Loading...
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 ~~ '" <>7U' ","" '%' ~ ~ ~\ I i-'JUl2007 <1, ~ RECHVEll,~ <Pc' 'l,(J/ <c"' "i,\'~ .9~S<?vl€{.? 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 _ 0 j'!' I- IOjm Pi~ ~ ! o '" I ~ i ~" ." I ! . :I. 1'1 ,II . Ond-BnlO ^~lNnO:J <~~ 1118H3CNV^ , ' " , ' < _ _ '~~\ .(~===== ====~:;';=,~;iui~~==~~~=======-=~ < I I " " 0",1 I <ell' ;;:::~ I I <91 , ~5: : .......all, ,0' I UZ I . ~I: : ~ " " , , , , " " ~~:: " , I " " " " , , , , " " " , , , , : :::1 I : ~ " " I' , I " , , , , / / irir'1i"5 / /' ~SlID'" $~ VI""~ lof .c~~~ /.....~ 0 " /.Y~) '" , ~/,,'" II I I II / I / / l / __J~--~/I ,......,/ - -~"... l I I i e ~ I ~ : ... ~ @@@ g >o:~:~~lOij '..!I:JN'~d o - z 5 . . :~ ~~ ~~ "" .~ ;.-,0; -0 .z o. '<,,6 . 0 ~~~ ~.> Q:~~ ~C11- ffi....:'5 o. '2:2~ 8 ~ (J;5 ". I 0" I z5 ' (lffi I ~;; I !tj;i I ~ I I I I I I I I I I I I I I I I 1 I 1 ,I ./~.-1 II F.'- - ~r/:-\ , ,'-oJ (' , 'I !II\\M . ,I l ' I \ ','I' ,,: . : I \\, ."~ ',I II'~r :,~ . " . , iii" . . \" :J....~.l r /. .,. g. . j I . ( jll' i ' 11d<!: Lj~ . , . : . '1 I .8 p:;.;;.~o;d- ,: I ~5 ~. ! II ~~ : I u. : I ~F i 'r"' i I : I l=--=-~ .I~~=~~~L~_ _ l'l'NVO -- ~ z e, ..' o ill -' C ~z Q,C OlE u" 8~ g~ Q, " ~ , ~ ~ .~ -. % "0 ~ "'" "'~ . ~'" U i " m . ..~ . t: . o ..... .. ~ .. " '" ~ ::::!>>Cl m"''' "'~~ w % I o "m % 0" -<U~ > U o "'"""* f~~'" J~~ "Jli i1fJ i . '" ~ i!:~~~ z ~vi " ~.~~ "'~ ~liQ.~ ei ~o III ~~"lii ZN 0 "" ~",%~ ~" ~~" -~ ~rj ~-<do ~(;l --< ~zz o~ j~ Cleo( z::'J~ :gee ~~~~ ~o."" 0% ~.~~ " ~;g ~" ~~ g" O~ v;<o.. ~ ~~!!?iS 0 gl'5ff 0" ~~ WW <!$!.....F 'fix ~~~~ " ....J<ri< <I ~1s!5 ". ~w ~~~ ZU _~1n1oJ U -< -(5'~ Z< .1~<Ii ,,~ 6lj~gj!: ~51 ",a.::i "w .z i5vi": ~oi Z ~~~!< ~~ "' XN ~." . <0 _-,0 " " Cl ;:) lL a: 0 Cl .. ~ to! to! to! " 0 I ~ v v to! V o ~ ~ 8 ~ ~ ~ ~ 0 i ~ N ~ ~ . ~ m . 0 ~ __ o<1l~:5i8 . . . . )( ~ ~ '" '" ; ~ ~ ~ ~ 0 \3 5 ~ ~ ~ ~ ~ ~ ~ III ..<~:i~5555 ~I ~~~o:o:g;"'<< ...-, ..., N :: 0 <oJ ~ in ~ w - . ~ g: .~ > w . . > ~ , " I . w ~ . ~ w " ~ a ~ ~ ~ 0 ~ a z 0 " ~ ;i.1j ~ < z ~ 8~~~<:'l"'~~--' -< ~ ~ ~ 0.. ~ ~ 2 ~ [ ~ ~ I .'.]o." ,,,,",,,,-, II .~: c:i II ~ Iii > 1 ~ ![iJ :<1: ~' ill: or "Ii I: II ,I :;j I' (jQ u "" ~~$~ ~~~~ f"'Vi'" w. ." " !ll ,"" " Z Z o N % iEg "'~ "", o " m 8 z__:~ ~ ~96-l:l0 -.