Ordinance 2007-55
ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS, BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURAL (A) ZONING DISTRICT TO
THE RESIDENTAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE BOXWOOD
RPUD LOCATED AT THE EASTSIDE OF COLLIER
BOULEVARD (CR 951) 1/4 MILE OF VANDERBILT
ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 29.9 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
618910111
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WHEREAS, Robert Duane, AICP, of Holes Montes, Inc., representing Home
Dynamics Naples, LLC, 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
35, Township 48 South, Range 26 East, Collier County, Florida, is changed from the
Rural Agricultural (A) Zoning District to the Residential Planned Unit Development
(RPUD) Zoning District for the Boxwood RPUD in accordance with the Exhibits
attached hereto as Exhibits A through G 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.
Boxwood; PUDZ-2005-AR-8379
Page I of2
PASSED AND DULY ADOPTED by super-majority vote by the Board of
County Commissioners of Collier County, Florida, this
4M./"-'~
, 2007.
ATTEST:
D~~rUJ3ROCK,CLERK
. . . '. .
.,.. . .
sivn~tuti
Approved as to form
and legal sufficiency:
. "1 t L<cL, ..<-
Marjo' M. Student-Stirling
Assistant County Attorney
Boxwood; PUDZ-2005-AR-8379
:;U.
day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1 ' .
BY: /!i~ ~
JAMES N. COLETTA, CHAIRMAN
.,
-,;tz J.. <. N
. ,~
This ordinance fjl:~d with tr:(
Secr'l,tary of Stole's Office. the
~day of~,..l~
and ocknawledgemehh9i thot
fili~d this ~ day
of 'I 'io~~
puty Cl€rk
Page 2 of2
EXHIBIT A
FOR BOXWOOD RPUD
ALLOWABLE USES
PERMITTED USES:
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:
1. GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Boxwood (RPUD)
Residential Planned Unit Development. General permitted uses are those uses which generally
serve the developer and residents of the Boxwood RPUD and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under Land Development Code.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the developer and
developer's authorized contractors and consultants, including necessary access
ways, parking areas, and related uses, subject to the procedures for a temporary
use permit provided in the Land Development Code.
6. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls.
7. Any other use, which is comparable in nature with the foregoing use, consistent
with the permitted uses and purpose and intent statement of this RPUD, as
determined by the Board of Zoning Appeals.
2. RESIDENTIAL SUBDISTRICT
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
G:\DeRuntz\Rezoning\Open PUD Pelitions\AR-8379 Boxwood RPUD\A.pplications\Revised Application per Marjorie 6-18-07 (23).doc Page 12 of 25
3. Two-family patio and zero lot line;
4. Townhouse (TH) and multi-family;
5. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") by the process outlined in the Land Development Code.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal residential
uses permitted in this RPUD, including recreational facilities, such as swimming
pools and clubhouse, screen enclosures, and facilities for lawn care and
maintenance. The location of the recreational area is depicted on the RPUD
Master Plan.
3. PRESERVE SUBDISTRICT
The RPUD Master Plan provides for 4.15 acres of preserve area that shall be recreated that
constitutes the minimum acreage required in accordance with Land Development Code created
preserve requirements and the GMP. The cross sections for the re-created preserve area are set
forth in Exhibit "COO of this Ordinance. The cross sections for the topographic profile of the re-
created preserve area are set forth on composite Exhibit "Goo of this Ordinance.
The agricultural clearing permit issued in November 1987 for the two southern parcels required
three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been
cleared without a permit. One-hundred percent of the impacted preserve areas shall be re-
created on the property.
In addition, the northern parcel was also cleared without a permit. The acreage of native
vegetation on the 1975 aerial has approximately 5.0 acres. Twenty-five percent (1.25 acres) of
this area shall be re-created as a preserve area.
In summary, a total of 4.15 acres of preserve shall be required to be re-created as a preserve
area. This preserve area shall be connected to the preserve area on the Bucks Run development
to the south.
