Ordinance 2006-29
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. ~ L n ~ ORDINANCE NO. 06 - 29
. i Ut1N~u 1 ORDINANCE OF THE BOARD OF COUNTY
~~ .-v:COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
, ~l ~"'/ ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
"" lOl69Lg~ COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE RURAL
AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
WITH AN AFFORDABLE HOUSING DENSITY BONUS. THE
PROJECT IS TO BE KNOWN AS THE LIBERTY LANDING RPUD,
AND IS INTENDED TO PROVIDE 162 AFFORDABLE HOUSING
UNITS IN IMMOKALEE LOCATED IN SECTION 31, TOWNSHIP
46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 26.85 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Laura Spurgeon, of Johnson Engineering, Inc., representing Habitat for Humanity of
Collier County, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 31, Township 46
South, Range 29 East, Collier County, Florida, is changed from the Rural Agricultural (A) Zoning District
to the Residential Planned Unit Development (RPUD) Zoning District with an Affordable Housing
Density Bonus for a project to be known as Liberty Landing RPUD, in accordance with the 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,
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this ~ -f4 day of J L.l n e... , 2006.
ATTEST:., " ,
DWIGHl'-E. .BROCK~. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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App~~ ~rm "and
legal sufficiency:
BY:
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FRANK HALAS, CHAIRMAN
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Marjo M. Student-Stirling J
Assistant County Attorney
This ordinonce filed with the
Xs:.retory ottre/s Office the
i:2- day 0 ~ fDDI.o
. and acknowledgement o~ that
fili~ received this ~ day
of ~'],..'~~~
puty I,k
Page 1 of I
Community Development and Environmental Services Division
LIBERTY LANDING RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LIBERTY LANDING RPUD, A
RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER
COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11145 Tamiami Trail East
Naples, FL 34113
PREPARED BY:
JOHNSON ENGINEERING, INC
2350 STANFORD COURT
NAPLES, FL 34112
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC fi/fi/nfi
ORDINANCE NUMBER 2006-29
AMENDMENTS AND REPEAL 2004-41
Exhibit "A"
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
ST A TEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREA
SECTION V DEVELOPMENT COMMITMENTS
SECTION VI DEVIATIONS
11
1-1 through 1-2
11- I through 11-2
III-I through 11I-2
IV-I through IV-I
V -I through V-4
VI-I
EXHIBIT I
EXHIBIT 2
T ABLE I
TABLE 2
LIST OF EXHIBITS AND TABLES
Location Map
RPUD Master Plan
Project Land Use Tracts
Development Standards
Page II-I
Page 1IJ-2
i
STATEMENT OF COMPLIANCE
The subject property consists of 26.85~ acres of property in Collier County, Florida, and will be developed as a
Residential Planned Unit Development (RPUD) to be known as the Liberty Landing RPUD. The property is located
within the Immokalee Planning Community. The proposed development will consist of up to 162 affordable
residential dwelling units in the form of single family, zero lot line, two-family, or duplex housing. The proposed
development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth
Management Plan (GMP) for the following reasons:
I. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use
Map, and is covered by three designations on the lmmokalee Area Master Plan (lAMP) Future Land Use Map. The
majority of the site (approximately 21.17 acres) is designated Low Residential District; the eastern edge of the site
(approximately 2.58 acres) is designated Mixed Residential; and the area bordering to the north of Lake Trafford
Elementary School (approximately 3.10 acres) is designated Neighborhood Center.
According to the lAMP, the purpose of the Low Residential District is to provide for a low density residential
district, limited to single-family structures and duplexes. A density less than or equal to four (4) dwelling units per
gross acre is permitted.
The purpose of the Mixed Residential District is to provide for a mixture of housing types within medium density
residential areas, including single-family structures, multi-family dwellings, individual mobile homes, and duplexes
on a lot by lot basis. A density less than or equal to six (6) dwelling units per gross acre is permitted.
The purpose of the Neighborhood Center District is to provide for centers of activity that serve the needs of
surrounding residents. Residential units in the form of multi-family structures and compatible single family and
duplexes are permitted at a density ofless than or equal to twelve (12) dwelling units per gross acre.
The proposed residential development is consistent with the parameters described in the lAMP for the Low
Residential District, Mixed Residential District and Neighborhood Center District, and thus satisfies Objective 11.1
of the lAMP.
2. The subject property's location in relation to existing or proposed community facilities and services permits the
development's residential density as required in Objective 2 of the Future Land Use Element (FLUE). The presence
of schools, churches, parks, clinics, emergency services, a fire department, sheriff department facilities, shelters,
water and wastewater treatment facilities within a three-mile radius of the site demonstrate that residential
development at this site will be appropriately served. The proposed road and sidewalk system for the project
provides safe and convenient movement of pedestrians, motorized, and non-motorized vehicles consistent with
Objective VI.I ofthe lAMP.
