Agenda 06/24/2008 Item #16D21
Agenda Item No. 16D21
June 24, 2008
Page 1 of 91
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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) to 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 thc 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) to increase the number of affordable units from thirty-two dwelling units to forty-four
dwelling units for the Low and 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.
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At the time the original AHDBA was approved, there was 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
Sec. 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 UP A) 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.
FISCAL IMP ACT: The proposed amendments to the Agreement are fiscally neutral as to the
County's operations and budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Amended and Restated Agreement has been approved for
legal sufficiency. It is ready for Board consideration and approval. If the Board approves the
Agreement, Ordinance 05-63 will need to be amended to change the number of affordable units
from 32 to 44. The effective date of the proposed Amended and Restated Agreement is the date
that the Board approves the Ordinance Amendment.--HFAC
,'--
STAFF RECOMMENDATION: That the Board 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
Agenda Item No. 16D21
June 24, 2008
Page 2 of 91
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
, 2008, by and between James J. Fields (the "Developer") and
of
the Collier County Board of County Commissioners (the "Commission"), collectively, the
"Parties," and reclaces the crior, oriainal Aareement dated November 15, 2005 in its
entiretv .
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"), It is the Developer's intent to construct
a maximum of 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
~ 44 ,representing W fortv (40) percent of the total number of residential Units
Page 1 of 31
4/12/06 underlined text is added, stNsI: tlUBHgh text is deleted
Agenda Item No. 16021
June 24, 2008
Page 3 of 91
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) S 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 oap 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 Aoreements. The Developer hereby agrees that he it shall
construct ~ _Ja~ afford3blo units, not to exceed 40 % of the approved
residential density as affordable-workforce housino units, which Units shall be sold in
accordance with the terms and conditions of this Agreement and as specified by the
attached Appendices A & S, Exhibits A, S, & 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 oap 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, 51:1"\:18]" tRreugA text is deleted
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Agenda Item No. 16021
June 24, 2008
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applying or interpreting this Agreement. In addition to these defined terms and lhe
applicability of LDC S 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 lhe 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) EliQibilitv and Qualification of Owner. Family income eligibility is a
three-slep process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable. workforce, and aap
housing density bonus program prior to being qualified at the appropriate level of
income (very low. low. A'laderate workforce, or aap income) in accordance wilh lhis
Section; 3) certification of eligible Owner by the Finansial .'\dFT-linistratian 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 aap units in the subject development. All applications, forms and other
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Agenda Item No. 16021
June 24, 2008
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documentation required by this Agreement shall be provided to fimlFlsial.'\dministrntian
aflG.-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 SS 2.06.05 and
2.06.06, respectively.
The Developer and Commission acknowledQe and aQree that once the
developer has delivered all affordable, workforce, and Qap units contemplated under
this AQreement to approved purchasers, the Developer shall no lonaer be reauired to
provide proaress and monitorina reports, and shall no lonaer be liable for enforcement
action under this Aareement.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a law, 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 ~ffordable:
workforce housing )dnit shall be provided !rl to Collier County financiLlI .^.dministralion
aflG.-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
)dnit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC S 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 ~pplicant
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, strwel: tlmmgA. text is deleted
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Agenda Item No. 16021
June 24, 2008
Page 6 of 91
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 FiAaAsial .'\dmiAiEltFatisA aREI 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 Finanoial
Administratisn aAd 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 9 2.06.00, may be conducted
by the Finanoial AemiAistratisA aAEI Housing and Human Services Department upon
reasonable notice.
(4) Annual Proaress and Monitorina Report. The Developer shall provide the
FinMsial Administration 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
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Agenda Item No. 16021
June 24.2008
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and monitoring report shall, at a minimum, provide any information reasonably required
to insure compliance with LDC 9 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 and Human
Services Department. Failure to complete and submit the monitoring report to the
Financial/\dmiRistration ana 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) Occupancv 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. Densitv 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 -L units per acre, and is therefore granted a density
bonus of 7.89 density bonus units per acre, for a total density (total'" density bonus
units per acre X gross acreage) of ~ 10.89 units/ac, pursuant to LDC 9 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 AQreement. During the term of this Agreement, the
Commission acting through the Fin~lncial /\dministration ana 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 oap
Unit.
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Agenda Item No. 16D21
June 24, 2008
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5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC 9
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
Financial J\amiRistratieR ana Housing and Human Services Department or by any other
persons pursuant to the authority which is delegated to them by LDC 9 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 Proceedinas.
Whenever it is determined that there is a violation of this Agreement or of LDC 9
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 9
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 9 2.06.00, as amended.