A. Permitted Uses and Structures:
1. Passive recreation areas;
2. Water management in wetlands and water management structures;
3. Mitigation areas;
4. Boardwalks and trails that do not reduce the minimum amount
of required vegetation to be preserved.
G:\DeRuntz\Rezoning\Open PUD Petitions\AR~8379 Boxwood RPUD\Applications\Revised Application per Matjorie 6-18-07 (23 ).doc Page 13 of 25
4. MAXIMUM DWELLING UNITS
The maximum dwelling units shall be two-hundred and seven (207).
5. DEVELOPMENT STANDARDS
The following table sets forth the development standards for land uses within the RPUD
Residential Subdistrict. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code in effect as of the date of approval of the
site development plan or subdivision plat.
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per MaJjorie 6-18-07 (23).doc Page 14 of 25
EXHIBIT B
FOR THE BOXWOOD RPUD
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE SINGLE TWO-FAMILY, MULTI- CLUBHOUSE!
STANDARDS F AMIL Y FAMILY PATIO & FAMILY RECREATION
ATTACHED & ZERO LOT BUILDINGS
TOWNHOUSE LINE
PRINCIPAL
STRUCTURES
MINIMUM LOT AREA 5500 S.F. PER 1800 4500 2100* N/A
UNIT S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT
MINIMUM LOT WIDTH Interior 50 FEET 30 FEET 40 FEET N/A N/A
Exterior 60 FEET
MINIMUM FLOOR AREA 12ooS.F 1200 S.F 1200 S.F. lOoo S.F./D.U. N/A
MIN FRONT YARD 23** FEET 23** FEET 23** FEET 23** FEET N/A
MIN SIDE YARD 5 FEET 5 FEET or 0 12 FEET or 0 o or 15 FEET 20
MIN REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DISTANCE 10 FEET Not less than 20 Not less than 12 Not less than 20 10 FEET
BETWEEN STRUCTURES feet between bld.s. feet between bld.s, feet between bld.s.
MAX. BUILDING HEIGHT 25 FEET within 25 FEET within 25 FEET within 25 FEET within 25 FEET within
NOT TO EXCEED two stories height two stories height two stories height two stories height two stories height
as zoned but not to as zoned but not to as zoned but not to as zoned but not to as zoned but not
exceed thirty-live exceed twenty-five exceed twenty-five exceed twenty-five to exceed twenty-
feet actual height. feet or 35 feet fee or 35 feet feet or 35 feet five feet or 35
actual. actual. actual. feet actual.
ACCESSORY
STRUCTURES
FRONT 23 FEET 23 FEET 23 FEET 23 FEET 23 FEET
SIDE SPS SPS SPS SPS SPS
REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET
DISTANCE BETWEEN N/A N/A N/A N/A N/A
PffiNCWALSTRUCTURE
MAX. BUILDING HEIGHT SPS SPS SPS SPS 20 FEET
NOT TO EXCEED
S.P.S. = Same as Principal Structures
BH = Building Height
G:\DeRunlz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Matjorie 6-18-07 (23).doc Page 15 of 25
GENERAL: Except as provided for herein. all criteria set forth below shall be understood to be in relation to individual
parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards.
Footnotes:
* The minimum area for multi-family use is 10,000 square feet but each individual unit may be a minimum of 2100 square
feet
** Where a lot is located at the intersection of two streets the front yard setback shall only apply to the street on which the
entrance is located, and the side requirement shall apply on the adjacent street. Where side entry garages are provided. the
front yard setback may be reduced to 20 feet.
A separation shall be maintained along the northern property line as currently shown on the RPUD Master Plan to maintain a
minimum of 100 feet to the east of the maintenance area in Vanderbilt Beach Country Club. This area may be used for right-
of-way, open space, or recreational use. A one-story recreational building shall be permitted in this area at a location
depicted on the RPUD Master Plan.
