ $ $ $
Food Stamps S $ $ $
Social Security S $ $ $
Social Security Disability S S $ $
Supplemental SSI $ S $ $
Family Assistance $ $ $ S
Child Support $ $ $ S
°— Veterans Benefits $ $ $ $
Widows Benefits $ S $ $
underlined text is added, sffuek t :reu : text is deleted
Page 24 of 31
Union Pension
Self - Employment Business,
Silent Partner, etc.
Private Insurance Pension
TOTAL ANNUAL INCOME
$ $
1�
99
Agenda Item No. 8C
July 22. 2008
Page 28 of 125
$ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT.
underlined text is added, ^',.. ;hF@" ^ °Hg; text is deleted
Page 25 of 31
Agenda Item No. 8C
July 22, 2008
Page 29 of 125
APPENDIX B, EXHIBIT C
AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer: Job Title:
Street
I,
(Applicant)
on this certification form.
City State zip
hereby authorize the release of information requested
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
Witness my hand and official seal this
(notary seal)
My Commission Expires:
underlined text is added, su%elt- tkreugh text is deleted
Page 26 of 31
Signature of Applicant
day of
M
Notary Public
2008.
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
Witness my hand and official seal this
(notary seal)
Montnty
Supervisor
Agenda Item No. 8C
July 22, 2008
Page 30 of 125
Annually
M
day of 2008.
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE - WORKFORCE UNIT.
underlined text is added, ^- ^' 'h-^ •s text is deleted
Page 27 of 31
Aaenda Item No. 8C
July 22, 2008
Page 31 of 125
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE WORKFORCE.
HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Housing and Human Services Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; RPUD -9 92
2. Has an application for rezoning been requested in conjunction with the affordable. workforce
and gap housing Density bonus?
X Yes No
If yes, state date of application 12 -2 -04 and if the request has been approved, state the
Ordinance number 05_-_Q.
3. Gross density of the proposed development. 10.89 units /acre
Gross acreage of the proposed development. 9.92 acres
4. Are affordable- workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Cirrus Pointe RPUD located and at the northeast comer of the intersection between Thomasson
Drive and Bayshore Drive.
5. Name of applicant James J. Fields
Name of land developer if not the same as Applicant: N/A
6. Please complete the following tables as they apply to the proposed development.
underlined text is added, struGlE thFeug `. text is deleted
Page 28 of 31
Agenda Item No. 8C
July 22, 2008
Page 32 of 125
TABLE I Total Number of Units in Development
Type of
Owner
Unit Rental
Occupied
Efficiency
0
One Bedroom
0
Two Bedroom
0
Three Bedroom
108
Other Bedroom
0
TOTAL
108
TABLE II
Number of Affordable- Workforce Housing Units
[prior table deleted,
current table follows]
Total Number of
Proposed Use for
Affordable -Work-
Density Bonus Units
force Units
in Development
Owner
Owner
Rental Occupied
Rental Occupied
GAP INCOME
81 -150% MI
Efficiency
_
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 0 In accordance with LDC Section 2.06.03.D. — All
owner occupied
underlined text is added, g ; text is deleted
Page 29 of 31
WORKFORCE INCOME
61 -80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other —
TOTAL 44 In accordance with LDC Section 2.06.03.D. — All
owner occupied
44 44
Agenda Item No 8C-
July 22, 2008
Page 33 of 125
LOW INCOME
51 -60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 0
VERY LOW INCOME
50% OR LESS MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other —
TOTAL 0
underlined text is added, text is deleted
Page 30 of 31
v
0
Agenda Item No. 8C
July 22, 2008
Page 34 of 125
7. Please provide a physical description of the affordable- workforce units by type of unit (mederater
lei-; very low income. low income, workforce income gap income) and by number of bedrooms.
Include in your description, for example, the square footage of each type of unit, floor coverings
used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided
such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust
fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed.
(See Q) nn 2n y
CIRRUS POINTE PUD
PHYSICAL DESCRIPTION OF APFORDAW�E WORKFORCE HOUSING UNITS
There will be a minimum of 32 ^ gardable 44 Workforce Housing Units in the Cirrus Pointe
PUD. These Affbf-dabic Workforce Housing Units will be comprised of 4.0 44 three- bedroom
C3 etE , Lew t..,,ame (509 of Median t..,.,.me) and 22 n,-,,, bed -ee r liteeme (cnoi rxe d•
lneeme) Units.
All Affardable Workforce Housing units will be sold to owners as owner- occupied multi - family
units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove,
washer /dryer, basic lighting /ceiling fan package, and bathrooms will have ceiling exhaust fans.
The three - bedroom units will have a minimum air - conditioned area of 1526 square feet. Garage
parking will provide 2 parking stalls for each unit and will also house storage areas for each unit.
The entire community will consist of up to 108 multi - family homes and the units that are not
designated Aff- ardable Workforce Housing Units will be offered as moderately priced multi-
family homes. The community will have the following amenities open to the residents of Cirrus
Pointe: pool /cabana, fountains, sidewalks and gated security.
8. Please supply any other information which would reasonably be needed to address this request for
an affordable, workforce, and gap housing density bonus for this development. Attach additional
pages if needed.
underlined text is added,: text is deleted
NA 1 5/556742 v01 Page 31 of 31
ORDINANCE NO. 05 - 63
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004.41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH
BMUD -R2 OVERLAY TO THE RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH
BMUD -R2 OVERLAY FOR A PROJECT TO BE KNOWN AS
THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI-
FAMILY PROJECT OF UP TO log RESIDENTIAL UNITS;
AND, CONSIDERATION AND APPROVAL OF AN
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
AUTHORIZING THE DEVELOPER TO UTILIZE
AFFORDABLE HOUSING BONUS DENSITY UNITS (IN
THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY
UNITS PER ACRE) IN THE DEVELOPMENT OF THIS
PROJECT FOR LOW - INCOME RESIDENTS THAT WILL
INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS
AFFORDABLE HOUSING UNITS LOCATED AT THE
NORTHEAST CORNER OF BAYSHORE DRIVE AND
THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE,
Agenda Item No. SC
July 22, 2008
Page 35 of 125
WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc.,
representing James Fields, petitioned the Board of County Commissioners, in Petition Number
PUDZ - 2004 -AR -6906, to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF -6 Zoning
District with BMUD -R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning
District with BMUD -R2 Overlay for a project to be (mown as the Citrus Pointe RPUD, to allow
for a multi - family project of up to 108 residential units; and, consideration and approval of an
affordable housing density bonus agreement authorizing the developer to utilize affordable
housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the
development of this project for low - income residents that will include a maximum of 32 units
designated as affordable housing units in accordance with the Citrus Pointe RPUD Document,
attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas
map or maps as described in Ordinance Number 200441, as amended, the Collier County Land
Development Code, is /are hereby amended accordingly.
Page I oft
Aa_enda Item No. 8C
July 22.. 2008
Page 36 of 125
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this /! day of f 1/2 n
fY, 2005.
ATTEST:
..� r6,,8'C�.
`= IGHT E ?BR C,C MRK
��Jtttfs4l��'tC�pNtIW � s
f �pnetW't; •�iti �
Approved as to Form
and Legal Sufficiency:
Mmiori . Student -Stirling
Assistant County Attorney
PUD2- 3004- AR -6W6/K D /sp
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: W.
FRED W. COYLE, CHAT IAN
This ordinance filed with the
Watery of State's Office the
�I— day ofu f( �6--GZDO�
and acknowledge- that
filmy receiv d this —fS day
of 111111
By aE �«
Agenda Item No. 8C
July 22, 2008
Page 37 of 125
CIRRUS POINTE RESIDENTIAL PUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS
POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE
PREPARED FOR:
JAMES J. FIELDS
15544 MONTEROSSO LANE #2
NAPLES, FLORIDA 34110
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEVELOPMENT, INC.