6. Assianment bv 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, stmel. thraU:ga text is deleted
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Agenda Item No. 16021
June 24, 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. Severabilitv. 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 FinaRsial AcJministration and
Housing and Human Services Department
289g North Horseshoe Drive Suite 11 g
3301 East Tamiami Trail, Buildino H, Suite 211
Naples, Florida 341112G4
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 Financial J'.cJminis:tmtion and Housing and Human Services Department or its
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Agenda Item No. 16021
June 24, 2008
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designee, shall have the authority to monitor and enforce the Developer's obligations
hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recordinq. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aqreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable. workforce. or qaD housing unit shall be
restricted to remain and be maintained as the required affordable, workforce, and qaD
housing as provided in the LDC 92,06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties,
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Agenda Item No. 16021
June 24, 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 Qap 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 aap 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. 16021
June 24, 2008
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17. Phasina. 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 3Q 40 percent affordable-workforce housing units for
this project, with 3Q 4Q 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. Consistencv. 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 Housina Densitv Bonus Develooment Aareement.
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. Governina 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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Agenda Item No. 16021
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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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Deputy Clerk
By: Tom Henning, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant County Attorney
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Agenda Item No. 16D21
June 24, 2008
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DEVELOPER:
Witnesses:
- /' \ l' -=-
w~ess 'l{
Printed Name
/fAJrv i4s (!- if 11'\) c;"
:b'.l)~~
James J. Fields, Manager
STATE OF FLORIDA )
COUNTY OF COLLIER )
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. UC Manaaer who is personally known to me or has produced
~])(1wA UrefG,{J.... as identification. .-JVt
WITNESS my hand and official seal this J..:t..- day of '1" ~ 0
2008.
My Commission Expires:
Notary Public
Rill V rn$C- HI
(,
CD _r- 1111
-.-._"-
-~ . .........
r . ..._
...
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Agenda Item No. 16021
June 24.2008
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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 I, at Page 27-A, of the Public Records of
Collier County, Florida.
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Agenda Item No. 16021
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APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE-WORKFORCE
HOUSING UNITSIMONTHL Y BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
WORKFORCE INCOME
(61-80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
LOW INCOME
(51 %-60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
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o
o
o
44
o
_44
H
- -
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Agenda Item No. 16021
June 24, 2008
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4 Bedroom
TOTAL 0 U
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom H
4 Bedroom
TOTAL 0 _H -
(1) Base residential density allowed in this development -L 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. 2L units.
(4) Gross residential density of this development (including affordable-workforce housing
density bonus units) 10.89 units/acre.
(5) Percentage of affordable-workforce housing units pledged by the developer (as a
percent of the total number units in the development) ~ 40 %.
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Agenda Item No. 16021
June 24, 2008
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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, _eer sf BeEireems per affereallle heasiBg lffiit,
type ef aff.erdallle heasiag lHlits (ewRor eeellfliee Sf reatal, siagle family er !ffiIIti fWliily) and
percentage of affordable, workforce, and gap housing units in the development. To use the
affordable-workforce housing density bonus rating system, Tables A aad-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 (meeeFllte, low, er-very low, ffiw,workforce. or
m) of the affordable-workforce housing unites) proposed in the development, ami the !J'lle af
affereallle helisiag lffiits (swaer eeellflieel ar remal, siagle family er !ffiIIti family, where
applieable) te Be pfayieeel, as shown in Table A. Theil, refomag !\gaia ts Table f., sheese the
aarnller af Be8rSaIRS prolleseel filr the afforeallle helisillg \IIlit(s). f.J:1. affereallle hsusiag eleasity
Beaas Flltillg Basee sa the hSlisehelel iaGslRe levelllJlel the llliffiI3er ef BeElreSIRS is sflswa ia Table
~
;\.fter the affefl:lallle heasiag eelUltty Baa1iS rating has Beea aeterffiiftee la TallIe f., ISGate it
iB Tallie B, Ilfld deteFlRille the pereeat af that type af afferdallle heusiag liBit prsposea ia the
de','elepment eOlRflaFeel tt the total aWBBor af el'.velliag ooits ia the ele'.'elepmeftt. Frem this
aeteFlRiftatlaa, Tallie B will illdieate the IREmimiIR8lHR muaBer ef residemial elv,'elling lmits per
grass aere that IRa)' Be addeel ta the Base eeasity. 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 mav be added to the base
density. These additional residential dwelling units per gross acre are the maximum affordable=
workforce housing density bonus (A WHDB) available to that development. Developments with
percentages of affordable-workforce housing units which fall in between the percentages shown on
Table g A shall receive an affordable-workforce housing density bonus equal the lower of the two
percentages it lies between plus 1/1 Oth 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 (A WHDB) of 4.4 residential dwelling
units per gross acre for the development.