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Marjorie 6-18.07 (23).doc Page 16 of 25
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EXHIBIT D
FOR THE BOXWOOD RPUD
LEGAL DESCRIPTION
LEGAL DESCRIPTION
The subject property being 29.69:t acres is located in Section 35, Township 48 South, Range 26
East, and is more fully described as follows:
The north Y2 of the south Y2 of the northeast '4 of the southwest v.. of Section 35; plus the south
Y2 of the south Y2 of the northwest '4 of the southwest v.., less the west 100 feet and the south Y2
of the south Y2 of the northeast '4 of the southwest v.. of Section 35, Township 48 South, Range
26 East, Collier County, Florida.
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Marjorie 6-18-07 (23).doc Page 20 of 25
EXHIBIT E
FOR THE BOXWOOD RPUD
LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE
PRIVATE ROADWAY WIDTH
The private roadway shall have a 42 foot right-of-way width. This is a deviation from the 60
foot right-of-way width specified in Section 6.06.01 of the Land Development Code.
(Deviation 1.) The justification for this deviation is that this right-of-way width can be found
sufficient to accommodate travel lanes, drainage facilities, and utilities.
G;\DeRuntz\Rezoning\Open PUD Petitions\AR-R179 Boxwood RPUD\Applicalions\Revised Application per Marjorie 6-18-07 (23),doc Page 21 of 25
EXHIBIT F
FOR THE BOXWOOD RPUD
DEVELOPERCO~TMENTS
1. TRANSPORTATION REQUIREMENTS
A. All traffic control devises, 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.
B. If a gate is proposed at any/or all development entrance(s), the gate shall be designed so
as not to cause vehicles to be backed up onto any adjacent roadway. To meet this
requirement, the following shall be the minimum requirements to achieve that purpose:
1. The minimum throat depth from the nearest interconnecting roadway edge of
pavement shall be no less than 100 feet to the key pad/phone box for the
proposed gate.
2. A turn around area of sufficient width and with sufficient inside turning radii
shall be provided between the aforementioned key pad/phone box and the
proposed gate.
C. Arterial level street lighting shall be provided at all access points. Access lighting shall
be in place prior to the issuance of the first certificate of occupancy (CO).
D. Access Points shown on the PUD Master Plan are considered to be conceptual.
Nothing depicted on any such Master Plan shalt vest any right of access at any specific
point along any property boundary. 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 approved.
E. Site-related improvements (as opposed to system-related improvements) necessary for
safe ingress and egress to this project, as determined by County, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the
public prior to commencement of on-site construction.
F. Nothing in any Development Order (DO) 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. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and welfare of
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Marjorie 6-18-07 (23).doc Page 22 of 25
the Public. Any such modifications shall be based on, but not limited to, safety,
operational circulation, and roadway capacity.
G. If any required turn lane improvement requires the use of existing County Rights-of-
Way or easement(s), then compensating Right-of-Way shall be provided at no cost to
Collier County as a consequence of such improvement(s) upon final approval of the
turn lane design during the first subsequent development order. The typical cross
section may not differ from the existing roadway unless approved, in writing, by the
Transportation Division Administrator or his designee.
H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device,
sign, pavement marking improvement within a public Right of Way or Easement, or site
related improvements (as opposed to system related improvements) necessary for safe
ingress and egress to this project, as determined by Collier County, is determined to be
necessary, the cost of such improvement shall be the responsibility of the developer, his
successors or assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the appropriate corresponding CO.
I. No CO shall be issued for residential dwellings until such time as Collier Boulevard
is widened to six lanes from Immokalee Road (CR 846) to Vanderbilt Beach Road (CR
862).
J. A northbound right turn lane shall be required prior to commencement of on-site
construction. No other work shall be performed within the site boundaries until all
development commitments have been met with regard to improvements within the
public rights-of-way. No southbound left median opening shall be allowed.
K. If the existing access bridge over the canal is widened or otherwise modified,
appropriate permits shall be obtained from the South Florida Water Management
District.