3785 AIRPORT ROAD N., SUITE B -1
NAPLES, FLORIDA 34105
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
DATE FILED December 2. 2004
DATE REVISED October 29, 2005
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC November 15, 2005
ORDINANCE NUMBER 2005 -63
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION[ PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
ffl
Agenda Item No. 8C
July 22, 2008
Page 38 of 125
2110
1
3
5
9
13
14
Agenda Item No. 8C
July 22, 2008
Page 33 of 125
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD MASTER PLAN
EXHIBIT "B" PUD WATER MANAGEMENT /UTILITY PLAN
EXHIBIT "C" LOCATION MAP
TABLE I DEVELOPMENT STANDARDS
Agenda Item No. 8C
July 22, 2008
Page 40 of 125
STATEMENT OF COMPLIANCE
-he development of approximately 9.92± acres of property in Collier County, as a
Planned Unit Development to be known as the Cirrus Pointe RPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe
Residential PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
�. The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
2. The project development is compatible and complementary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element.
The project is located within the Urban Mixed Use District, Urban Coastal Fringe
Subdistrict, on the Future Land Use Map. The project is located within the
Traffic Congestion Boundary and the Bayshore Gateway Triangle
Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units /per
acre density bonus, pursuant to the companion Affordable Housing Density
Bonus Agreement. The projected density of 10.89 dwelling units per acre is in
compliance with the Future Land Use Element of the Growth Management Plan
based on the following relationships to required criteria:
Affordable Housing Proiect Within the Urban Coastal Fringe Subdistrict
Base Density 4 dwelling units /acre
Traffic Congestion Area 1 dwelling units /acre
Affordable Housing Density Bonus +8 dwelling units /acre
Maximum Permitted Density 11 dwelling units /acre
Requested density = 10.89 dwelling units /acre
Maximum permitted units = 9.92 acres x 11 dwelling units /acre = 109 units
Requested dwelling units = 108
Agenda Item No. 8C
July 22, 2008
Page 41 of 125
7. All final local development orders for this project are subject to Section 6.02.00,
Adequate Public Facilities Requirements and Section 10.02.07 of the Collier
County Land Development. Code.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
Aaenda Item No. 8C
July 22, 2008
Page 42 of 125
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the Cirrus Pointe Residential PU D.
1.2 LEGAL DESCRIPTION
The subject property being 9.92± acres, is located in Section 14, Township 50
South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves
and Truck Company's Little Farms No. 2, according to the plat thereof, as
recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County,
Florida."
1.3 PROPERTY OWNERSHIP
The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third
Street, Suite 300, Naples, Florida 34102. The property is under purchase
contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110.
' 4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northeast corner of the intersection
between Bayshore Drive and Thomasson Drive (unincorporated Collier
County), Florida.
B. The entire project site currently has RMF -6 Zoning with BMUD -R2 Overlay
and is proposed to be rezoned to RPUD with the BMUD -R2 Overlay.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Coastal Drainage Basin according
to the Collier County Drainage Atlas. The proposed outfall for the project is a
Collier County maintained ditch located along the eastern property boundary.
The ditch outfalls to the south into a swale that runs along Thomason Drive.
Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage
area to 7.26 feet NGVD along the western property line. The site is typically
about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet
3
Agenda Item No. 8C
July 22, 2008
Page 43 of 125
NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is
base flood elevation 8.0 feet NGVD.
The water management system for the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25 -year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on -site lake /natural
vegetation areas prior to discharge into the drainage easement along the eastern
property boundary.
The water management system will be permitted by Collier County per South
Florida Water Management District ( SFWMD) rules. All rules and regulations of
SFWMD will be imposed upon this project including but not limited to; storm
attenuation, minimum roadway centerline, perimeter berm and finished floor
elevations, water quality pre- treatment, and wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #7 — Immokalee Fine Sand.
The site vegetation consists primarily of slash pine with scattered cabbage palm.
saw palmetto, beauty bent', wax myrtle, and staggerbush were present in the
mid -story. The site was partially infested with Melaleuca trees but the exotic
species were recently removed.
1.6 PROJECT DESCRIPTION
The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential
units. These units are intended for development as a multi- family project.
Recreational facilities, including a swimming pool and cabana, will be provided in
conjunction with the dwelling units. Residential land uses, recreational uses, and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening /buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Cirrus Pointe Residential
Planned Unit Development Ordinance ".
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
Agenda Item No, SC
July 22, 2008
Page 44 of 125
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Cirrus Pointe RPUD shall be in
accordance with the contents of this Document, PUD - Planned Unit
Development District, Bayshore Drive Mixed Use Overlay District, and
other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of
issuance of any development order to which said regulations relate which
authorizes the construction of improvements, such as but not limited to
final subdivision plat, final site development plan, excavation permit and
early work authorization. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in
the Land Development Code shall apply. The project will comply with all
applicable overlay requirements of the BMUD -R2 Overlay District.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Cirrus Pointe RPUD shall become
part of the regulations, which govern the manner in which the RPUD site
may be developed.
D. Unless modified, waived, or excepted by this RPUD, the remaining
provisions of the Land Development Code, where applicable, remain in
full force and effect with respect to the development of the land which
comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 6.02.00 and Section
10.02.07, Adequate Public Facilities Requirements of the Collier County
Land Development Code.
5
Agenda Item No. 8C
July 22, 2008
Page 45 of 125
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A ", PUD Master Plan
and the water management and utility layout is illustrated graphically on
Exhibit "B" Water Management/Utility Plan. There shall be a residential
land use tract, a preserve area tract, plus necessary water management
lakes, street rights -of -way, the general configuration of which is also
illustrated by Exhibit "A ".
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configurations and contain the same general acreage as shown by Exhibit
"A ". Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of subdivision plat or site development plan
approval, subject to the provisions of Sections 10.02.04 and 10.02.03
respectively, of the Collier County Land Development Code, or as
otherwise permitted within this RPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A ",
such easements as necessary (utility, private, semi - public, etc.) shall be
established within or along the various tracts as may be necessary.
Exhibit "A" is anticipated to be comprised of the following areas and
applicable acreages.
AREA
ACREAGE
PRESERVE AREA
1.81 Acres
LAKES
0.41 Acres
DRAINAGE EASEMENT
0.38 Acres
RIGHT -OF -WAY EASEMENT
0.21 Acres
DEVELOPMENT AREA
7.11 Acres
TOTAL SITE AREA
9.92 Acres
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units /per acre. Any project with a density of more than 3.0
dwelling units /per acre must be developed in accordance with an approved
Affordable Housing Density Bonus Agreement (AHDB).
ri
Agenda Item No. 8C
July 22, 2008
Page 46 of 125
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a condominium plat for all or part of the RPUD,
final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance
with the RPUD Master Plan, RPUD Water Management/Utility Plan,
Collier County subdivision rules, and the platting laws of the State of
Florida.
B. Exhibit "A ", RPUD Master Plan and Exhibit "B" RPUD Water
Management/Utility Plan constitute the required RPUD Development Plan.
Subsequent to or concurrent with RPUD approval, a subdivision plat, if
applicable, shall be submitted for the entire area covered by the RPUD
Master Plan. Any division of the property and the development of the land
shall be in compliance with Section 4.03.00 Subdivision Design and
Layout of the Collier County Land Development Code, and the platting
laws of the State of Florida.
C. The provisions of Section 10.02.03, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 of
the Land Development Code prior to the issuance of a building permit or
other development order.
D. The development of any tract or parcel approved for residential
development contemplating fee simple ownership of land for each
dwelling unit shall be required to submit and receive approval of a
subdivision plat per Section 10.02.04 of the Land Development Code.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.6 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 5.04.04 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the
site after site development plan approval and prior to the recording of
subdivision plats, subject to the other requirements of Section 5.04.03 of
the Land Development Code.
Agenda Item No. SC
July 22, 2008
Page 47 of 125
2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Amendments may be made to the RPUD as provided in Subsection 10.02.13E.
of the Land Development Code.
2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and /or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a property owners' association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open spaces.
IN
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
Agenda Item No. 8C
July 22, 2008
Page 48 of 125
The purpose of this Section is to identify specific development standards for the
residential areas as shown on Exhibit "A ", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units /per acre. Any project with a density of more than 3.0
dwelling units /per acre shall be developed in accordance with an approved
Affordable Housing Density Bonus Agreement (AHDB).