3. The project development is compatible and complementary to existing and future surrounding land uses as
required in Policy 5.4 of the FLUE through the internal arrangement of structures, the placement ofland use buffers,
and the proposed development standards contained herein. The proposed residential project will be consistent with
the existing adjoining development, including Lake Trafford Elementary School, Independence residential project to
the north, Arrowhead residential project to the south, and other surrounding residential property. The Immokalee
FLUM designates property to the north and west as Low Residential, to the east as Mixed Residential and
Neighborhood Center, and to the south as Neighborhood Center and Low Residential. The proposed development
will be consistent with all these current uses and designations for future use of surrounding properties.
4. Improvements are planned to be in compliance with applicable land development regulations as set forth in
Objective 3 of the FLUE.
5. The project development will result in an efficient and economical land use in the form of a cohesive
neighborhood unit consistent with Objective II.I of the lAMP,
6. The project development is planned to incorporate natural systems for water management in accordance with
their natural functions and capabilities as may be required by Objective 1,5 of the Drainage Sub-Element of the
Public Facilities Element. The site is designed to include open spaces and natural features, which are preserved
ii
from future development in order to enhance their natural functions and to serve as project amenities, consistent
with Goal IV of the lAMP. The project design enhances the environment and the visual appeal of Immokalee
consistent with Objective 11.2 of the lAMP. With open space occupying over 60% of the property, the project
implements FLUE Policy 5.6.
7. The projected density of 6.034 dwelling units per acre (DU/A) is in compliance with the lAMP based on the
following relationships to required criteria:
Density per 21 .17j:, acres of Low Residential
Designation on Immokalee Future Land Use Map
4 DU/ A
Density per 3.1 OJ:, acres of Neighborhood Center
Designation on Immokalee Future Land Use Map
12 DU/A
Density per 2.58j:, acres of Mixed Residential
Designation on Immokalee Future Land Use Map
6 DU/A
Affordable housing density bonus
(100% are for low income households)
+8 DU/A
Roadway access density bonus + I DU/ A
(commitment for provision of interconnection
of roads with existing or future adjacent Independence project)
Maximum Permitted density 14.1 DU/A
PROPOSED DENSITY 6.034 DU/A
162 units on 26.85j:, acres (gross acreage for residential use)
8. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of
the GMP and Goal III ofthe lAMP by creating safe, decent, sanitary, and affordable housing for residents of Collier
County, including low and moderate income persons, rural residents, and farmworkers. The proposed project
increases the number of affordable housing units to meet the housing needs of the County, which is consistent with
Objective I of the Housing Element.
9. All final local development orders for this project are subject to the Collier County Adequate Public Facilities
Ordinance in accordance with Policy 11.1.2 of the lAMP.
iii
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 Liberty Landing RPUD.
1.2 LEGAL DESCRIPTION
The subject property, being 26.85:t acres, is described as:
A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE ON THE NORTH RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD (COUNTY ROAD NO.
850) AT THE SOUTHEAST CORNER OF "INDEPENDENCE PHASE ONE", A SUBDIVISION OF PART OF
SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA AND RECORDED
IN PLAT BOOK 41, PAGE 44 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY AND RUN SOUTH
87043'20" EAST ALONG SAID NORTH RIGHT -OF- WAY LINE, A DISTANCE OF 550.08 FEET TO THE
POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2800, PAGE 315 OF SAID PUBLIC RECORDS; THENCE RUN NORTH
00034'16" WEST ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 1882.95 FEET TO AN
INTERSECTION WITH THE SOUTH LINE OF "INDEPENDENCE PHASE TWO", A SUBDIVISION
RECORDED IN PLAT BOOK 43, PAGE 64 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 85010'10"
EAST ALONG SAID SOUTH LINE AND THE EASTERLY PROJECTION OF SAID SOUTH LINE, A
DISTANCE OF 1110.45 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF THE
NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH 00055'13" EAST ALONG SAID
WEST LINE OF THE EAST 30 FEET AS DESCRIBED IN OFFICIAL RECORDS BOOK 264, PAGE 451 OF
SAID PUBLIC RECORDS, A DISTANCE OF 843.72 FEET TO AN INTERSECTION WITH THE EASTERLY
PROJECTION OF THE NORTH LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK
217, PAGE 925 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 87043'20" WEST ALONG SAID
EASTERLY PROJECTION AND ALONG SAID NORTH LINE, A DISTANCE OF 902.34 FEET TO THE
NORTHWEST CORNER OF SAID PROPERTY; THENCE RUN SOUTH 00035'50" EAST ALONG THE WEST
LINE OF SAID PROPERTY, A DISTANCE OF 990.01 FEET TO AN INTERSECTION WITH SAID NORTH
RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD (COUNTY ROAD NO. 850); THENCE RUN NORTH
87043'20" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 210.15 FEET TO THE
SAID POINT OF BEGINNING.
CONTAINING 1,169,550.39 SQUARE FEET OR 26.85 ACRES OF LAND, MORE OR LESS.
A site location map is provided as EXHIBIT I.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
I-I
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in the north half of Section 31, Township 46 South, Range 29 East in Collier
County. The project entrance is along the north side of Lake Trafford Road, just west of Lake Trafford
Elementary School, and approximately 2.25 miles west of the intersection of Lake Trafford Road and State
Road 29.