L. A shared access shall be provided to the property to the north. Placement of a gate
on the main access roadway into this project shall be located so as to allow
sufficient shared access with the adjoining project to the north. The interconnection
shall be located approximately 300 feet (to centerline) from the CR 951 right-of-way, as
shown on the conceptual plans. The interconnection may be less, but shall be
reviewed by Transportation Staff. The interconnection shall be no less than 200 feet
from the existing CR 951 right-of-way.
2. UTILITY REQUIREMENTS
A. The property owner shall reserve two areas to be conveyed for a raw water well
easement with a dimension of 40 feet by 40 feet for each area, and associated utility and
access easements to connect them with a public right-of-way within this RPUD. The
utility and access easements shall be 20 feet wide unless the well sites are contiguous to
public right-of-way, in which case they should be 16 feet wide. The locations of the
two well fields are depicted on the RPUD Master Plan. This conveyance/dedication
shall occur at the time of Site Improvement Plan (SDP) or plat approval or similar
process for the area within the development phase that contains the easement. The
proposed easement areas shall be approved by the County Utilities Staff and shall be
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Marjorie fl-18-07 (23).doc Page 23 of 25
conveyed to the County Water and Sewer District and shall meet the applicable
setbacks for water wells.
B. The development shall be subject to application for and conditions associated with a
water and sewer availability letter from Collier County Utilities Division.
3. WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the project
developer.
A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the
common property line.
B. An agreement shall be entered into between the Bucks Run MPUD and Boxwood
RPUD to govern maintenance of the common area prior to the issuance of the
subdivision plat.
4. AFFORDABLE HOUSING
The developer has committed to construct 20% of the project's 207 dwelling units as GAP and
workforce housing units in exchange for a density bonus of 3.0 dwelling units per acre.
5. ENVIRONMENTAL REQUIREMENTS
A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental
Services Staff for review and approval prior to site plan/construction plan approval. If
protected species may be impacted, a Habitat Management Plan for those protected
species, or their habitats shall be submitted to Environmental Services Staff for review
and approval prior to site plan/construction plan approval.
B. A cross section of the re-created preserve area, depicting topographic features, IS
attached as Exhibit G.
6. WALLS
A. Exhibit C-2 depicts the proposed wall and landscaping treatment along the north and
east property lines.
B. The wall to be constructed along the north and east property lines shall be constructed at
the earliest time possible during preparation of the site for development. The landscaping
shall be installed at the time of the issuance of the first building permit.
C. The wall along the south property line shall be a concrete block wall or a pressure treated
wood fence.
G:\DeRuntz\Rezoning\Open PUD Petitions\AR-8379 Boxwood RPUD\Applications\Revised Application per Matjorie 6-] 8-07 (23),doc Page 24 of 25
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This space for recording
AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
,2007,
by and between Home Dvnamics Naples. LLC (the "Developer") and the Collier County
Board of County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of 207 residential units (the "Units") at a density of 6.97 units per gross
acre on the Property. The gross acreage of Property is 29.69 acres. The number of
affordable-workforce housing units constructed by Developer shall be 20 percent of the
total number of residential Units approved in development orders issued for the
Property.
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
Page 1 of 32
4112/06
authorizing the construction of 3.0 bonus Units on the Property, if the Developer agrees
to construct Affordable-Workforce Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 3.0 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 Aqreements. The Developer hereby agrees that it shall
construct up to 42 units in accordance with the terms and conditions of this Agreement
and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix
C, which Appendices are incorporated by reference herein and which constitute a part
of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and gap Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
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
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
0' the area as defined by the U.S. Department of Housing and Urban Development
P:\CPWinIHistoryI070529 _000113040.07
Page 2 of 32
(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) Eliqibilitv and Qualification of Owner. Family income eligibility is a three-
step process: 1) submittal of an application by a prospective Owner; 2) verification of
family housing unit provided under the affordable, workforce, and gap housing density
bonus program prior to being qualified at the appropriate level of income (very low, low,
workforce, or gap 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,
workforce, and gap 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 very low, low, workforce, or gap income family for the
purpose of owning and occupying an affordable-workforce housing unit pursuant to the
affordable-workforce housing density bonus program. The Preliminary Application for
affordable-workforce housing unit shall be provided to Collier County Housing and
Grants Section as shown in Appendix 8, Exhibit A, attached to this Agreement and
P:\CPWin\History\070529 _0001 \3040.07
Page 3 of 32
incorporated by reference herein.