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Multi- family dwellings.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball /shuffle board courts.
3. Temporary sales trailer and model units.
4. Gatehouse.
5. Interim and permanent utility and maintenance facilities necessary
to service this RPUD.
6
Agenda Item No. 8C
July 22, 2008
Page 49 of 125
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Cirrus Pointe RPUD.
10
Ito 411AM
Agenda Item No. 8C
July 22, 2008
Page 50 of 125
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
Front Yard Setback (1)
Side Yard Setback (1)
1 -Story
2 -Story
3 -Story and 4 -Story
Rear Yard Setback (1)
Principal Structure
Accessory Structure
RPUD Boundary Setback (1)
1 -Story and 2 -Story Homes
3 -Story and 4 -Story Homes
Accessory Structure
Preserve Area Setback
Principal Structure
Accessory Structure or infrastructure
Lake Setback (4)
Distance Between Structures
Main /Principal
1 -Story
2 -Story
3 -Story
Accessory Structures
Maximum Height:
Principal Building
Accessory Building
MULTI - FAMILY
NA
NA
15' (2)
7.5'
10'
11.25'
20'
10'
15'
25'(3)
10'
25'
10'
20'
15'
20'
22.5'
10'
40' or 3 habitable stories over parking
15'
Minimum Floor Area 1526 Sq. Ft.
Garage /Storage Area Below building parking for 2 cars and additional
storage area will be provided for each unit.
(1) Buildings, structures and pavements shall not encroach into required landscaped buffers.
(2) The multi - family minimum front -yard setback shall be increased to 23 feet where both
perpendicular parking and a 5 -foot wide sidewalk are located within such front yard
setback.
(3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the
eastern RPUD boundary.
(4) Lake setbacks are measured from the control elevation established for the lake.
Agenda Item No. 8C
July 22, 2008
Page 51 of 125
B. Off - Street Parkino and Loading Requirements:
Parking shall be as required by Section 4.05.00 of the Land Development
Code in effect at the time of building permit application.
C. Open Space /Natural Habitat Preserve Area Requirements:
A minimum of sixty (60) percent open space, as described in
Subsection 4.07.02G.2. of the Land Development Code, shall be
provided on -site for any residential project.
A minimum of 1.81 acres of preserve areas are required to be
provided on -site, emphasizing the largest contiguous area possible,
as described in Section 3.05.07 of the Land Development Code.
The owner /developer has agreed to provide a total of 2.21 acres of
preserve areas. These shall consist of 1.43 acres of retained
existing native vegetation areas and 0.78 acres of newly created
and replanted native vegetation areas, as shown on the RPUD
Master Plan.
D. Landscaping and Buffering Requirements:
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
Landscaping and buffering shall be provided per Section 4.06.00 of
the Collier County Land Development Code.
E. Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include: a similar architectural design and
use of similar materials and colors throughout all of the buildings, signs,
and fences /walls to be erected on all of the subject parcels. Landscaping
and streetscape materials shall also be similar in design throughout the
subject site. All roofs, except for carports, shall be peaked and finished in
tile, metal, or architecturally - designed shingles (such as Timberline).
F. Signs
Signs shall be permitted as described within Section 5.06.00 of the Collier
County Land Development Code.
12
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
Agenda Item No. SC
July 22, 2008
Page 52 of 125
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A ", PUD Master Plan.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
13
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
Agenda Item No. 8C
July 22, 2008
Page 53 of 125
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project. The developer, his successor and
assigns, shall be responsible for the commitments outlined in this Document.
The developer, his successor or assignee, shall follow the RPUD Master Plan
and the regulations of this RPUD, as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Document.
5.3 RPUD MASTER PLAN
A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, tract, lot or land use boundaries
or special land use boundaries shall not be construed to be final and may
be varied at any subsequent approval phase such as final platting or site
development plan approval. Subject to the provisions of Subsection
10.02.13E. of the Collier County Land Development Code, amendments
may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET
PROVISION
A site development plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected for development in one or
two phases and construction is anticipated to commence as soon as all
development permits and financing are in place.
14
Agenda Item No. 8C
July 22, 2008
Page 54 of 125
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 10.02.13D. of the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Section 10.02.04, Subdivision Design and Layout and
Section 10.02.03, Site Development Plans.
5.6 WATER MANAGEMENT
A. If applicable, existing or proposed easements for Collier County
stormwater facilities shall be maintained free of landscaping, berms or any
other kind of obstacles that would impede adequate access by
maintenance crews and equipment.
B. A copy of the SFWMD Surface Water Permit, permit modification, or
waiver shall be submitted at the time of site development plan application.
C. An excavation permit shall be required for any proposed lake(s) in
accordance with the Collier County Code of Laws and Ordinances and
SFWMD Rules.
D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty -
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
E. Stormwater calculations signed and sealed by a Florida professional
engineer shall be provided at the time of site development plan submittal.
F. Maximum allowable discharge rates must be in compliance with
Ordinance No. 90 -10, as amended.
5.7 UTILITIES
15
Agenda Item No. 8C
July 22, 2008
Page 55 of 125
A. Water distribution, sewage collection and transmission and interim water
and /or sewage treatment facilities to serve the project shall be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 04 -31, as amended, and other applicable County
rules and regulations.
B. This RPUD is located within the Collier County Water /Sewer District and is
subject to application for and conditions associated with a Sewer
Availability Letter from the Collier County Utilities Division. This RPUD
shall also be subject to submission and conditions of a "Statement of
Availability Capacity" from the City of Naples.
C. Although the site is entirely within the Collier County Water /Sewer District,
potable water is served by the City of Naples. Even though the site
contains a 4 -inch force main, it shall not be used to provide service unless
a hydraulic capacity report has been submitted and approved by the
County Public Utilities Division. In lieu of connection to the
aforementioned 4 -inch force main, connection to either the 12 -inch force
main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall
be preferred.
5.8 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County Land
Development Code.
B. Arterial level street lighting shall be provided at all development access
points. Access lighting shall be in place prior to the issuance of the first
certificate of occupancy.
C. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan are considered to be conceptual. Nothing depicted
on any such RPUD Master Plan shall vest any right of access at any
specific point along any property frontage. All such access points shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such accesses shall be consistent with the
Collier County Access Management Policy (Res. 01 -247), as it may be
amended from time to time, and with the Collier County Long -Range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the RPUD Master Plan; however, no
16
Agenda Item No. 8C
July 22, 2008
Page 56 of 125
additional access points shall be considered unless a subsequent RPUD
amendment is approved.
D. Site - related improvements (as opposed to system - related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first certificate of occupancy.
E. Road impact fees shall be paid in accordance with Collier County —
Ordinance 01 -13, as amended, and Section 10.02.07 of the Land
Development Code, as amended.
F. All work within Collier County rights -of -way or public easements shall
require a right -of -way permit.
G. All proposed median openings shall be in accordance with the Collier
County Access Management Policy (Resolution 01 -247), as amended,
and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median openings existing at the
time of approval of this RPUD which are found to be adverse to the
health, safety and welfare of the public. Any such modifications shall be
based on, but are not limited to, safety, operational circulation, and
roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of
a right -in /right -out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening, nor
the lack thereof, be the basis for any future cause of action for damages
against Collier County by the developer, its successor in title, or assignee.
All internal roads, driveways, alleys, pathways, sidewalks, and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer. Collier County shall
have no responsibility for maintenance of any such facilities.
If any required turn lane improvement requires the use of existing County
rights -of -way or easements, compensating right -of -way shall be provided
without cost to Collier County as a consequence of such improvement.
K. If in the sole opinion of the Collier County Transportation Division, a traffic
signal, or other traffic control device, sign or pavement marking
improvement within a public right -of -way or easement is determined to be
necessary, the cost of such improvement shall be bome by the developer
17
Agenda Item No. 8C
July 22, 2008
Page 57 of 125
and shall be paid to Collier County before the issuance of the first
certificate of occupancy.