B. The zoning classification of the subject property prior to the date of this approved RPUD Document was
Rural Agricultural (A).
1.5. PHYSICAL DESCRIPTION
The project site is located within the South Florida Water Management District (SFWMD) jurisdiction. The natural
drainage of the site is in a southwesterly direction to the Lake Trafford Road drainage ditch along the project's
southern border. The ditch, in turn, discharges into Lake Trafford.
Water management for the proposed project is planned to utilize control structures to bleed down stormwater for on-
site drainage detention. Elevations within the project site range from 29 to 32 feet above mean sea level. Most of
the site, however, has an elevation within 30 to 32 feet. The entire site is in Flood Zone D according to FIRM Map
Panel Number 150G, effective November 17,2005.
The soil types on the site include Immokalee Fine Sand (approximately 85%) and Bassinger Fine Sand
(approximately 15%). Soil characteristics were derived from the USDAlNRCS Soil Survey for Collier County,
Florida.
1.6. PROJECT DESCRIPTION
The project is a residential neighborhood of 162 single-family, zero lot line, two-family, or duplex dwelling units in
close proximity to Lake Trafford Elementary School and other residential neighborhoods. The project includes
residential areas, streets, water management features, preserve areas and a recreation area. The site shall be
designed, permitted and developed with build-out anticipated in 2008.
1.7. SHORT TITLE
This Ordinance shall be known and cited as the "Liberty Landing Residential Planned Unit Development
Ordinance."
1-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development, relationships to
applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project
relationships.
2.2. GENERAL
A. Regulations for development of Liberty Landing shall be in accordance with the contents of this Document,
RPUD-Residential Planned Unit Development District and other applicable sections and parts of the
Collier County Land Development Code (LDC) and GMP in effect at the time of application for the type of
development order to which these regulations relate. Where these regulations fail to provide
developmental standards, the provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in LDC in
effect at the time of development order application to which those dt;finitions relate.
C. All conditions imposed and all graphic material presented depicting restrictions for the development of the
Liberty Landing RPUD shall become part of the regulations that govern the manner in which the RPUD
site may be developed.
D. Unless modified, waived or excepted by approval of this RPUD, the provisions of other portions of the
LDC 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 the LDC, as amended, regarding Adequate Public Facilities Requirements.
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 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary
water management lakes, street rights-of-way, the general configuration of which is also illustrated by
Exhibit 2.
TABLE 1
Project Land Use Tracts
TRACT"R"
TYPE
Single-family, zero lot
line, two-family, or duplex
UNITS
162DU
ACREAGE
20.49 ACRES
Lakes
3.69 ACRES
TRACT "P"
Preserve
0.74 ACRES
ROADS/R-O-W
5.62 ACRES
26.85 TOTAL ACRES
III-I
B. Areas illustrated as lakes in Exhibit 2 shall be constructed as lakes, or upon approval, parts thereof may be
constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such lakes and
intermittent wet and dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit 2. Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of plat or SDP approval, subject to the provisions of the LDC, as amended, or as
otherwise permitted by this RPUD Document.
C. In addition to tracts shown in Exhibit 2, such easements as necessary (utility, private, or semi-public) shall
be established within or along the various tracts, as may be necessary.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 162 residential dwelling units shall be constructed in the total project area.
The gross project area is 26.85:t acres. The gross project density, therefore, will be a maximum of6.034 DU/A.
II1-2
SECTION III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The purpose of this Section is to identify specific development standards for areas designated as residential areas on
Exhibit 2.
3.2. MAXIMUM DWELLING UNITS
A maximum of 162 dwelling units shall be allowed within the Liberty Landing RPUD.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other
than the following:
A. Principal Uses:
(I) Single-family dwelling units (A building which contains only one dwelling unit and is intended,
designed, used and occupied by no more than one family).
(2) Zero lot line dwelling units (A single family attached or detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and no yard on the
other).
(3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used
and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is
located on a separate lot under separate ownership).
(4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which
contains only two dwelling units and is intended, designed, used and occupied as two dwelling
units under single ownership, or where each dwelling unit is separately owned or leased but the lot
is held under common ownership).
B. Accessory Uses:
(I) Customary accessory uses and structures, including private garages.
(2) Common recreation amenities and play areas. Such uses shall be visually and functionally
compatible with the adjacent residences which have the use of such facilities.
3.4. DEVELOPMENT STANDARDS (See Table II)
A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See
Table II, Schedule of Development Standards),
B. BUILDING HEIGHT: Building height shall be measured from the first finished floor elevation to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the
mean height level between eaves and ridge of gable, hip, and gambrel roofs.
C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by the LDC in effect at the
time of building permit application.
D. GARAGE REQU IREMENT: All dwelling units shall have a garage that is a minimum of 9 feet by 18 feet.
11I-3
TABLE 2
Development Standards for Residential Areas
Single Zero Lot Two Family Duplex - unit is fee
Family Line - lot is simple, lot is
Detached owned fee common ownership
simple
PRINCIPAL STRUCTURES
Minimum Lot Area 3,000 s.f. 3,000 s.f. 3,000 s.f. 7,000 s.f.