(b) Income Verification and Certification. No affordable-workforce housing
unit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC 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 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-workforce housing Applicant Income Verification form
shall be provided to the Housing and Grants Section as shown in Appendix 8, Exhibit
8, attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminarv 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 Housing and
P:ICPWinlHistoryl070529 _000113040.07
Page 4 of 32
Grants Section 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 S 2.06.00, may be conducted by the Housing
and Grants Section upon reasonable notice.
(4) Annual Proqress and Monitorinq Report. The Developer shall provide the
Housing and Grants Section 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 and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC S
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Housing and Grants Section. Failure to complete and submit the monitoring report to
the Housing and Grants Section 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 4.0 units per acre, ( 3.97 units per acre is used of the
base density of 4.0 units per acre) and is therefore granted a density bonus of 3.0
density bonus units per acre, for a total density (total = density bonus units per acre X
gross acreage) of 6.97 units/ac, pursuant to LDC S 2.06.00 The Commission further
agrees that the Developer may construct thereon, in the aggregate a maximum number
P :\CPWin\History\070529 _ 0001\3040.07
Page 5 of 32
of 207 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 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, workforce, or gap Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC S
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
Housing and Grants Section or by any other persons pursuant to the authority which is
delegated to them by LDC S 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 Proceedinqs.
Whenever it is determined that there is a violation of this Agreement or of LDC S
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 Occuoancy. In the event that the Developer fails to
maintain the affordable-workforce units in accordance with this Agreement or LDC S
P:ICPWinlHistoryl070529 _000113040.07
Page 6 of 32
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. Assiqnment 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:
To the Commission:
Collier County Housing and Grants Section
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Alejandro J. Delfino
Home Dynamics Naples, LLC
4788 West Commercial Boulevard
Tamarac, Florida 33319
P:\CPWin\History\070529 _0001 \3040.07
Page 7 of 32
With copy to:
Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
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
P:ICPWinlHistoryl070529 _000113040.07
Page 8 of 32
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable, workforce, or gap housing unit shall be
restricted to remain and be maintained as the required affordable, workforce, and gap
housing as provided in the LDC 92.06.04.
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-
workforce housing unit, it must advertise sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable-workforce housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of
affordable-workforce units.
e. The affordable-workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and gap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable-workforce housing Density Bonus
shall be the same for market rate units and affordable-workforce units. For
developments where construction takes place in more than one phase, all physical
amenities as described in item number seven (7) of the Developer Application for
P:ICPWinlHistoryl070529 _000113040.07
Page 9 of 32
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 gap 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.
17. Phasinq. 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 20 percent affordable-workforce housing units for this
project with 20 percent of the units in each phase built consisting of affordable-
workforce units
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable-workforce housing unit or units,
which units in the development are designated as affordable-workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable-workforce housing units and
the amount of affordable-workforce housing density bonus approved for the
development.
20. Affordable-Workforce Housinq Density Bonus Development Aqreement.
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
P:ICPWinlHistoryl070529 _000113040.07
Page 10 of 32
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. Governinq 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 oft~Ray and year first above written.
."
ATTEST: .
DWIGHT E. BROCK, Clerk
.- J ,,' -
,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
d7L~
By: J ES N. COLETTA, CHAIRMAN
.tt,t', " "","''"..
s.i"J;:: d.. (; i ".'