L. Adjacent developments have not been designed to provide shared access
or interconnections with this development. The developer, or assigns,
shall assure that any such shared access or interconnection is utilized and
shall accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants.
M. The developer shall replace the temporary asphalt sidewalk along
Thomasson Drive with a 6 -foot wide concrete sidewalk prior to the
issuance of the first certificate of occupancy.
N. Prior to approval of the site development plan, the owner shall deed over
the right -of -way easement located at the southwest comer of the subject
property to Collier County.
5.9 PLANNING
A. Pursuant to Section 2.03.07E. of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
B. The developer shall construct a swimming pool and cabana prior to the
first residential unit in the project receiving a certificate of occupancy.
C. The developer shall pay 1/3 of the costs, as determined by the Bayshore
MSTU, of providing Bayshore Drive type architectural streetscape within
the northern half of the Thomasson Drive right -of -way along the project's
entire frontage of about 1300 feet along Thomasson Drive. Such
payment shall be made to the Bayshore MSTU prior to approval of the
project's site development plan.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Environmental Services Staff.
B. Areas that fulfill the native vegetation retention standards and criteria of
the Growth Management Plan shall be set aside as preserves. All
conservation /preservation areas shall be designated as preserves on all
construction plans and, if the project is platted, shall be recorded on the
is
Agenda Item No. 8C
July 22, 2008
Page 58 of 125
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Preserve areas shall be dedicated on the plat to the
project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier county with no responsibility for
maintenance. Buffers and setbacks shall be provided in accordance with
Section 3.05.07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation easements dedicated to project's
homeowners association or like entity for ownership and maintenance
responsibility and to Collier County with no responsibility for maintenance.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty -five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Environmental
Services Staff.
D. An exotic vegetation removal, monitoring, and maintenance (exotic -free)
plan for the site, with emphasis on the conservation /preservation areas,
shall be submitted to Environmental Services Staff for review and
approval prior to final site development plan /construction plan approval.
This plan shall include the methodology and a time schedule for removal
of exotic vegetation within the conservation /preservation areas.
E. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site /construction plan approval
identifying methods to address treatment of invasive exotic species, fire
management, and maintenance.
F. All agency permits shall be submitted prior to final plat/construction plan
approval or site development plan approval.
G. This RPUD shall comply with the environmental sections of the Collier
County Land Development Code and appropriate environmental sections
of the Growth Management Plan in effect at the time of final development
order approval.
H. This RPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A habitat management plan for those
species shall be submitted to Environmental Services Staff for review and
approval prior to site development plan approval.
[CO
Agenda Item No. 8C
July 22, 2008
Page 59 of 125
I. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10 -foot setback.
J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
20
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Agenda Item No. SC
July 22, 2008
Pape 61 of 125
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Prepared by:
Patrick G. White
Asst Collier County Att'y.
3301 Tamiami Trial East
Naples, FL 34112
RESTRICTIONS ON REAL PROPERTY
Agenda Item No. 8C
July 22, 2008
Page 62 of 125
This space for recording
THIS AGREEMENT is made as of the day of 2005, by and
between James J. Fields (the
"Developer ") and the Collier County Board of County Commissioners (the
"Commission "), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property "). It is the Developers intent to construct
a maximum of
residential units (the "Units ") at a
density of 10.89 units per gross acre on the Property. The gross acreage of
Property is 9.92 acres. The number of affordable Units constructed by
Developer shall be 32 , representing 30 percent of the total number
of residential Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
RECENED
Rev 2'3121303 Page 1 of 30 JUL z 5 20135
^L';NNING SEnV1Cc$ CErnnTMcNT
Agenda Item No. 8C
July 22, 2008
Page 63 of 125
Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04-41, as
Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 78 bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 7.89 units per acre requested by the Developer and the benefits
conferred thereby on the Property, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Developer and the
Commission hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that it shall
construct 32 affordable Units which Units shall be sold in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendices A
& B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by
reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown 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
Agenda Item No. SC
July 22, 2008
Page 64 of 125
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
Agenda Item No. 8C
July 22, 2008
Page 65 of 125
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 occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
Page 4 of 30
AgenCa Item No. 80
July 22. 2008
Page 66 of 125
family to occupy an affordable housing unit under the affordable housing density bonus
program. The Affordable Housing Applicant Income Certification form shall be provided
by the Financial Administration and Housing Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted
by the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Financial Administration and Housing Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC §
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Financial Administration and Housing Department. Failure to complete and submit the
monitoring report to the Financial Administration and Housing Department within sixty
(60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per
day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
(5) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 3 units per acre, and is therefore granted a
density bonus of 7.89 density bonus units per acre, for a total density (total =
Page 5 of 30
Agenda Item No. 8C
July 22, 2008
Page 67 of 125
density bonus units per acre X gross acreage) of 11.89 units /ac, pursuant to
LDC § 2.06.00 The Commission further agrees that the Developer may construct
thereon, in the aggregate a maximum number of 108 units
on the Property provided the Developer is able to secure building permit(s) from Collier
County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC §
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically
permitted by the terms of this Agreement; or to knowingly give false or misleading
information with respect to any information required or requested by the Financial
Administration and Housing Department or by any other persons pursuant to the
authority which is delegated to them by LDC § 2.06.00 Collier County or its designee
shall have full power to enforce the terms of this Agreement. The method of
enforcement for a breach or violation of this Agreement shall be at the option of the
Commission by criminal enforcement pursuant to the provisions of Section 125.69,
Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC §
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand - delivery to the person or developer in violation.
Page 6 of 30
Acenda Item No. 8C
July 22, 2008
Page 68 of 125
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
inifio.
7. Severabiiity. 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
Agenda Item No. SC
July 22, 2008
Page 69 of 125
To the Commission: Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer: James J. Fields
15544 Monterosso Lane #2
Naples, FL 34110
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants, The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
Page 8 of 30
Agenda Item No. 8C
July 22. 2008
Page 70 of 125
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing as provided in the LDC §2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non - discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
C. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
e. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for
market rate units and affordable units. For developments where construction takes
Page 9 of 30
Agenda Item No. 8C
July 22, 2008
Page 71 of 125
place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 30 percent affordable housing units for this project, with
30 percent of the units in each phase as built consisting of.affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapolication. Developer has executed and submitted to the
Page 10 of 30
Agenda Item No. 8C
July 22: 2008
Page 72 of 125
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
Deputy Clerk
By: FRED W. COYLE, CHAIRMAN
pA proved a t form legal sufficiency:
Patrick G. W ite
Assistant County Attorney
Page 11 of 30
DEVELOPER:
Witnesses:
Witness ,/
Printed Name l >,' / /'.e L. /Yn e v e r
J ERC'111 i STCQ
Witness
Printed Name J Lc ✓l
STATE OF FLORIDA )
COUNTY OF COLLIER )
0
Agenda Item No. 8C
July 22, 2008
Page 73 of 125
d-4,141F--5 -�-, i G_�D5
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
�anlES I H,tcy5 as Olc.yEQ I bEk/CuAc/l of
C I a O,i s. PO iti' A who is personally
known to me or has produced as identification.
WITNESS my hand and official seal this 3r day of "J(,« Y
i►4iI01-1
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5... ..rrw0
M
My Commission Expires:
31 `i I -zc ()�i'
Page 12 of 30
otary F,116blic
Agenda Item No. 8C
July 22, 2008
Page 74 of 125
EXHIBIT A
LEGAL DESCRIPTION
The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range
25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's
Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of
the Public Records of Collier County, Florida."
Page 13 of 30
Agenda Item No. 8C
July 22, 2008
Page 75 of 125
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single
Multi Single Multi
Family
Family Family Family
LOW INCOME
(60% MI)
Efficiency
0
I Bedroom
0
2 Bedroom
0
3 Bedroom
21
4 Bedroom
0
TOTAL 0
21
VERY LOW INCOME
(50% MI)
Efficiency
0
1 Bedroom
0
2 Bedroom
0
3 Bedroom
11
4 Bedroom
0
TOTAL 0
1 I
VERY -VERY LOW INCOME
(25 % -50% MI)
Efficiency
0
I Bedroom
0
2 Bedroom
0
3 Bedroom
0
Page 14 of 30
Agenda Item No. 8C
July 22, 2008
Page 76 of 125
4 Bedroom 0
TOTAL 0 0
(1) Base residential density allowed in this development 3 units /acre.