Minimum Lot Width' 35 feet 35 feet 35 feet 70 feet
Minimum Floor Area 900 s. f. 900 s.f. 900 s.f. 900 s.f.
Front Yard Setback2 20 feet 20 feet 20 feet 20 feet
Side Yard Setback3 5 feet o feet or 5 o feet or 5 5 feet
feet feet
Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet
Preserve Setback 25 feet 25 feet 25 feet 25 feet
Maximum Building Heighe 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories
Minimum Distance 10 feet 10 feet 10 feet 10 feet
Between Principal Structures
ACCESSORY STRUCTURES
Front Yard Setback S.P.S. S.P.S. S.P.S, S,P.S.
Side Yard Setback S.P.S. S.P.S. S.P.S. S.P.S.
Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet 5 feet
Preserve Setback6 10 feet 10 feet 10 feet 10 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories
Minimum Distance Between o feet or 10 o feet or 10 o feet or 10 o feet or 10 feet
Principal and Accessory feet feet feet
Structures7
Notes:
S.P.S.: Same as Principal Structure
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building
permit.
I On cui de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%.
2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement
where no sidewalk is provided.
3 For fee simple lots created as zero lot line or two-family housing units, no side yard shall be required between
interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of
the principal structure. A minimum 10 foot separation between principal structures shall be maintained.
4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required
20 foot lake maintenance easement.
S Building height measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda
roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and
gambrel roofs.
6 Preserve setback of 10 feet for accessory structures also applies to any site alteration.
7 Attached accessory lanais or roofed screened areas qualify for O-foot separation. Detached accessory structures
require a minimum of a I O-foot separation.
III-4
SECTION IV
PRESERVE AREA
4.1. PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat in a natural or enhanced
state. A minimum of 0.70 acres shall be dedicated as preserve area in the Liberty Landing RPUD to meet the 25%
native vegetation requirement.
4.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other
than the following, subject to regional state and federal permits when required:
A. Principal Uses:
(1) Open spaces/nature preserves.
(2) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall
not reduce the retained native vegetation area below the minimum required.
IV-O
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments related to development of the Liberty
Landing RPUD.
5.2. GENERAL
All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws,
codes, and regulations applicable to this RPUD. The developer, its successor or assigns, is bound by the
commitments outlined in this Document.
The developer, his successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted,
and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the
developer, its successors or assigns in title, are bound by the commitments within this Document.
5.3. RPUD MASTER PLAN
A. Exhibit 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed
tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent
approval phase such as final platting or SDP application. Amendments may be made subject to the
provisions of the LDC, as amended.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued
operation and maintenance of all service utilities and all common areas in the project.
5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION
A. Development of the Liberty Landing RPUD is proposed for completion in 2008. The Liberty Landing
RPUD shall be subject to the PUD Sunset Provisions of the LDC, as amended.
B. All of the dwelling units constructed within the Liberty Landing RPUD shall be committed to occupancy by
very low income level households at or below 50% of the median annual household income in Collier
County. Covenants and restrictions shall be applied to all of the dwelling units within Liberty Landing
RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of
issuance of the certificate of occupancy (CO) for the residential unit subject to the covenant restriction.
C. By the time building permits for the first 100 residential units are issued, the developer shall have
constructed one fenced playground area with parking area in the location shown on the RPUD Master Plan.
D. Monitoring Report: An annual monitoring report shall be submitted pursuant to requirements of the LDC,
as amended.
E. No COs for residential units shall be issued until either the County drainage project #510211 is completed,
or until July 1,2007, whichever is sooner.
V-I
5.5. TRANSPORTATION
A. The minimum right-of-way width for local streets within the Liberty Landing RPUD shall be in accordance
with the LDC, as amended, with the exception of a 40-foot wide private right-of-way proposed for the
northwest comer of the site. This is identified in Section VI, Deviations.
B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida
Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required by the LDC, as amended.
C. Arterial level street lighting shall be provided at the development main access point. Access lighting must
be in place prior to the issuance of the first permanent certificate of occupancy (CO).
D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are
considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be approved or denied during the
review of required subsequent site plan or final plat submissions. All such access points shall be consistent
with the County Access Management Policy (Res. No. 01-247), as it may be amended from time to time,
and with the Collier County Long Range Transportation Plan. The number of access points constructed
may be less than the number depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is to be processed.
E. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and
egress to this project, as determined by the County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first Co.
F. Road impact fees shall be paid in accordance with the Transportation section of the County's Impact Fee
Ordinance.
G. All work within Collier County rights-of-way or public easements shall require a right-of-way permit.
H. All proposed median opening locations shall be in accordance with the Collier County Access Management
Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. The County reserves
the right to modify or close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based
on, but are not limited to, safety, operational circulation, and roadway capacity.
I. Nothing in any development order shall vest a right of access in excess of a right-inlright-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 the County by the
developer, its successor in title, or assignee.
J. Due to the interconnection with a County maintained right-of-way in the adjoining Independence project,
all internal roads, sidewalks and interconnections to adjacent developments within the Liberty Landing
RPUD shall be constructed consistent with County construction and dimensional standards and shall be
operated and maintained by the County.