Approved as to form and legal sufficiency:
tn(O~v I om . fltUcUuJ_ - !Jft.1..J .l~
Marjori . Student-Stirling ()
Assistant County Attorney
P:ICPWinlHistoryl070529 _000113040.07
Page 11 0132
DEVELOPER
Home Dynamics of Naples .LlC
4788 West C9H'H':~:(jT, 'lvo
Tamarac, Hcr'~1310i
(' ^f//
~". .
~~
Printed Name
~
B., : O/J'V 11) .5c.AJ~
mA/"A~I"'~ ;'yJ~hI~
" ',kl1-)} .-1
J .;.h r' r. II
/<!d/,ll]v~' ___~___t!'W
lTZC"~/jjvV'j ;1u.Y"':.Y'
t(jd
Witness By:
Title
STATE OF FLORIDA )
COUNTY OF COLLIER )
~A /t?p' --
~~_h /~.- ;r
Witness B~</~ . "'/ // /
Printed Name &1-,4 J1.. t:/ ~~
/
Title: "\)~O~tC'~ \nt'VVH~("
The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density
Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged
before me bY~"LlI. <?-t-,","r~ as ~CV\?fr-~ \'<"\0 C'Y".'C1.!
(Wiiilis !,ersonall~ known to~or has produced as
identification,
WITNESS my hand and official seal this ~ day of \"<\.~
~
,2~
Notary Public
My Commission Expires; 02 '2.'2.-E;;A
,',
I!,'tn.;&)' ~~ MY~~~:"~
'I""'. . .' EXPlIlfS: FellruaJy 22. 2lQI ;
.~,~. IIcIldIdTlwu,..,.NIIIc~ l
."~-"'-'-'-''''''''-''---'- ..f
EXHIBIT A
HDriv.:U....:.lojandrodelllno:Oocumen1l:Mictosoft User Oall:S.ved AllIcIImonta:REVlSEO AFFORDABLE HOUSING
AGREEMENT 070~15).CLEAN.dOC Page 12 of 31
DEVELOPER: Home Dynamics Naples, LLC
4788 West Commercial Blvd.
Tamarac, Florida 33319
Witnesses:
Witness By:
Printed Name
Title:
Witness By:
Printed Name
Title:
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density
Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged
before me by
as
who is personally known to me or has produced
identification.
as
WITNESS my hand and official seal this
day of
,2007.
Notary Public
My Commission Expires:
P:\CPWin\History\070529 _0001 \3040.07
Page 12 of 32
EXHIBIT A
LEGAL DESCRIPTION
The subject property being 29.69:l: acres is located in Section 35, Township 48
South, Range 26 East, and is more fully described as follows:
The north % of the south % of the northeast Y. of the southwest Y. of Section 35;
plus the south % of the south % of the northwest Y. of the southwest y., less the
west 100 feet and the south % of the south % of the northeast Y. of the
southwest Y. of Section 35, Township 48 South, Range 26 East, Collier County,
Florida.
P:\CPWin\History\070529 _ 0001\3040.07
Page 13 of 32
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC S 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 very low, 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 and percentage of
affordable, workforce, and gap housing units in the development. To use the affordable-
workforce housing density bonus rating system, Table A, below, shall be used. Table A
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 (very low, low, workforce, or gap) of the
affordable-workforce housing unit(s) proposed in the development, as shown in Table A.
Next, determine the percent of that type of affordable-workforce housing unit(s) proposed
in the development compared to the total number of dwelling units in the development.
From this determination, Table A will indicate the maximum number of residential
dwelling units per gross acre that may be added to the base density.
These additional residential dwelling units per gross acre are the maximum
affordable-workforce housing density bonus (AWHDB) available to that development.
Developments with percentages of affordable-workforce housing units which fall in
between the percentages shown on Table 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 (AWHDB) of 4.4 residential dwelling units per gross
acre for the development.
In no event shall the affordable-workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
P:\CPWin\History\070529 _0001 \3040.07
Page 14 of 32
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Summary Table
(1) Base density 3.96 units per acre.