(2) Gross acreage 9.92
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 78 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) 10.89 units /acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 30 %.
Page 15 of 30
Agenda Item No. 8C
July 22, 2008
Page 77 of 125
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C
contains the current median income and acceptable rents for low and very low income households
in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner- occupied or rental, single - family or multi - family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unit(s) proposed in the development, and the type of affordable housing units
(owner- occupied or rental, single - family or multi - family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B. and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B. the affordable housing density bonus for each type of unit shall be added to those for the other
tvpe(s) to determine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
Page 16 of 30
units per gross acre.
APPENDIX A. EXHIBIT B
Agenda Item No. SC
July 22, 2008
Page 78 of 125
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMS /UNIT
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
AND I MORE
80% MI= MODERATE (OWNER- OCCUPIED, 0 1" 1 •
SINGLE- FAMILY)
60% MI= LOW (OWNER- OCCUPIED OR RENTAL 2 3 4
SINGLE- FAMILY OR MULTI-
FAMILY)
50 %MI= VERY LOW (OWNER OCCUPIED OR
RENTAL. SINGLE- FAMILY OR
MULTI - FAMILY) 3 4 5
'For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS 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
Page 17 of 30
Agenda Item No. 8C
July 22, 2008
Page 79 of 125
APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
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
1
2
3
4
5
6
7
8
80%
39,100
44,650
50,250
55,850
60,300
64,750
69,250
73,700
60%
29,340
33,480
37,680
41,880
45,240
48,600
51,960
55,260
50%
24,450
27,900
31,400
34,900
37,700
40,500
43,300
46,050
35%
17,115
19,530
21,980
24,430
26,390
28,350
30,310
32,235
25%
12,225
13,950
15,700
17,450
18,850
20,250
21,650
23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
Page 18 of 30
ONE
BEDROOM
UNIT
TWO
BEDROOM
UNIT
THREE
BEDROOM
UNIT
FOUR
BEDROOM
UNIT
80%
$1,046
$1,256
$1,451
$1.618
60%
$785
$942
$1,089
$1,215
50%
$654
$785
$907
$1,012
35%
$458
$549
$635
$708
25%
$327
$392
$453
$506
Page 18 of 30
LOCATION
Naples and Coastal
Collier County
Immokalee and East of
Agenda Item No. 8C
July 22. 2008
Page 80 of 125
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 19 of 30
Agenda Item No. 8C
July 22, 2008
Page 81 of 125
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co -Tenant Name
Present Address:
Name of Landlord _
Landlord's Address:
Date of Application: Amt. Of Sec. Deposit:
Race/National Origin: Handicap: Yes _ No
Race/National Origin: Handicap: Yes _ No _
Street City
State Zip Telephone No.
How Long at this Address:
Street City State
Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
State Zip Telephone No.
Name of Previous Landlord
Street City
State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
Gross Salary: Hourly $ Weekly $
Every 2 Weeks $ Monthly $
Social Security Number
Birth Date - --
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Job Title
CO- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
Page 20 of 30
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Address and Telephone
Weekly $ Every 2 Weeks $
How long with Previous Employer
Birth Date
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTHDATE
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
Agenda Item No. 8C
July 22, 2008
Page 82 of 125
Monthly $
SEX AGE SOCIALSECURITY
1. Name: Address: How Long Known:
2. Name: Address: How Long Known:
Page 21 of 30
Date:
Applicant's
Agenda Item No. 8C
July 22. 2008
Page 83 of 125
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Social Security Number
Co- Tenant's Name:: Social Security Number
Present Address:
Street City State Zip
I hereby make application for a single family trait at
I hereby declare and reveal all of my sources of income.
Telephone No.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable housing unit. I understand that I am not required
to surrender my ownership or rights or claimed property,
pensions or capital gains, etc.
Applicant
Co- Occupant
Amount
Frequency
Amount
Frequency
Received
of Pay
Received
of Pay
Wages /Salary
$
$
$
$
Bonuses
$
$
$
$
Tips
$
$
$
$
Commissions
$
$
$
$
Interest Income
$
$
$
$
Trust Fund Income
$
$
$
S
Unemployment
$
$
$
$
Workman's Compensation
$
$
$
$
Welfare
$
$
$
S
Food Stamps
$
$
$
$
Social Security
$
$
$
$
Social Security Disability
$
$
S
S
Supplemental SSI
$
$
S
S
Family Assistance
$
$
$
$
Child Support
$
$
$
S
Veterans Benefits
$
$
$
$
Widows Benefits
$
$
$
S
Page 22 of 30
Agenda Item No. 8C
July 22. 2008
Page 84 of 125
Union Pension $ $ $ $
Self - Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 23 of 30
Agenda Item No. 8C
July 22, 2008
Page 85 of 125
APPENDIX B, EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer: Job Title:
Address:
Street City State Zip
I, hereby authorize the release of information requested
(Applicant)
on this certification form.
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
Witness my hand and official seal this
(notary seal)
My Commission Expires:
Page 24 of 30
Signature of Applicant
day of
as
Notary Public
2005.
Agenda Item No. SC
July 22, 2008
Page 86 of 125
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay:
Number of Hours Worked (Weekly): . Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced as
identification.
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 25 of 30
Agenda Item No. 8C
July 22, 2008
Page 87 of 125
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104.
Administration and Housing Department.
All items requested must be provided.
A copy must also be provided to the Financial
I . Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; PUD -9.92
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
X Yes
M
If ves, state date of application 12 -2 -04 . and if the request has been
approved, state the Ordinance number
3. Gross density of the proposed development. 10.89 units /acre.
Gross acreage of the proposed development. 9.92 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
1f yes, please state name and location of the PUD and any other identifying information. Cirrus
Pointe PUD located and the northeast comer of the intersection between Thomasson Drive and
Bayshore Drive.
5. Name of applicant James J. Fields
Name of land developer if not the same as Applicant: _N /A
6. Please complete the following tables as they apply to the proposed development.
Page 26 of 30
Agenda Item No. 8C
July 22, 2008
Page 88 of 125
TABLE I Total Number of Units in Development
Type of
Owner
Unit Rental
Occupied
Efficiency
0
One Bedroom
0
Two Bedroom
0
Three Bedroom
108
Other Bedroom
0
TOTAL
108
TABLE If
Number of Affordable Housin¢ Units
Total Number of Proposed Use for
Affordable Units Density Bonus Units
in Development
Owner Owner
Rental Occupied Rental Occupied
MODERATE INCQME
80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
0 0 0 0
Page 27 of 30
Agenda Item No. SC
July 22, 2008
Page 89 of 125
LOW INCOME
60% MI
Efficiency
0 0
1 Bedroom
0 0
2 Bedroom
0 0
3 Bedroom
22 22
Other
0 0
TOTAL
22 22
VERY LOW INCOME
50 %MI
Efficiency
0
0
1 Bedroom
0
0
2 Bedroom
0
0
3 Bedroom
10
10
Other
0
0
TOTAL
10
10
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each tvpe of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer /dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
Page 28 of 30
Agenda Item No. SC
July 22, 2008
Page 90 of 125
additional pages as Exhibit "D" if needed. (See Attached)
8. Please supply any other information which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages if needed.
Page 29 of 30
Agenda Item No. 8C
July 22, 2008
Page 91 of 125
APPENDIX D
CIRRUS POINTE PUD
PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS
There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus
Pointe PUD. These Affordable Housing Units will be comprised of 10 three - bedroom
Very Low Income (50% of Median Income) and 22 three - bedroom Low Income (60% of
Median Income) Units.