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Page 17 of 31
Agenda Item No. 16021
June 24, 2008
Page 19 of 91
Where mere than efle type sf afferflaBle aSllSiag lIHit (based Ofl level sf ifloeme 8fld
flWIleer of BeElrsSmG saewn ifl TaiJle .'\) is flropesed for a aevelepmeflt, tRe afforfla13le hSHsiflg
deflgity eeflHS for eaeh type shaH ee ealmilateEl separately ifl TaBle B. ,'\fter the afferdaiJle aousiflg
deflsity BOflHs oaleHlatieAs f-er eaea t?'pe sf affordaBle aSHGiflg Hflit have Beefl eompleted ifl TaiJle
B the afferdaiJIs aSHGiflg aeAsity BOflHS fer eaeh type sf HfIit sRall Be adaea to those for the otRer
type (g) to E1eteflRifle the ffillldmll1ll. atIorEiaiJle aSHgifl!; fleflBity eeflHB a','ailaBle for the
aevelepmeat 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. 16021
June 24, 2008
Page 20 of 91
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 Inrior table deleted. current table followsl
MAXIMUM ALLOW ABLE 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* ** I 2 3 4 5 6 6 6 6 nla
(GaD)
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 3t
Agenda Item No. 16021
June 24, 2008
Page 21 of 91
APPENDIX A. EXIllBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME,
Pursuant Chapter 74, Section 74-402 (a)(l); 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 IDrior table deleted. current table follows]
! ~ J 4 ~ 2 1 ~
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 (LlHTC) 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
r Drior table deleted. current table follows 1
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
150% $1,961 $2.355 $2,720 $3,034
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
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Page 20 of 31
Agenda Item No. 16021
June 24, 2008
Page 22 of 91
UTILITY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Imrnokalee 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.
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Page 21 of 31
Agenda Item No. 16021
June 24, 2008
Page 23 of 91
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSIl'IG UNIT
Date Occupancy Desired:
Your Name:
Date of Application: Amt. Of Sec. Deposit:_
Race/National Origin: Handicap: Yes _ No_
Race/National Origin: Handicap: Yes _ No_
Co-Tenant Name
Present Address:
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No,
Street
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 $
Social Security Number Birth Date
Monthly $
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
Agenda Item No. 16021
June 24, 2008
Page 24 of 91
Gross Salary: Hourly $_ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Every 2 Weeks $
Birth Date
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
t. Name:
2. Name:
Address:
Address:
How Long Known:
How Long Known:
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Page 23 of 3t
Agenda Item No. 16021
June 24, 2008
Page 25 of 91
APPENDIX B, EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Social Security Number
Social Security Number
Applicant's Name:
Co-Tenant's Name: :
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.
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.
Telephone No.
Zip
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
Amount Frequency
Received of Pay
VVages/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 3t
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Co-Occupant
Amount Frequency
Received of Pay
$ $
$-~ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$- $
$- $
Agenda Item No. 16021
June 24, 2008
Page 26 of 91
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. 16021
June 24, 2008
Page 27 of 91
APPENDIX B. EXHIBIT C
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2008.
(notary seal)
Notary Public
My Commission Expires:
underlined text is added, 5tn1S\; ttrsl::Ign text is deleted
Page 26 of 31
Agenda Item No. 16021
June 24, 2008
Page 28 of 91
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (WeekIy):_, Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Annually
Monthly
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2008.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE-WORKFORCE UNfT.
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Page 27 of 31
Agenda Item No. 16021
June 24,2008
Page 29 of 91
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE.
HOUSING DENSITY BONUS
Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanymg
documentation to the Community Development & Envirorunental 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.
I. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
RPUD-9.92
2. Has an application for rezoning been requested in conjunction with the affordable. workforce
and gap housing Density bonus?
x
Yes
----.lli>
If yes, state date of application 12-2-04
and if the request has been approved, state the
Ordinance number 05-63.
3. Gross density of the proposed development. 10.89 units/acre
Gross acreage of the proposed development. 9.92 acres
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? --L Yes ~.
If yes, please state name and location of the PUD and any other identifYing inforrration,
Cirrus Pointe RPUD, located llHi! at the northeast corner of the intersection between Thomasson
Drive and Bavshore Drive.
5. Name of applicant James J. Fields
Name ofland developer if not the same as Applicant:
N/A
6. Please complete the following tables as they apply to the proposed development.
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Page 28 of 3t
Agenda Item No. 16021
June 24, 2008
Page 30 of 91
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
r prior table deleted. current table follows 1
Total Number of Proposed Use for
Affordable-Work- Density Bonus Units
force Units
in Development
Owner
Rental Occupied
Owner
Rental Occupied
GAP INCOME
81-150% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
o
owner occupied
In accordance with LDC Section 2.06.03.D. - All
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Page 29 of 31
Agenda Item No. 16021
June 24, 2008
Page 31 of 91
WORKFORCE INCOME
61-80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
44
--1L
Other
TOTAL
44
In accordance with LDC Section 2.06.03 .D. All
occupied
owner
LOW INCOME
51-60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
-.JL
-.JL
VERY LOW INCOME
50% OR LESS MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
-.JL
-.JL
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Page 30 of 31
Agenda Item No. 16D21
June 24, 2008
Page 32 of 91
7. Please provide a physical description of the affordable-workforce units by type of unit (meaerElte,
Jew; 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 attaeliea)
.^,PPB~lDIX D
CIRRUS POINTE PUD
PHYSICAL DESCRIPTION OF AffORDABLE WORKFORCE HOUSING UNITS
There will be a minimum of 32 f.ffllraaille 44 Workforce Housing Units in the Cirrus Pointe
PUD. These i\fferdaille Workforce Housing Units will be comprised of .w 44 three-bedroom
(Very Lew 1fl6eme (SO% efMeaian 1fl611flle) lHla 22 tMee beareefll Lew IReeflle (69% efMeaiaR
IR6eme) Units.
All i\fferdallle 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 f,ffllrdaBle 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, !Jtf1::l.el: thr9\l.gk text is deleted
NAPLES/S5<4742 v.Ol
Page 3t of 31
~'llI293037
101, "
",'li'" " "
rv .. ~ ~
!! /"l"'\~) ~
N \.. ,,\l' ~\~\\ '"
\ \\.~" '-" i
~~ ~
~,s, 1....
'q9LSL17\~\
Agenda Item No. 16021
June 24, 2008
Page 33 of 91
ORDINANCE NO. 05 -~
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 TIlE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE RMF-6 ZONING DISTRICT WITIl
BMUD-R2 OVERLAY TO THE RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH
BMUD-R2 OVERLAY FOR A PROJECT TO BE KNOWN AS
THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI-
FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS;
AND, CONSIDERATION AND APPROVAL OF AN
AFFORDABLE HOUSING DENSITY BONUS AGREEMENf
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 BA YSHORE DRIVE AND
THOMASSON DRIVE, IN SECTION 14, TOWNSHIP so
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE
representing James Fields, petitioned the Board of County Commissioners, in Petition Number
WHEREAS, William L. Hoover, Alep, of Hoover Planning & Development, Inc.,
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:
SECfION ONE:
Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF-6 Zoning
The zoning classification of the herein described real property located in Section 14,
District with BMUD-R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning
District with BMUD-R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow
for a multi-family project of up to 108 residential units; and, consideration and approval of an
affordable housing density bonus agreement authorizing the developer to utilize affordable
housing bonus density units (in the amount of78 units at 7.89 bonus density units per acre) in the
development of this project for low-income residents that will include a maximum of 32 units
designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document,
attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas
map or maps as described in Ordinance Number 2004-41, as amended. the Collier County Land
Development Code, is/are hereby amended accordingly.
Page 1 of2
Agenda Item No. 16021
June 24, 2008
Page 34 of 91
SECfION 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
c/ -
County, Florida, this -2- day of ~005.
A TrEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHAI AN
Approved as to Form
and Legal Sufficiency:
7Ql(h'l~.lL.. Oh /Ji:udcw.6 -/lh~.hl<J
Marjorie . Student-Stirling
Assistant County Attorney
PUDZ.2004-AR-6906IKD/sp
"""""-
Page 2 of2
Agenda Item No. 16021
June 24, 2008
Page 35 of 91
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, A1CP
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 I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
ii
Agenda Item No. 16D21
June 24, 2008
Page 36 of 91
PAGE
ii
iii
1
3
5
9
13
14
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
TABLE I
LIST OF EXHIBITS AND TABLES
PUD MASTER PLAN
PUD WATER MANAGEMENT/UTILITY PLAN
LOCATION MAP
DEVELOPMENT STANDARDS
iii
Agenda Item No. 16021
June 24, 2008
Page 37 of 91
Agenda Item No. 16021
June 24, 2008
Page 38 of 91
STATEMENT OF COMPLIANCE
The development of approximately 9.92:t acres of property in Collier County, as a
"'Ianned 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:
1.
The subject property's location in relation to existing or proposed community
facilities and se/Vices 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.
"
,).
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 Housina Proiect Within the Urban Coastal Frinae Subdistrict
Base Density 4 dwelling units/acre
Traffic Congestion Area - 1 dwelling units/acre
Affordable Housing Density Bonus +8 dwellina 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. 16021
June 24, 2008
Page 39 of 91
7. All tinallocal development orders tor 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.
2
Agenda Item No. 16021
June 24,2008
Page 40 of 91
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the Cirrus Pointe Residential PUD.
12 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.
:.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 eastem 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
J
Agenda Item No. 16021
June 24, 2008
Page 41 of91
NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is
base flood elevation 8.0 feet NGVD.