K. If any required turn lane improvement requires the use of existing County rights-of-way or easements,
compensating right-of-way shall be provided without cost to the County as a consequence of such
improvement.
L. The applicant shall be required to improve the sidewalk along the property's frontage on Lake Trafford
Road to County standards in place at the time of plat approval. This improvement must be completed prior
to the issuance of the first CO. If the improvement is made prior to the developer doing so, a payment in
lieu of construction shall be made prior to the issuance of the first CO.
V-2
5.6. WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to commencement of site work.
B. An excavation permit will be required for the proposed lakes in accordance with the LDC, as amended. All
lake dimensions will be approved at the time of excavation permit approval.
C. The Liberty Landing RPUD conceptual surface water management system is described In the Water
Management Report, which has been included in the RPUD rezone application materials.
5.7. UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project
by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or
within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District.
B. Upon completion of the utility facilities, the facilities shall be tested to ensure they meet the Immokalee
Water and Sewer District construction requirements in effect at the time construction plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall be customers of the
Immokalee Water and Sewer District.
5.8. ENGINEERING
The development of this Liberty Landing RPUD shall be consistent with the LDC, as amended.
5.9. ENVIRONMENTAL
A. The Liberty Landing RPUD shall be consistent with the GMP, Conservation and Coastal Management
Element, and the environmental sections of the LDC in effect at the time of final development order
approval.
B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit
Rules and shall be subject to review and approval by Environmental Services Staff.
C. The Liberty Landing RPUD shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding
potential impacts to protected species on-site. If applicable, a habitat management plan for those protected
species shall be submitted to Environmental Services Staff for review and approval prior to final
construction plan approval.
D, Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as
preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent
conservation easement to prohibit further development. All preserve areas shall be designated as preserve
tracts on all construction plans and shall be recorded on the plat, or at time of SDP approval, with
protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall
be dedicated on the plat, or at time of SDP approval, to the Liberty Landing homeowners' association, or
like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for
maintenance.
E. All principal structures, including under roof attached structures that are a part of the primary structure,
shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and site
alterations shall have a minimum] O-foot setback.
F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis
on the preservation areas, shall be submitted to Environmental Services Staff for review and approval prior
V-3
to final SDP or construction plan approval. A schedule for exotic removal within all preserve areas shall be
submitted with the above-mentioned plan.
G. 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.
H. A Preserve Area Management Plan shall be submitted to Environmental Services Staff for approval prior to
site plan or construction plan approval identifying methods to address treatment of invasive exotic species,
fire management, and maintenance.
I. All agency permits (SFWMD, ACOE, FFWCC) shall be submitted prior to final construction plan
approval, if applicable.
1. The design elevation(s) of the littoral shelf planting area (LSPA) shall be determined based on the ability of
the LSP A to function as a marsh community and on the ability of selected plants to tolerate the expected
range of water level fluctuations. The design of the shelf may deviate from the reference values if site-
specific data and information are presented that supports the proposed elevations.
K. A bear management plan shall be provided at the time of Site Development Plan or Plat review.
5.10. SIGNS
Signage shall be in accordance with the LDC, as amended.
V-4
SECTION VI
DEVIATIONS
Deviation #1 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both
sides of local streets.
Sidewalks are proposed to be placed on both sides of the street throughout the development with the exception of a
40-foot wide private access in the northwest comer of the community that serves four units. The units are all on one
side of the access, and the access will be maintained by the homeowners association. The proposed sidewalks serve
the purpose of connecting residents within the neighborhood to on-site destinations as well as off-site to neighboring
Independence subdivision and Lake Trafford Elementary School. This deviation will not adversely impact
pedestrian mobility for the project, and will reduce impervious areas for better water quality and storm attenuation.
Deviation #2 seeks relief from LDC Section 4.06.02.C which requires a 15-foot Type B buffer along the eastern
boundary of Liberty Landing RPUD where the property borders VR "Village Residential" Zoning District.
Due to the compatible nature of the proposed Liberty Landing neighborhood and the homesites adjacent to the east,
the opacity standards of the Type B buffer are not necessary.
Per LDC Section 2.03.01.H, the purpose and intent of the Village Residential Zoning District "VR", applicable to
property to the east, is to provide lands where a mixture of residential uses may exist. Additionally, the LDC calls
for uses located and designed in the VR Zoning District to maintain a village residential character which is generally
low profile, with relatively small building footprints. The applicable Mixed Residential land use designation on the
Immokalee Area Master Plan, allows for density along the eastern border of Liberty Landing at 6 dwelling units per
acre. Density for the proposed Liberty Landing neighborhood is also 6 units per acre, so it is justifiable to allow for
a buffer type that is standard between two compatible uses. Therefore, a I O-foot Type A buffer is requested.
Deviation #3 seeks relief from LDC Section 6.06.01 (also Construction Standards Manual as revised in Supp. 17,
03-55) which requires minimum local street right-of-way width of 60 feet.