All Affordable Housing Units will be sold to owners as owner - occupied multi- family
units. Each unit will come standard with carpet and tile floors, refrigerator, dishwasher,
stove, washer /dryer, basic lighting /ceiling fan package, and bathrooms will have ceiling
exhaust fans. The three - bedroom units will have a minimum air - conditioned area of
1526 square feet. Garage parking will provide 2 parking stalls for each unit and will
also house additional storage areas for each unit.
The entire community will consist of up to 108 multi - family homes and the units that are
not designated Affordable Housing Units will be offered as moderately priced multi-
family homes. The community will have the following amenities open to the residents
of Cirrus Pointe: pool /cabana, fountains, sidewalks and gated security.
Page 30 of 30
Agenda Item No. 8C
July 22, 2008
Page 92 of 125
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005 -63
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of November, 2005.
DWIGHT E. BROCK
Clerk of Courts an e
Ex- officio to Board'of
County Commission 1st.
lA.. l lA
By: Ann J nejo .,.
Deputy Clerk
Agenda Item No. 8C
July 22, 2008
Page 93 of 125
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 2005 -63, TO
REFLECT CONSIDERATION AND APPROVAL OF AN AMENDED
AND RESTATED AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO
UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE
AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE)
IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW
INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI-
FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE
HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF
BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Patrick G. White, of Porter Wright Moms & Arthur, LLP, representing
James Fields, petitioned the Board of County Commissioners, to amend the previously approved
Affordable Housing Density Bonus Agteetnent to reflect a revision from 32 to 44 affordable
housing units now being designated as workforce housing instead of low or very low- income,
without changing the total number of developable units (108) or the density of such development
previously approved as part of Ordinance No. 2005.63.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
That Ordinance 2005 -63 is amended and revised to reflect that development of this
project will be for qualified residents that will include a maximum of 44 affordable housing units
designated as workforce housing units. The amended and restated Affordable Housing Density
Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated
into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement
previously approved as an attachment to Ordinance No. 2005 -63.
Words swmkdweugk are deleted; words unded am added.
Page I of 2
Agenda Item No. 8C
July 22, 2008
Page 94 of 125
SECTION TWO:
All other provisions of Ordinance Number 2005 -63 are unchanged by this Ordinance and
shall remain in full force and effect, specifically including all portions of the Cirrus Pointe
Residential PIanned Unit Development Regulations and Supporting Master Plan, which are
unaffected by this Ordinance or its attached Exhibit "A."
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 _ day of
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and
legal sufficiency
HE
Heidi Ashton -Cicko
Assistant County Attorney
w Levnms.,a]
BOARD OF COUNTY COMML'
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
Words slFook des% are deleted; words underlined are added.
Page 2 of 2
Agenda Item No. SC
July 22, 2008
Page 95 of 125
This space for recording
AMENDED AND RESTATED
AGREEMENT AUTHORIZING AFFORDABLE - WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AMENDED AND RESTATED AGREEMENT is made as of the day
of , 2008, by and between James J. Fields (the 'Developer ") and
the Collier County Board of County Commissioners (the "Commission "), collectively, the
"Parties," and replaces the prior, original Agreement dated November 15, 2005 in its
entirety.
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The 'Property "). It is the Developers intent to construct
a maximum of 108 residential units (the "Units ") at a density of 10.89 units per
gross acre on the Property. The gross acreage of Properly is 9.92 acres. The
number of affordable - workforce housing units constructed by Developer shall be
42 44 , representing 49 forty (40) percent of the total number of residential Units
Page 1 of 31
4/12106 underlined text is added, text is deleted
Agenda Item No. 8C
July 22, 2008
Page 96 of 125
approved in the development, or 56.4 percent of the approved bonus units.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04-41, as
Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 78 bonus Units on the Property, if the Developer
agrees to construct affordable, workforce, and pap Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 7.89 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that be it shall
construct up--te _33 44 affordable units, not to exceed 40 % of the approved
residential density as affordable- workforce housing units, which Units shall be sold in
accordance with the terms and conditions of this Agreement and as specified by the
attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and gap Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when
underlined text is added, stc & t4reugh text is deleted
Page 2 of 31
Agenda Item No. 8C
July 22, 2008
Page 97 of 125
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eligibility and Qualification of Owner. Family income eligibility is a
three -step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable, workforce, and gap
housing density bonus program prior to being qualified at the appropriate level of
income (very low. low. ^r„ederate workforce, or gap income) in accordance with this
Section; 3) certification of eligible Owner by the r=6RRRmW AdrAinistFation and Housing
and Human Services Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable,
workforce, and gap units in the subject development. All applications, forms and other
underlined text is added, stFuek thmog: text is deleted
Page 3 of 31
Aaenda Item No, 8C
July 22, 2008
Page 98 of 125
documentation required by this Agreement shall be provided to
aad- Housing and Human Services Department. Qualification by the Developer of any
persons as an eligible Owner family shall be subject to review and approval in
accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and
2.06.06, respectively.
The Developer and Commission acknowledge and agree that once the
developer has delivered all affordable, workforce, and gap units contemplated under
this Agreement to approved purchasers, the Developer shall no longer be required to
provide progress and monitoring reports, and shall no longer be liable for enforcement
action under this Agreement.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a few; workforce, income family for the purpose of
owning and occupying an affordable- workforce housing unit pursuant to the affordable-
workforce housing density bonus program. The Preliminary Application for affordable-
workforce housing unit shall be provided
aad- Housing and Human Services Department, as shown in Appendix B, Exhibit A,
attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable - workforce housing
unit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC § 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the affordable- workforce housing applicant
Income Verification form, including a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
underlined text is added, stresk-tlxeegH text is deleted
Page 4 of 31
Agenda Item No. 8C
July 22, 2008
Page 99 of 125
verification shall be valid for up to one hundred eighty (180) days prior to occupancy.
Upon expiration of the 180 day period, the information may be verbally updated from
the original sources for an additional 30 days, provided it has been documented by the
person preparing the original verification. After this time, a new verification form must
be completed. The affordable - workforce housing Applicant Income Verification form
shall be provided to the Housing and Human Services
Department as shown in Appendix B, Exhibit B, attached to this Agreement and
incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for an
affordable - workforce housing unit and Applicant Income Verification form, the
Developer shall require that an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable_
workforce housing unit by the occupant. Income certification shall assure that the
potential occupant has an appropriate household income which qualifies the potential
occupant as an eligible family to occupy an affordable - workforce housing unit under the
affordable - workforce housing density bonus program. The affordable - workforce
Housing Applicant Income Certification form shall be provided by the €inaasial
Housing and Human Services Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted
by the Housing and Human Services Department upon
reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
FmInaRGial Ad im-inistratie-ri and Housing and Human Services Department an annual
progress and monitoring report regarding the delivery of affordable - workforce housing
units throughout the period of their construction and occupancy. The annual progress
underlined text is added, s4mek three gk text is deleted
Page 5 of 31
Agenda Item No. 8C
July 22, 2008
Page 100 of 125
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 Pilnalneial Administratialn and Housing and Human
Services Department. Failure to complete and submit the monitoring report to the
FiRanGial Administration and Housing and Human Services Department within sixty (60)
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration
of the sixty (60) day submission deadline. No more than one such extension may be
granted in a single year.
(5) Occupancy Restrictions. No affordable - workforce unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or
affiliated with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 3 units per acre, and is therefore granted a density
bonus of 7.89 density bonus units per acre, for a total density (total = density bonus
units per acre X gross acreage) of 4449 10.89 units /ac, pursuant to LDC § 2.06.00
The Commission further agrees that the Developer may construct thereon, in the
aggregate a maximum number of 108 units on the Property provided the Developer
is able to secure building permit(s) from Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Finannial AdmiRistFatien and Housing and Human
Services Department or its successor(s) covenants and agrees to prepare and make
available to the Developer any general information that it possesses regarding income
limitations and restrictions which are applicable to the affordable, workforce, or gap
Unit.
underlined text is added, text is deleted
Page 6 of 31
Agenda Item No. 8C
July 22, 2008
Page 101 of 125
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC §
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable- workforce housing
unit provided under the affordable- workforce housing density bonus program except as
specifically permitted by the terms of this Agreement; or to knowingly give false or
misleading information with respect to any information required or requested by the
r=*RaRGia1.A.drA'niGtFat'9R and Housing and Human Services Department or by any other
persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier
County or its designee shall have full power to enforce the terms of this Agreement.