The water management system for the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake/natural
vegetation areas prior to discharge into the drainage easement along the eastern
property boundary.
The water management system will be permitted by Collier County per South
Florida Water Management District (SFWMD) rules, All rules and regulations of
SFWMD will be imposed upon this project including but not limited to: storm
attenuation, minimum roadway centerline, perimeter berm and finished floor
elevations, water quality pre-treatment, and wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #7 - Immokalee Fine Sand.
The site vegetation consists primarily of slash pine with scattered cabbage palm.
saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the
mid-story. The site was partially infested with Melaleuca trees but the exotic
species were recently removed.
1.6 PROJECT DESCRIPTION
The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential
units, These units are intended for development as a multi-family project.
Recreational facilities, including a swimming pool and cabana, will be provided in
conjunction with the dwelling units. Residential land uses, recreational uses, and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible,
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Cirrus Pointe Residential
Planned Unit Development Ordinance".
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Agenda Item No. 16021
June 24, 2008
Page 42 of 91
SECTION"
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Cirrus Pointe RPUD shall be in
accordance with the contents of this Document, PUD - Planned Unit
Development District, Bayshore Drive Mixed Use Overlay District, and
other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of
issuance of any development order to which said regulations relate which
authorizes the construction of improvements, such as but not limited to
final subdivision plat, final site development plan, excavation permit and
early work authorization. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in
the Land Development Code shall apply. The project will comply with all
applicable overlay requirements of the BMUD-R2 Overlay District.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Cirrus Pointe RPUD shall become
part of the regulations, which govern the manner in which the RPUD site
may be developed.
D. Unless modified, waived, or excepted by this RPUD, the remaining
provisions of the Land Development Code, where applicable, remain in
full force and effect with respect to the development of the land which
comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 6.02.00 and Section
10.02.07, Adequate Public Facilities Requirements of the Collier County
Land Development Code.
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Agenda Item No. 16021
June 24, 2008
Page 43 of 91
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, intenniltent
wet and dry depressions for water retention purposes. Such areas, lakes
and intenniltent 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 pennilted 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
PRESERVE AREA
LAKES
DRAINAGE EASEMENT
RIGHT-OF-WAY EASEMENT
DEVELOPMENT AREA
TOTAL SITE AREA
ACREAGE
1.81 Acres
0.4 1 Acres
0.38 Acres
0.21 Acres
7.11 Acres
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).
6
Agenda Item No. 16021
June 24, 2008
Page 44 of 91
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 ManagemenVUtility 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
ManagemenVUtility 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.
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Agenda Item No. 16021
June 24, 2008
Page 45 of 91
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.
8
Agenda Item No. 16021
June 24, 2008
Page 46 of 91
SECTION 11/
RESIDENTiAl AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
residential areas as shown on Exhibit "A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units/per acre. Any project with a density of more than 3.0
dwelling units/per acre shall be developed in accordance with an approved
Affordable Housing Density Bonus Agreement (AHDB).
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Multi-family dwellings.
B. Permitted Accessorv 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.
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Agenda Item No. 16021
June 24,2008
Page 47 of 91
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Cirrus Pointe RPUD.
10
Agenda Item No. 16021
June 24, 2008
Page 48 of 91
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (oer unit)
Minimum Lot Width
MULTI-FAMILY
NA
NA
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 Boundarv Setback (1)
l-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
l-S10ry
2-Story
3-Story
Accessory Structures
Maximum Heiah!:
Principal Building
Accessory Building
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
Garage/Storage Area
1526 Sq. Ft.
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.
11
Aaenda Item No. 16021
- June 24,2008
Page 49 of 91
B. Off-Street Parkina and Loadina Reauirements:
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 Reauirements:
1. A minimum of sixty (60) percent open space, as described in
Subsection 4.07.02G.2. of the Land Development Code, shall be
provided on-site for any residential project.
2. A minimum of 1.81 acres of preserve areas are required to be
provided on-site, emphasizing the largest contiguous area possible,
as described in Section 3.05.07 of the Land Development Code.
The owner/developer has agreed to provide a total of 2.21 acres of
preserve areas. These shall consist of 1.43 acres of retained
existing native vegetation areas and 0.78 acres of newly created
and replanted native vegetation areas, as shown on the RPUD
Master Plan.
D. Landscapina and Bufferina Reauirements:
1. If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. Landscaping and buffering shall be provided per Section 4.06,00 of
the Collier County Land Development Code.
E. Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include: a similar architectural design and
use of similar materials and colors throughout all of the buildings, signs,
and fences/walls to be erected on all of the subject parcels. Landscaping
and streetscape materials shall also be similar in design throughout the
subject site. All roofs, except for carports, shall be peaked and finished in
tile, metal, or architecturally-designed shingles (such as Timberline).