All local streets within the Liberty Landing RPUD shall meet the 6O-foot minimum requirement except for a 120-
foot access drive at the northwest comer of the site. The access drive will serve four units and is proposed at a
width of 40 feet. Travelways will meet required width at II feet, and a sidewalk will serve homes fronting the drive.
Adequate back-out area is provided for the limited number of users accessing the four units. Ownership and
maintenance of this 40-foot wide private right-of-way will remain with the developer, to be conveyed to the
homeowners' association. This deviation is justified because it allows for safe ingress and egress for the four units
within the small-scale setting of the neighborhood. This dimension for a limited use drive accommodates all the
standard roadway functions while allowing for the development to be compact and affording greater open space.
VI-I
COLLIER COUNTY
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P.O. BOX 1550
FORT MYERS, FLORIDA 33902-1550
PH ONE (941) 334-004S
FAX (941) 334-3661
E.B, #642 & L.B. 1#642
Location Map
Liberty Landing
DATE
AUG. 2005
EET
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RPUD \lASTER PI.AN
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NAPLES, FLORIDA J+112.
PHONE (2.J'iJ) 4oJ4-0J3J
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Pre,*" by:
Collier County Altorney'a ortIce
3301 Tlmlaml Tnal Eat
Naples, FL 34112
n.- alMlGe for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
"""-
THIS AGREEMENT is made as of the {P day of J un e. ,2006, by and
between Habitat for Humanity of Collier County. Inc. (the "Develope"-) and the Collier
County Board of County Commissioners (the .Commission"), collectively, the .Parties."
REelT ALS:
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
162
residential units (the "Units") at a density of 6
units
per gross acre on the Property. The gross acreage of Property is
26.8i5"
acres. The number of affordable Units constructed by Developer shall be a maximum of
162
. representing 100
percent of the total number of residential Units in the
development.
B. In order to construct the Units, the Developer must obtain a density bonus from the
Commission for the Property as provided for in the Collier County Affordable Housing Density
Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Rev 5117/06
Land Development Code (LDC) fi 2.06.00 at saq., 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 22 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 0.9 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. DeveloDer Aareements. The Developer hereby agrees that it shall
construct a maximum of 162 affordable Units which Units shall be sold in accordance
with the tenns and conditions of this Agreement and as specified by the attached
Appendices A & B, Exhibits A. B, & C. and Appendix C. which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC fi 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
Page2m29
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, fonns and other documentation required
by this Agreement shall be provided to the Financial Administration and Housing
Department. Qualification by the Developer of any persons as an eligible Owner family
shall be subject to review and approval in accordance with the monitoring and
enforcement program in LDC ~~ 2.06.05 and 2.06.06, respectively.
(a) AoDlication. 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
occupying an affordable housing unit pursuant to the affordable housing density bonus
Page 3 of 29
program. The Preliminary Application for Affordable Housing Unit shall be provided by
the Financial Administration and Housing Department as shown in Appendix B, Exhibit
A. attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC ~ 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
retum 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 infonnation. 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 infonnation 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
AffordabJe Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordable housing unit under the affordable housing density bonus
Page 4 of 29
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 Proorsss and Monitorina Reoort. 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) Occuoancy 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 5.1 units per acre, and Is therefore granted a
density bonus of 0.9 density bonus units per acre, for a total density (total
= density bonus units per acre X gross acreage) of 6 units/ac, pursuant to
Page 5 of 29
LOC ~ 2.06.00 The Commission further agrees that the Developer may construct
thereon, in the aggregate a maximum number of 162 units on the Property
provided the Developer is able to secure building permit(s) from Collier County.
4. Commission Aareement. During the tenn of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LOC ~
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically
permitted by the tenns of this Agreement; or to knowingly give false or miSleading
infonnation 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 LOC ~
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified retum-
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 OccuDanGY. In the event that the Developer fails to
Page 6 of 29
maintain the affordable units in accordance with this Agreement or LDC ~ 2.06.00, as
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC ~ 2.06.00, as amended.
6. Assicnment 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 mall,
postage prepaid, to the Parties at the fOllowing addresses:
To the Commission:
Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
Page 7 of 29
To the Developer: Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee. shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend. indemnify
and hold Collier County and its officers. employees, and agents harmless from and
against any and all claims. penalties. damages. losses and expenses. professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the perfonnance 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. Recordina. This Agreement shall be recorded at County's expense in the
Page 8 of 29
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
place in more than one phase, all physical amenities as described in item number
Page 9 of 29
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. Phasina. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained In each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable housing units for this project, with
100 percent of the units in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. 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 Housina Density Bonus Develooment Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preaoolicatlon. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable Housing
Page 10 of 29
.~.._-'~
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein. '
22. Govemina 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:
DW~,<~HT e'.BRO~K, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
If ~~
By: FRANK HALAS, C A -
s
Approved as to form and legal sufficiency:
lJ~~~~tt~den{!t~rt~~~ ~td . &2u' Co
Assistant County Attorney
Page 11 of 29
DEVELOPER:
Witnesses:
~ 12 frt/~II-t fy ...