(2) Gross acreage 29.69
(3) Density Bonus= 3.0 dwelling units per acre calculated as follows:
One density bonus units per acre for 10% of the units being
sold to individuals or families earning between 81 % and
150% of the MI and two density bonus units per acre for
10% of the units being sold to individuals or families earning
between 61% and 80% of the MI.
(4) The total number of units is 207 of which 21 units will be being sold
to individuals or families earning between 81 % and 150% of
the MI and 21 units will be sold to individuals or families
earning between 61 % and 80% of the MI. The total number
of affordable units for both GAP and Work-force housing is
42 units or 20% of the total number of units.
P:\CPWinIHistoryI070529 _000113040.07
Page 15 of 32
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
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 n/a
(Gan)
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.
P:ICPWinlHistoryl070529 _000113040.07
Page 16 of 32
APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and
Ordinances, moderate income is 61% to 80% of the median income, low income is 51%
to 60% of the median income and very low income is less than 50% of the median
income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 ~ ~ ~ ~ ~ I !l
150% 73,350 83,700 94,200 104,70 113,10 121,50 129,90 138,15
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
(L1HTC) programs. The rents given below are based on 2001 data from FHFC. Utility
costs are provided from the County's Section 8 Rental Assistance Program which is
administered by the Collier County Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
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
P:\CPWinIHistoryI070529 _ 0001 \3040.07
Page 17 of 32
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
P:ICPWinlHistoryl070529 _000113040.07
Page 18 of 32
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:_
RacelNational Origin: Handicap: Yes _ No_
RacelNational Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
City
State
Zip
Telephone No.
Monthly $
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
P:\CPWin\History\070529 _0001 \3040.07
Page 19 of 32
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)
1. Name:
Address:
How Long Known:
J.-2. Name:
Address:
How Long
Known:
P:ICPWinlHistoryl070529 _000113040.07
Page 20 of 32
APPENDIX B. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
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
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
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
P:ICPWinlHistoryl070529 _000113040.07
Page 21 of 32
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Co-Occnpant
Amount Frequency
Received of Pay
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ - $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, 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 22 of 32
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
,2007.
(notary seal)
Notary Public
My Commission Expires:
P:ICPWinlHisloryl070529 _000113040.07
Page 23 of 32
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATEOFFLORIDA )
) 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
,2007.
(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 UNIT.
P:ICPWinlHistoryl070529 _000113040.07
Page 24 of 32
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 accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Housing and Grants Section.
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. 29.69 acres
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes No
If yes, state date of application Filed initiallv in 2005 and resubmitted as Affordable 6/2006 and if the
request has been approved, state the Ordinance number N/ A.
3. Gross density of the proposed development. 6.97 units/acre.
Gross acreage of the proposed development. 29.69 acres.
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes _No.
If yes, please state name and location of the PUD and any other identifying information. The
Boxwood RPUD is located in the northwest half of Section 26. Township 48 South. Range 26 East.
approximatelv Vi mile east of the intersection of Collier Boulevard (CR-95I ), and Immokalee Road
(CR-846).
5. Name of applicant Home Dynamics Naples. LLC
Name ofland developer ifnot the same as Applicant: Same
P:ICPWinlHistoryl070529 _000113040.07
Page 25 of 32
6. Please complete the following tables as they apply to the proposed development.
P:ICPWinlHistoryl070529 _000113040.07
Page 26 of 32
TABLEt
Total Number of Units in Development
Type of
Unit
Rental
Owner
Occupied
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
207
TABLE II
Number of Affordable- Workforce Housing Units
Total Number of
Affordable-Work-
force Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Rental
Owner
Occupied
GAP INCOME
81-150% MI
Efficiency
I Bedroom
2 Bedroom
10% of approved density
ifbase density is exceeded
3 Bedroom
Other
TOTAL
10% of approved densitv ....AlL
(if base density is exceeded)
P:\CPWin\History\070529 _0001 \3040.07
Page 27 of 32
WORKFORCE INCOME
61-80% MI
Efficiency - -
1 Bedroom
2 Bedroom 10% of approved densitv ---.AlL
(if base density is exceeded)
3 Bedroom
Other
TOTAL 10% of approved density ---.AlL
(if base density is exceeded)
LOW INCOME
51-60% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL ~ ~
VERY LOW INCOME
50% OR LESS MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~
~
P:ICPWinlHistoryl070529 _000113040.07
Page 28 of 32
7. Please provide a physical description of the affordable-workforce units by type of unit (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.