F. Sians
Signs shall be permitted as described within Section 5.06.00 of the Collier
County Land Development Code.
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Agenda Item No. 16021
June 24, 2008
Page 50 of 91
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A Permitted Princioal Uses and Structures:
1. Passive recreational areas.
2. Hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
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Agenda Item No. 16021
June 24, 2008
Page 51 of 91
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project. The developer, his successor and
assigns, shall be responsible for the commitments outlined in this Document.
The developer, his successor or assignee, shall follow the RPUD Master Plan
and the regulations of this RPUD, as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Document.
5.3 RPUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, tract, lot or land use boundaries
or special land use boundaries shall not be construed to be final and may
be varied at any subsequent approval phase such as final platting or site
development plan approval. Subject to the provisions of Subsection
10.02.13E. of the Collier County Land Development Code, amendments
may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A site development plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected for development in one or
two phases and construction is anticipated to commen'ce as soon as all
development permits and financing are in place.
14
Agenda Item No. 16021
June 24,2008
Page 52 of 91
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 10.02.130. of the Land Development Code.
B. Monitorina Reoort: 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
storrnwater 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. 16021
June 24,2008
Page 53 of 91
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 Unifonn 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. 16021
June 24, 2008
Page 54 of 91
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.
I. 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.
J. If any required tum lane improvement requires the use of existing County
rights-of-way or easements, compensating right-of-way shall be provided
without cost to Collier County as a consequence of such improvement.
K. If in the sole opinion of the Collier County Transportation Division, a traffic
signal, or other traffic control device, sign or pavement marking
improvement within a public right-of-way or easement is determined to be
necessary, the cost of such improvement shall be borne by the developer
17
Agenda Item No. 16021
June 24, 2008
Page 55 of 91
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 Penn it 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
conservationLpreservation areas shall be designated as preserves on all
construction plans and, if the project is platted, shall be recorded on the
18
Agenda Item No. 16021
June 24, 2008
Page 56 of 91
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes, Preserve areas shall be dedicated on the plat to the
project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier county with no responsibility for
maintenance. Buffers and setbacks shall be provided in accordance with
Section 3.05.07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation easements dedicated to project's
homeowners association or like entity for ownership and maintenance
responsibility and to Collier County with no responsibility for maintenance.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Environmental
Services Staff.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Environmental Services Staff for review and
approval prior to final site development plan/construction plan approval.
This plan shall include the methodology and a time schedule for removal
of exotic vegetation within the conservation/preservation areas.
E. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval
identifying methods to address treatment of invasive exotic species, fire
management, and maintenance.
F. All agency permits shall be submitted prior to final plat/construction plan
approval or site development plan approval.
G. This RPUD shall comply with the environmental sections of the Collier
County Land Development Code and appropriate environmental sections
of the Growth Management Plan in effect at the time of final development
order approval.
H. This RPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A habitat management plan for those
species shall be submitted to Environmental Services Staff for review and
approval prior to site development plan approval.
19
Agenda Item No. 16021
June 24, 2008
Page 57 of 91
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. 16021
June 24, 2008
Page 58 of 91
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Agenda Item No. 16D21
June 24. 2008
Page 59 of 91
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Agenda Item No. 16D21
June 24. 2008
Page 60 of 91
Prepared by:
Patrick G. White
Ass't. Collier County Att'y.
3301 Tamlami Trial Ea.t
"'apl.., FL 34112
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
, 2005, by and
(the
(the
between
James J. Fields
"Developer") and the Collier County Board of County Commissioners
"Commission"), collectively, the "Parties."
RECITALS:
A The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developers intent to construct
a maximum of
108
residential units (the "Units") at a
density of
Property is
10.89 units per gross acre on the Property. The gross acreage of
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
R~\' 9/3/2003
Page 1 of 30
RECEIVED
JUL 2 5 2005
PL\NNING SEi\VIC2S et.,l\mENl
Agenda Item No. 16021
June 24. 2008
Page 61 of 91
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) S 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 Aareements. 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 LOC will control when
applying or interpreting this Agreement In addition to these defined terms and the
applicability of LDC S 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. 16021
June 24. 2008
Page 62 of 91
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) Eliaibilitv 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 99 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. 16021
June 24. 2008
Page 63 of 91
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 92.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (inciuding 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
Agenda Item No. 16021
June 24. 2008
Page 64 of 91
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 Proaress and Monitorina 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) Occupancv 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. 16021
June 24. 2008
Page 65 of 91
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 Aareement. 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 Proceedinas.
Whenever it is determined that there is a violation of this Agreement or of LDC 9
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
Agenda Item No. 16021
June 24. 2008
Page 66 of 91
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancv. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC S 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 S 2.06.00, as amended.