The method of enforcement for a breach or violation of this Agreement shall be at the
option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69, Florida Statutes, or by civil enforcement as allowed by law.
_ b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC §
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return -
receipt requested U.S. Mail, or hand - delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
C. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable - workforce units in accordance with this Agreement or LDC §
2.06.00, as amended, at the option of the Commission, building permits or certificates
of occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC § 2.06.00, as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
underlined text is added, saask -Hxeuo text is deleted
Page 7 of 31
Agenda Item No. 8C
July 22, 2008
Page 102 of 125
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission: Collier County
Housing and Human Services Department
3301 East Tamiami Trail, Building H, Suite 211
Naples, Florida 34111294
To the Developer: James J. Fields
15544 Monterosso Lane #2
Naples, Florida 34110
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County FinaRnial AdMiRiStFEltiGn and Housing and Human Services Department or its
underlined text is added, swudi t:xoh, text is deleted
Page 8 of 31
Agenda Item No. 8C
July 22, 2008
Page 103 of 125
designee, shall have the authority to monitor and enforce the Developer's obligations
hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable workforce, or gap housing unit shall be
restricted to remain and be maintained as the required affordable workforce, and gap
housing as provided in the LDC §2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
underlined text is added, week- threugk text is deleted
Page 9 of 31
Agenda Item No. 80
July 22, 2008
Page 104 of 125
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_
workforce housing unit, it must advertise, sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable- workforce housing unit.
C. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of
affordable- workforce units.
e. The affordable- workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and pap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable - workforce housing Density Bonus
shall be the same for market rate units and affordable- workforce units. For
developments where construction takes place in more than one phase, all physical
amenities as described in item number seven (7) of the Developer Application for
Affordable - Workforce Housing Density Bonus shall be the same in both the market rate
units and the affordable - workforce units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities
for market rate units and affordable, workforce, and pap units are the same within each
phase and provided that in no event may a market rate unit or affordable - workforce unit
in any phase contain physical amenities less than those described in the Developer
Application.
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Page 10 of 31
Agenda Item No. SC
July 22, 2008
Page 105 of 125
17. Phasing. The percentage of affordable- workforce housing units to which
the Developer has committed for the total development shall be maintained in each
phase and shall be constructed as part of each phase of the development on the
Property. Developer commits to j8 40 percent affordable - workforce housing units for
this project, with 39 40 percent of the units in each phase consisting of affordable:
workforce units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable - workforce housing unit or units,
which units in the development are designated as affordable - workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable - workforce housing units and
the amount of affordable - workforce housing density bonus approved for the
development.
20. Affordable - Workforce Housing Density Bonus Development Agreement.
This Agreement is a distinct and separate agreement from "development agreements"
as defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable - Workforce
Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C
and incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
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Page 11 of 31
Agenda Item No. 8C
July 22, 2008
Paae 106 of 125
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.
24. Effective date. This agreement shall be effective on the date that the
Board of County Commissioners approves an amendment to Ordinance No. 05 -63 to
change the affordable housing units from 32 to 44.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to
Agreement to be executed as of the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk By: Tom Henning, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant County Attorney
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Page 12 of 31
Witnesses:
Printed Wffness
Name i . 1
Printed Name /ANN tf lrJ (�'
STATE OF FLORIDA )
COUNTY OF COLLIER )
Agenda Item No. 8C
July 22, 2008
Page 107 of 125
DEVELOPER:
By: Cirrus Pointe Partners. LLC
By:
James J. Fields, Manager
The foregoing First Amendment to Agreement Authorizing Affordable, Workforce, and
Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real
Property was acknowledged before me by James J. Fields as Cirrus Pointe
Partners, LLC Manager who is personally known to me or has produced
as identification.
WITNESS my hand and official seal this day ofA (1
My Commission Expires:
Now Pl1ft • aw a pow
�Mf.1AINIr�rM /Iii
COMM" 10: t Ott MW
O�tM IOp~
undedincd text is added, Am& thmugh text is dcrcted
Page 13 of 31
Notary Public �
lqNtt) F4.scffl
Agenda Item No. 8C
July 22. 2008
Page 108 of 125
EXHIBIT A
LEGAL DESCRIPTION
All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2,
according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of
Collier County, Florida.
underlined text is added, stMOIC �kraegH text is deleted
Page 14 of 31
Agenda Item No. 80
July 22, 2008
Page 109 of 125
APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE WORKFORCE
HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
GAP INCOME
(81 -150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL 0
WORKFORCE INCOME
(61 -80% MI)
Efficiency
0
1 Bedroom
0
2 Bedroom
0
3 Bedroom
44
4 Bedroom
0
TOTAL 0
_44
LOW INCOME
(51 %-60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
44 _
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Page 15 of 31
Agenda Item No. 8C
July 22. 2008
Page 110 of 125
4 Bedroom
TOTAL 0 24
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom 44
4 Bedroom
TOTAL 0 _44_
(1) Base residential density allowed in this development 3 units /acre.
(2) Gross acreage 9.92 .
(3) Maximum number of affordable- workforce housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 78 units.
(4) Gross residential density of this development (including affordable - workforce housing
density bonus units) 10.89 units /acre.
(5) Percentage of affordable - workforce housing units pledged by the developer (as a
percent of the total number units in the development) 38 40 %.
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Page 16 of 31
Agenda Item No. 8C
July 22, 2008
Page 111 of 125
APPENDIX A. EXHIBIT B
AFFORDABLE- WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable- workforce units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low,
workforce, and gap income households in Collier County.
The affordable- workforce housing density bonus rating system shall be used to determine
the amount of the affordable- workforce housing density bonuses which may be granted for a
development based on household income level, ,
t5Te eg a4efdable hausing units (aAser eeoupied or rental, single family er ai�Wfi &maily) and
percentage of affordable, workforce, and gap housing units in the development. To use the
affordable- workforce housing density bonus rating system, Tables A and 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 (medeeate, low, of -very low, lei workforce, or
gap) of the affordable- workforce housing unit(s) proposed in the development �.aoi
__heable) to he . vide, as shown in Table A. The- _er _.ing again to Table n eheese the
beBus ratifig based (4;; the ha4usehald ineafne level and the mum-her f4f bedwesn;q iq sl9w1m; i4; T-Able
A=
n rte- the Aff ..ankle he..ning aeasit.. ban. .n .sting has been aeteE inea i.. Table n lae to it
deyeln_-- eRt n _ r-ed tt the tetnl number of dwelling units in the development. From this
gFess
-e that ._n.. he added to the base densit.. Next, determine the percent of that type of
affordable - workforce housing unit(s) proposed in the development compared to the total number
of dwelling units in the development. From this determination, Table A will indicate the
maximum number of residential dwelling units per gross acre that may be added to the base
density. These additionall residential dwelling units per gross acre are the maximum affordable -
workforce housing density bonus (AWHDB) available to that development. Developments with
percentages of affordable - workforce housing units which fall in between the percentages shown on
Table B A shall receive an affordable- workforce housing density bonus equal the lower of the two
percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each
additional percentage of affordable- workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable -
workforce housing units, and which has an affordable housing density bonus rating of "four" will
receive an affordable- workforce housing density bonus (AWHDB) of 4.4 residential dwelling
units per gross acre for the development.
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Page 17 of 31
Agenda Item No. 8C
July 22. 2008
Page 112 of 125
RR. e gian o type e f eFPefdable 1......ing ...;t (based an level ..f inesfile ..A
deasity beaus fer. eeeh type shall be eelsuleted s F tely in Table B A Ae. the A ff ..dells 1.....,.;..e
deasity bonus ealeulatiens for earsh type ef affefdable hausing unit hEFN,e been eampleted in Table
B the a5 ..,7eble hettsi g density, b..was fer each type of wkit ..7.,,11 be added is d;R-se f . the ..tl.e.