-.....--.". """"",,,....., -_....",,-,,_--.. It) I 5 0 u ,... II ~ ..... <'l II lil ~ I ~ I ~ 'M'O'~ ~ ~ <'l o :: I ~ I I (!;j II .., J, ~ :: I 8 ~ S. <'l ! in i I ~ I ~ ~ . t.. Cz ~ lD ~ :::>>0..- 0 @@)@) c:L-, c.. a:....O 0 ':', rH)lS Cw.... .... .... OCl)i :::: .:.: :::: i~:E :::: .... ~ :::: X .X b~ .... .... oqw .... .... .... Z --< ~ IDa: Q, ~ d Ii ~ . ~ 0-< -Q, ~ ,'. ::: :. .' .: :: " c.. . ~- .. I in 'M'O'~ ~ ~ u ~ o ~3S . ~ o 3Nn~VM b ~ l;'~ ~ a ~ i >~ f'" . >~ '"": 0 e .;:1;. ~ '" 8...JN .D C u. 8 w i~ ,,) ] ~ ~t:!."'O. '0 O>~..~ 0: ~ u. ~ F o < Ii ~ ... N N I ... ~ ; : "<M.18 AIIOINYO ~ "Mol. ....Hf18NyO (I] II II -I II -I , , Ii - II " . III ~. , , =lll . I 'j , " !;Ii '; . w w ~ Z ~ Z ; \.>~::i b,,:J ~l~ l~~ 0,,", ~ :~ . ",w Z.... ~S~ QD-~ "0" ~z.. ~:J::r ~I::~ cn!::~ .," ""' 0 0 Z Z ; 33V1cI rJI1 :JN0.1811HYd UIi 1o::::J , , , ' ! Ii ! ~:~ -" ,-----. \~ i , , ---1 ii ~ N , I 0 ~ ,... iI ... I ~ I N ! ~ i ~ p'l :11 1'1 II! .. .. .. UI 0. 0 lfl!j ..0: "u a .... "," ..ljl ~u z !!l 0. .. f~li~ i~ I II J~ w z w:J ~~ III ... z.. 00 ""' 0" ~Iii ~ i ! ! I: Ii', Ii i II r Q ::::I II. Ill: N 0 Q 0- 0 , i " .. >< 0 III ! _..__.. "'""'"_".....,__..__,,o\_.._""'~ 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 ~~__"_~,_,,,,,, _"" n,.' _ ,,-,__..__ I III o )C \: ~ 10 .. c " :Ill " 5 I III I~h~ ..J~;i M.l ... !i o Gl .. II () .() I"" a ~l;l 0." :c! .. ml"" () ... i . I II 'P ~ I :; : ~ ' ~ I i I ~ ! .. I . " I . ! , ~- ~~ , I. " , . ~ ~ , , @" , ,; e' " I , , ~ i · ~ S III , m ~ - i 0 , z ~ '. ~ . ~ : . ,I~ , , . ~ ~ ~ ~ - , III ~ , . e, ,Ie . I , , P/I~TYU'IE ! ~ f. "2 Q ~ ,i~ ~ I , z ! - ~- . ~ !b. , I' " , - III ~ m i ~ ! . - i ~ 0 ~ ;0 Z . . -. t , e' ,> ; , , L. , I; ~Ii' , >'flOPl'~TY UN!' I: ~ Q ~ ~ z III ~ " ~ Z --'z c:FI-~lI_______ --------- .- -----------......... , - - ~---==-~A.l.. _= :::=.::;:::::1=-__ = r Jo 11 1 Jo I "I I I fi .. 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. P:\CPWin\History\070529 _0001 \3040.07 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 P:\CPWin\History\070529 _0001 \3040.07 Page 30 of 32 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 Page 31 of 32 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 '. ,?;,