6. Assignment bv Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv. 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. 16021
June 24. 2008
Page 67 of 91
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. Authoritv 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. 16021
June 24. 2008
Page 68 of 91
12. Recordina. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aareement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable 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. 16021
June 24.2008
Page 69 of 91
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. Phasinq. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to
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. Consistencv. 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 Housino Density Bonus Development Aoreement. 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 100130
Agenda Item No. 16021
June 24, 2008
Page 70 of 91
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. Governina Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Deputy Clerk
By: FRED W. COYLE. CHAIRMAN
----...
Approved a t form and legal sufficiency:
~.'. .
, i ...
", I
Patrick G. W ite
Assistant County Attorney
Page 11 0130
Agenda Item No. 16021
June 24. 2008
Page 71 of 91
DEVELOPER:
Witnesses:
1~ Y.~}7~_
By:
. \ .AoMF- S ~, F~=., 'Os
SEi~C=rl1 ,( 5n~'f<t
Witness ~C;l
Printed Name , ,,::;f
B
.~
Witness
Printed Name /c/,,!,t.,,,,;;.. L. ~"V~y
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property
_:A/l.\fS 1 roEL DS
ClIll'l.~\'> {>bltV""iE F\.ii)
as
was acknowledged before me by
cu~1 tJtV(UPFrZ. of
who is personally
known to me or has produced
as identification.
WITNESS my hand and official seal this?' sr day of "1 L\.L Y
2005.
..."
..... ...
--......
~ ....._,111 V
: CJfl: .......~".,....-.
,................
1. i::;L~
otary ~blic
My Commission Expires:
3 \ " \ '2.Ct)v
Page 12 of 30
Agenda Item No. 16021
June 24, 2008
Page 72 of 91
EXHIBIT A
LEGAL DESCRIPTION
The subject property being 9.92:t 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 I, at Page 27-A, of
the Public Records of Collier County, Florida."
Page 13 of 30
---_..~----_......_,._^~.'_._-----
Agenda Item No. 16021
June 24. 2008
Page 73 of 91
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHL Y BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME
(60% MI)
Efficiency
o
1 Bedroom
o
2 Bedroom
o
3 Bedroom
21
4 Bedroom
o
TOTAL
o
21
VERY LOW INCOME
(50% MI)
Efficiency
o
I Bedroom
o
2 Bedroom
o
3 Bedroom
11
4 Bedroom
o
TOTAL
o
II
VERY-VERY LOW INCOME
(25%-50% MI)
Efficiency 0
1 Bedroom 0
2 Bedroom 0
3 Bedroom 0
Page 14 of 30
Agenda Item No. 16021
June 24. 2008
Page 74 of 91
4 Bedroom
o
TOTAL
o
o
(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 LDe 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. 16021
June 24. 2008
Page 75 of 91
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC S 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C
contains the current median income and acceptable rents for low and very low income households
in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unites) proposed in the development, and the type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unites). An affordable housing density bonus rating based on the household
income level and the nvmber 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 111 Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B. the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to 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
Agenda Item No. 16021
June 24. 2008
Page 76 of 91
units per gross acre.
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMSIUNIT
EFFICIENCY
AND 1
2
30R
MORE
80% MI= MODERATE (OWNER-OCCUPIED,
SINGLE-F AMIL Y)
60% MI= LOW (OWNER-OCCUPIED OR RENTAL 2
SINGLE-FAMILY OR MULTI-
F AMIL Y)
o
I"
I"
3
4
50%MI= VERY LOW (OWNER OCCUPIED OR
RENTAL. SINGLE-F AMIL Y OR
MUL TI-F AMIL Y) 3
4
5
"For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL A V AILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
I 0 0 I 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Page 17 of 30
Agenda Item No. 16021
June 24. 2008
Page 77 of 91
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(I); CoIlier 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 F AMIL Y
1 ~ J ! ~ ! 7 ~
80% 39,100 44,650 50250 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 32235
25% 12,225 13,950 15,700 17,450 18,850 20250 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 200 I data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% F AMIL Y INCOME
ONE TWO THREE FOUR
! BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
,
80% $1. 046 $1.256 $1,451 1$1.618
i 60% $785 $942 1$1,089 I $1,215
, 50% $654 1$785 $907 $1.012
"'50/0 $458 T $549 $635 1$708
'50/0 $327 1$392 $453 1$506
Page 18 of 30
Agenda Item No. 16021
June 24, 2008
Page 78 of 91
UTILITY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128,00 156.00
Immokalee and East of
Everglades Blvd. 67,00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 19 of 30
Agenda Item No. 16021
June 24.2008
Page 79 of 91
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICA nON FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application: Am!. Of Sec. Deposit:_
RaceINational Origin: Handicap: Yes _ No_
RaceINational Origin: Handicap: Yes _ No_
Co- Tenant Name
Present Address:
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street
City
State
Zip
Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
City
State
Zip Telephone No.