..el,.\ to detefmine the a-giar ieble be... ing .leashy b. nun available_ fer _the
develepment. In no event shall the affordable- workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
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Page 18 of 31
Agenda Item No. 8C
July 22, 2008
Page 113 of 125
APPENDIX A, EXHIBIT B
1 .717_ \:I Il��1 017;49101 TQ
11 DION I ILIA :1
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE WORKFORCE
HOUSING DENSITY BONUS RATING [prior table deleted, current table follows]
MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE - WORKFORCE HOUSING
Household
Product
Income
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
(% median)
81 -150%
Gap
MI* **
1
2
3
4
5
6
6
6
6
n/a
(Gap)
61 -80%
Workforce
MI*
2
3
5
8
8
8
8
8
8
8
51 -60%
Low
MI
3
4
6
8
8
8
8
8
8
8
50%
Very Low
or less
4
5
7
8
8
8
8
8
8
8
MI
*Owner- occupied only
* *May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordable- Workforce Housing Density
Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
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Page 19 of 31
Aaenda Item No. SC
July 22, 2003
Page 114 of 125
APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61% to 80% of the median income, low income is 51% to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2007
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY [prior table deleted, current table follows]
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
[prior table deleted, current table follows]
1
2
3
4
5
6
7
8
150%
73,350
83,700
94,200
104,700
113,100
121,500
129,900
138,150
80%
39,100
44,650
50,250
55,850
60,300
64,750
69,250
73,700
60%
29,340
33,480
37,680
41,880
45,240
48,600
51,960
55,260
50%
24,450
27,900
31,400
34,900
37,700
40,500
43,300
46,050
35%
17,115
19,530
21,980
24,430
26,390
28,350
30,310
32,235
25%
12,225
13,950
15,700
17,450
18,850
20,250
21,650
23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
[prior table deleted, current table follows]
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Page 20 of 31
ONE
BEDROOM
UNIT
TWO
BEDROOM
UNIT
THREE
BEDROOM
UNIT
FOUR
BEDROOM
UNIT
150%
$1,961
$2.355
$2,720
$3,034
80%
$1,046
$1,256
$1,451
$1,618
60%
$785
1 $942
$1,089
$1,215
50%
$654
$785
$907
$1,012
35%
$458
$549
$635
$708
25"/0
$327
$392
$453
$506
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Page 20 of 31
LOCATION
Naples and Coastal
Collier County
Immokalee and East of
Agenda Item No. 8C
July 22. 2008
Page 115 of 125
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
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Page 21 of 31
Agenda Item No. 8C
July 22, 2008
Page 110" of 125
APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE- WORKFORCE HOUSING UNIT
Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit:_
Your Name: Race/National Origin: Handicap: Yes _ No _
Co -Tenant Name Race/National Origin: Handicap: Yes _ No _
Present Address:
Street City State Zip Telephone No.
Name of Landlord How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
Street City
State Zip
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title_
Gross Salary: Hourly $ Weekly $
Every 2 Weeks $
Social Security Number
Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Job Title_
CO- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
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Page 22 of 31
Telephone No.
Monthly $
Agenda Item No. 8C
July 22. 2008
Page 117 of 125
Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE
2.
1.
3.
SOCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
1. Name: Address: How Long Known:
2. Name: Address: How Long Known:
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Page 23 of 31
Agenda Item No. 8C
July 22 2008
Page 118 of 125
APPENDIX B. EXHIBIT B
AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's
Co- Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at _
I hereby declare and reveal all of my sources of income.
Zip Telephone No.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable, workforce, or gap 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
$
$
$
$
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Page 24 of 31
Agenda Item No. 8C
July 22, 2008
Page 119 of 125
Union Pension $ $ $ $
Self- Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT.
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Page 25 of 31
Agenda Item No. BC
July 22. 2008
Page 120 of 125
APPENDIX B, EXHIBIT C
AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer.
Street
I,
(Applicant)
on this certification form.
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
Job Title:
City State Zip
hereby authorize the release of information requested
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
Witness my hand and official seal this
(notary seal)
My Commission Expires:
underlined text is added, suon text is deleted
Page 26 of 31
Signature of Applicant
day of
M.
Notary Public
F
Agenda Item No. 8C
July 22, 2008
Page 121 of 125
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $.
Number of Hours Worked (Weekly): . Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
Er
Witness my hand and official seal this day of 2008.
(notary sea])
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE - WORKFORCE UNIT.
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Page 27 of 31
Agenaa Item No 8C
July 22, 2008
Paoe 122 of 125
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Housing and Human Services Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; RPUD -9.92
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes No
If yes, state date of application 12 -2 -04 and if the request has been approved, state the
Ordinance number 05--Q.
3. Gross density of the proposed development. 10.89 units /acre
Gross acreage of the proposed development. 9.92 acres
4. Are affordable- workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Cirrus Pointe RPUD, located and at the northeast corner of the intersection between Thomasson
Drive and Bayshore Drive.
5. Name of applicant James J. Fields
Name of land developer if not the same as Applicant: N/A
6. Please complete the following tables as they apply to the proposed development.
underlined text is added, text is deleted
Page 28 of 31
Agenda Item No. 8C
July 22, 2008
Page 123 of 125
TABLE I Total Number of Units in Development
Type of
Owner
Unit Rental
Occupied
Efficiency
0
One Bedroom
0
Two Bedroom
0
Three Bedroom
108
Other Bedroom
0
TOTAL
108
TABLE II
Number of Affordable- Workforce
Housing Units
[prior table deleted,
current table follows]
Total Number of
Proposed Use for
Affordable -Work-
Density Bonus Units
force Units
in Development
Owner
Owner
Rental Occupied
Rental Occupied
GAP INCOME
81 -150% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
0 accordance with LDC Section 2.06.03.D. — All
owner occupied
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Page 29 of 31
WORKFORCE INCOME
61 -80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 44 In accordance with LDC Section 2.06.03.D. — All
owner occupied
44 44
Agenda Item No. 8C
July 22, 2008
Page 124 of 125
LOW INCOME
51 -60% MI
Efficiency _
1 Bedroom _
2 Bedroom _
3 Bedroom _
Other
TOTAL 0 _
VERY LOW INCOME
50% OR LESS MI
Efficiency _
I Bedroom _
2 Bedroom _
3 Bedroom _
Other
TOTAL 0 _
underlined text is added, g : text is deleted
Page 30 of 31
0
Agenda Item No. 8C
July 22, 2008
Page 125 of 125
7. Please provide a physical description of the affordable- workforce units by type of unit (faedefate,
4PA- very low income, low income, workforce income, gap income) and by number of bedrooms.
Include in your description, for example, the square footage of each type of unit, floor coverings
used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided
such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust
fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed.
CIRRUS POINTE PUD
PHYSICAL DESCRIPTION OF AFPQRDABLE WORKFORCE HOUSING UNITS
There will be a minimum of 32 Affordable 44 Workforce Housing Units in the Cirrus Pointe
PUD. These A€ferdab}e Workforce Housing Units will be comprised of 4-9 44 three- bedroom
lneeme) Units.
All Af€erdable Workforce Housing Units will be sold to owners as owner- occupied multi- family
units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove,
washer /dryer, basic lighting /ceiling fan package, and bathrooms will have ceiling exhaust fans.
The three - bedroom units will have a minimum air - conditioned area of 1526 square feet. Garage
parking will provide 2 parking stalls for each unit and will also house storage areas for each unit.
The entire community will consist of up to 108 multi- family homes and the units that are not
designated A€ rdable Workforce Housing Units will be offered as moderately priced multi-
family homes. The community will have the following amenities open to the residents of Cirrus
Pointe: pool /cabana, fountains, sidewalks and gated security.
8. Please supply any other information which would reasonably be needed to address this request for
an affordable, workforce, and gap housing density bonus for this development. Attach additional
pages if needed.
underlined text is added, >"-•g ; text is deleted
NMLES654743 v 01 Page 31 of 31