L'/. ) t T (P^ "Ju C :]:h.c-
act 4-/::::t. ..... f. t!-f!J /UJA. (:J
By: v
(t.' j.' ~ 1- JI[ ~jXfL-
Witness
Prtnted Name: lv';t tit< 1.,,(
J~~ ~k
Witness .' 7 (7 .
Printed Name l~j )-/{;/l , 'J-<.J I hl A;-'
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
ShIn 7)(1. rJO IvL /) as l~"{'\1 (LeII T of
,
fret)->! t{{ t-frI /-flkill (( 111 f\( ()[ C of [( E I' {u U 111.y whQ_J~___E~r~.()r'l~J~
~r:'l9.~r-I..~ r.n~_()r has produced as identification.
WITNESS my hand and official seal this ((i1h day of . Jt.( rt(/
2006.
My Commission Expires: 3/:'/ lot)
_,r_-'
---
\.,11" L' B L fk
,~\~Y..f.~;;" Isa . e ow
{f( ~\r;~ Commission # 00293446
~i.i;~~:': Expires March 4. 2008
",[f,n'." Bonded Tlllr F"'n . In,",,,,,,,,,, In( 800.385.1019
Page 12 of 29
EXHIBIT A
LEGAL DESCRIPTION
The subject property, being 26.85::t acres, is described as:
A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE ON THE NORTH RIGHT -OF-WAY LINE OF LAKE TRAFFORD ROAD
(COUNTY ROAD NO. 850) AT THE SOUTHEAST CORNER OF "INDEPENDENCE PHASE
ONEil, A SUBDMSION OF PART OF SECfION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 41, PAGE 44 OF
THE PUBUC RECORDS OF SAID COLLIER COUNTY AND RUN SOUTH 81043'20" EAST
ALONG SAID NORTH RIGHT -OF-W A Y LINE, A DISTANCE OF 550.08 FEET TO THE
POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY AS
DESCRlBED IN OFFICIAL RECORDS BOOK 2800, PAGE 315 OF SAID PUBUC
RECORDS; THENCE RUN NORTH 00034'16" WEST ALONG THE EAST LINE OF SAID
PROPERTY, A DISTANCE OF 1882.95 FEET TO AN INTERSECTION wrm THE SOUTH
LINE OF "INDEPENDENCE PHASE TWO", A SUBDIVISION RECORDED IN PLAT BOOK
43, PAGE 64 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 85010'10" EAST
ALONG SAID SOUTH LINE AND THE EASTERLY PROJECTION OF SAID SOUTH LINE,
A DISTANCE OF 1110.45 FEET TO A POINT ON THE WEST LINE OF THE EAST 30
FEET OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH
00055'13" EAST ALONG SAID WEST LINE OF TIlE EAST 30 FEET AS DESCRIBED IN
OFFICIAL RECORDS BOOK 264, PAGE 4S I OF SAID PUBUC RECORDS, A DISTANCE
OF 843.72 FEET TO AN INTERSECTION WITH THE EASTERLY PROJECTION OF THE
NORTH LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 211,
PAGE 925 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 81043'20" WEST ALONG
SAID EASTERLY PROJECTION AND ALONG SAID NORTH LINE, A DISTANCE OF
902.34 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE RUN
SOUTH 00035'50" EAST ALONG THE WEST LINE OF SAID PROPERTY, A DISTANCE
OF 990.01 FEET TO AN INTERSECTION WITH SAID NORTH RIGHT-OF-WAY LINE OF
LAKE TRAFFORD ROAD (COUNTY ROAD NO. 850); THENCE RUN NORTH 81043'20"
WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 210.15 FEET TO
THE SAID POINT OF BEGINNING.
CONTAINING 1,169,550.39 SQUARE FEET OR 26.85 ACRES OF LAND, MORE OR LESS.
Page 13 of 29
APPENDIX A. EXHIBIT A
NUM;;BER 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
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
(50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
162 two family
4Bcdroom
TOTAL
162 two family
VERY-VERY LOW INCOME
(250/.-50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development -..2Lunitslacre.
Page 140f29
(2) Gross acreage 26.85.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 22 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) 6 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 15 of 29
APPENDIX A.. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC ~ 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development Included in this Exhibit B arc 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 (awner-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 law) 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 unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shawn 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 (AlIDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shawn on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/1Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "fomlt will receive an affordable housing
density bonus (ARDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus far each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to detennine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 16 of 29
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your deDsity bonus in the space provided below. Attach additional pales If
necessary.
TABLE INSET:
PER ORDINANCE 05-27
Table A. Affordable Houue DeDsity BoDUI
(Additional Available DweWng Units Per GroSI Acre)
Percent of Development Designated as Affordable Housing
1 0010 20% 30% 40% 50010 60% 70010 80% 90010 100%
80010
MI. I 2 3 4 5 6 7 8 8 8
Income 60% 2 3 4 5 6 7 8 8 8 8
Level Ml
500.!cl 3 4 5 6 7 8 8 8 8 8
MI
.Owner-occupied only
Total Allowable Density = Base Density + Affordable Housing Density Bonus
Page 17 of 29
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(I); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 6()Ofo of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 200S
563,300 Naplel, MSA (CoWer COUDty)
NUMBER OF MEMBERS IN FAMILY
1 l ~ ~ ~ ! 1 !