;\lame 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
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
CO-TENANT:
Birth Date
Job Title
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
Page 20 of 30
Agenda Item No. 16021
June 24. 2008
Page 80 of 91
Gross Salary: Hourly $_ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Every 2 Weeks $
Birth Date
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE ~ ~ SOCIAL SECURITY
L
2.
3.
PERSONAL REFERENCES (Not Relatives)
I. Name:
2. Name:
Address:
Address:
How Long Known:
How Long Known:
Page 21 of 30
Agenda Item No. 16021
June 24. 2008
Page 81 of 91
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co. Tenant's Name: :
Telephone No.
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.
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.
Zip
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
Amount Frequency
Received of Pay
Wages/Salary
Bonuses
Tips
Commissions
Interest Income
Trust Fund Income
Unemployment
Workman's Compensation
Welfare
Food Stamps
Social Security
Social Security Disability
Supplemental SSI
Family Assistance
Child Support
Veterans Benefits
Widows Benefits
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Page 22 of 30
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Co-Occupant
Amount Frequency
Received of Pay
$
$
$
$
$
$
$
$
$
:5
:5
:5
:5
S
S
:5
:5
$
$
$
$
$
:5
$
$
:5
$
$
:5
:5
$
:5
S
$
Agenda Item No. 16021
June 24. 2008
Page 82 of 91
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. 16021
June 24. 2008
Page 83 of 91
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I.
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
.2005.
(notary seal)
Notary Public
My Commission Expires:
Page 24 of 30
Agenda Item No. 16021
June 24. 2008
Page 84 of 91
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: $
$
Annually
Monthly
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this __ day of
,2005.
(notary seal)
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.
Notary Public
Page 25 of 30
Agenda Item No. 16021
June 24. 2008
Page 85 of 91
APPENDIX C
DEVELOPER APPLICA nON FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC S 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 Financial
Administration and Housing Department.
All items requested must be provided.
I. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
PUD-9.92
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
X Yes
No
If yes, state date of application
12-2-04
. and if the request has been
approved, state the Ordinance number
3.
Gross density of the proposed development. 10.89
units/acre.
Gross acreage of the proposed development.
9.92
acres.
4. Are affordable housing density bonus Wlits sought in conjunction with an application for a
planned Wlit development CPUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information. Cirrus
Pointe PUD, located and the northeast comer of the intersection between Thomasson Drive and
Bavshore Drive.
5.
Name of applicant
James J. Fields
Name of land developer if not the same as Applicant: _ N/ A
6. Please complete the following tables as they apply to the proposed development.
Page 26 of 30
TABLE I
Total Number of Units in Develooment
Type of Owner
Unit Rental Occuoied
Efficiency 0
One Bedroom 0
Two Bedroom 0
Three Bedroom 108
Other Bedroom 0
TOTAL 108
TABLE II Number of Affordable Housinsz Units
Total Number of Proposed Use for
Affordable Units Density Bonus Units
in Development
Owner Owner
Rental Occuoied Rental Occuoied
MODERATE INCOME
80% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 0 0 0 0
Page 27 of 30
Agenda Item No. 16021
June 24, 2008
Page 86 of 91
Agenda Item No. 16021
June 24. 2008
Page 87 of 91
LOW rNCOME
60% MI
Efficiency 0 _0_
I Bedroom 0 0
2 Bedroom 0 0
3 Bedroom 22 22
Other 0 0
TOTAL 22 22
VERY LOW Il'iCOME
50%MI
Efficiency 0 0
I 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,
vel)' low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments: appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities. such as ceiling exhaust fans; and any other amenities as applicable. Attach
Page 28 of 30
Agenda Item No. 16021
June 24.2008
Page 88 of 91
additional pages as Exhibit "0" 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. 16021
June 24. 2008
Page 89 of 91
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. 16021
June 24. 2008
Page gO of 91
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 ap}~:.~e~? ....
Ex-officio to Bofii:d of .."'.;'
County CommisSio.n1ft1','/'J ....,i.'
rl.. ~~: :,~::~",~:.';~r .'.:~;
L.V..LU.A.. ~' . (; ': i..''-
,_. ~ .' - '-' .
By: Ann J nejo 11,.,.'>,. .
Deputy Clerk . .' .
.
.
Page 1 of 1
Agenda Item No. 16021
June 24. 2008
Page 91 of 91
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D21
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) to increase the number of affordable units from thtrty-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:
6/24/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
6/12/200812:28:10 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
6/12/20084:26 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
6/12/20084:34 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/13/2008 1 :01 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/13/20084:40 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/17/20083:02 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/18/200812:40 PM
file://C:\AgendaTest\Export\ 11 0-June%2024,%202008\16.%20CONSENT%20AGENDA\1,.. 6/18/2008