All homes in the Boxwood PUD, including the homes reserved for affordable-workforce
income purchasers, will share many common features:
OUTSIDE
Mediterranean S-Style cement tile roof
Brick paver driveway, walkway, porch & patio
Covered entry
Covered patio
Professionally landscaped, fully sodded homesite
Stucco exterior with skip trowel finish & decorative bands
New hurricane code construction
Built to new Florida building codes
Hurricane shutters on all exterior windows & sliding glass doors
Raised panel steel garage door, pre-wired for door opener
Coach light at garage
White electroplated aluminum window frames with screens
Six panel entry door
Vented stucco soffits
Weatherproof GFI electrical outlets
Two hose bibbs
P:ICPWinlHistoryl070529 _000113040.07
Page 29 of 32
Ten year structural warranty
Termite treated foundation
Steel reinforced concrete foundation
INSIDE
13" X 13" Ceramic tile flooring in kitchen, baths & foyer in choice of colors
Upgraded stain-resistant carpeting in choice of colors
Upgrade 7/16" 61b. density padding
High-efficiency central air conditioning & heating system with programmable thermostat
Air conditioned laundry area with ceramic flooring & convenient vinyl shelving
Full size washer & dryer
40 gallon double element, quick recovery, energy efficient water heater
Front door chime
Two Panel with inset arch interior doors and upgraded thumb--Iatch handle set at entry door.
Raised panel bi-fold doors on closets
Walk-in closets in all master bedrooms with A/C vents
Ventilated shelving in all closets
Energy-efficient R-19 ceiling insulation
Colonial baseboards throughout
Smoke detectors
Marble window sills
All bedrooms & living room pre-wired for cable
All bedroom, living room & kitchen pre-wired for telephone
Pre-wired for ceiling fans in all bedrooms & living room
Circuit breakers
KITCHEN
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18 cubic foot frost free refrigerator equipped with icemaker
30" self-cleaning oven range with four burners
Built-in microwave with hood light
Multi-cycle dishwasher
Choice of white or bisque appliances
Stainless steel double basin kitchen sink
Food waste disposal
European-style upper & lower cabinetry with easy-care mica counter tops
Pantry for added storage
Breakfast area in selected models
13" x 13" ceramic tile flooring
BATH
Shower stall with clear glass enclosure in master bath
Decorator faucets in all baths
Elongated commode in all baths
13" x 13" ceramic tile flooring
6" x 6" ceramic tile on walls in the wet areas
Medicine cabinet in master baths
42" high mirrors in all baths
Decorator lighting
Mica vanity with drop-in porcelain sinks in baths
Features may vary depending on home selection. Builder reserves the right to substitute
equipment, materials and appliances. Features, specifications, dimensions, designs and
prices subject to change without prior notice.
P:ICPWinlHistoryl070529 _000113040.07
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The homes reserved for affordable-workforce housing purchasers will be two and three
bedroom, two bath units in multi-family buildings. Each home will be owned by the
purchaser.
All of the Boxwood homes will have periodic exterior painting provided for by the Boxwood
Community Association. The monthly homeowner's fee will also cover the cost of basic
cable television service, common areas and a community cabana, bath and pool area, where
residents and guests may swim or just relax. The monthly fee has not yet been finally
determined, but is anticipated to be approximately $180 per month.
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.
P:\CPWin\History\070529 ~ 0001\3040.07
Page 32 of 32
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 2007-55
Which was adopted by the Board of County Commissioners
on the 26th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of June, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
'. ,?;,