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
6()01o 29,340 33,480 31,680 41,880 45,240 48,600 51,960 55,260
5oolo 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 (SAll..) and the Low-Income Rental Housing Tax Credit (LllITC) programs. The
rents given below are based an 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 300/. FAMILY INCOME
ONE' TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
8oofo 51.046 $1,256 $ J ,451 51 618
60% $785 $942 $1,089 51,215
50% $654 $785 5907 $1.012
35% $458 $549 $635 5708
25% $327 $392 $453 $506
Page 18 of 29
UTILITY ALLOWANCES
ONE B/R TWO BIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Callier County 71.00 91.00 128.00 156.00
Immo1calee 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 DEDver UTILITIES TO CALCULATE NET RENTS.
Page 19 of 29
NOT APPLICABLE
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. OfSe<:. Depasit:_
RacelNational Origin: Handicap: Yes _ No_
Race/National Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
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 S
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $_ Weekly $
Monthly $
Job Title
Every 2 Weeks $
Monthly $
Page 20 of 29
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Birth Date
Job Title
NAMES QF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE OX Aa SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Rel.dves)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 21 of 29
NOT APPLICABLE
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant'sName: :
Social Security Number
Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or fonDS of income from pensions.
stocks. bonds. real property rent. sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable housing unit. I understand that I am not required
to surrender my ownership or rights or claimed property. pensions or capital gains. etc.
J\pUIiCIIDt Co.occuuant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary S S S $
Bonuses $ $ $ S
Tips $ $ $ S
Commissions $ $ $ S
Interest Income $ $ $ S
Trust Fund Income $ $ $ S
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ S S
Food Stamps $ S $ $
Social Security $ $ S S
Social Security Disability $ $ $ $
Supplemental SSI S S S $
Family Assistance $ $ $ $
Child Support S $ $ $
V cterans Benefits $ $ S $
-
Widows Benefits S $ $- 5
Union Pension $ S $_ 5
Page 22 of 29
Self-Employment Business,
Silent Partner, etc.
Private Insurance Pension
$
S
$-
$
$_ $
$ S
TOTAL ANNUAL INCOME
s
s
THE VERlFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS Fn.ED AND WILL
OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF TIlE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. F All..URE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 23 of 29
APPENDIX B. EXlDBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
NOT APPLICABLE
APPLICANT:
Present Employer:
Address:
Job Tille:
Street
City State Zip
, hereby authorize the release of information requcsted
I,
(Applicant)
on this certification fonn.
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
,2006.
(notary seal)
Notary Public
My Commission Expires:
Page 24 of 29
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number ofBoun Worked (Weeldy):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ S
Monthly Annually
Supervisor
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
. 2006.
(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 WlU. OCCUPY THE
AFFORDABLE UNIT.
Page 25 of 29
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC ~ 2.06.01 please complete this fonn and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial
Administration and Housing Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; Libertv LandinI! RPUD. 26.85 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
-X- Yes No
If yes, state date of application . and if the request bas been approved,
state the Ordinance number
3. Gross density of the proposed development. 6 units/acre.
Gross acreage of the proposed development. 26.85 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information. _
Libertv Landin~ RPUD located adiacent to the West of Lake Trafford Elementarv School along Lake
Trafford Road in Immokalee.
5. Name of applicant Habitat far Humanity of Collier County. Inc.
Name ofland developer ifnot the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
Page 26 of 29
TABLE I
Total Number of Units in DeveloDment
Type of
Unit
Rental
Owner
OccuDied
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
162
TOTAL
162
TABLE II
Number of Affordable Housin~ Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Owner
Rental Occupied
MODERATE INCOME
80~. MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Page 27 of 29
LOW INCOME
60% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
VERY LOW INCOME
SO%MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
162
22
Other
TOTAL
~
..u
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages as Exhibit "D" if needed.
Page 28 of 29
Description of the affordable bousing units
Habitat for Humanity's dwelling units contain three bedrooms and one bathroom. Some contain
a garage or carport. The bathroom has one to two sinks, one toilet and one tub. The units have
central air conditioning and at least one ceiling fan. They are insulated. They have vinyl tile
floor coverings throughout. Habitat homes have new refrigerator, stove. washer and dryer.
Blinds are standard in bedrooms and bathrooms. The units are woodframe construction with
vinyl siding.
8. Please supply any other information which would reasonably be needed to address this request far
an affordable housing density bonus for this development. Attach additional pages if needed.
Page 29 of 29
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 2006-29
Which was adopted by the Board of County Commissioners
on the 6th day of June, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of June, 2006.
DWIGHT E. BROCK,
Clerk of Courts and:.'c;Y~k
. ..
Ex-officio to' B6arcl of', "<.,
. '\ ., f ~ ..
County Commissicper~; ';
, . QP~.' (tL. .
- \..f), ' . . ,',}r '.
) ...~"~~....!.I" ~.I'" ...~
" i'.' ".J. ...j ,...."
Heidi R. R~c'khold\;
Deputy Clerk