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Backup Documents 10/25/2022 Item #17DCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a'/+ page (300) advertisement. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear.) Originating Dept/Div: GMD/Zoning. Person: Eric Ortman, Principal Planner Date: September 23, 2022 Petition No. (If none, give a brief description): PL20210003155 Petitioner: (Name & Address): Hole Montes, Inc. Stephanie Karol 950 Encore Way Naples, FL 34110 Name & Address of any person(s) to be notified by the Clerk's office: (if more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: Collier County Board of County Commissioners (BCC) at 9:00 A.M., October 25, 2022 (Based on advertisement appearing 20 days before hearing.) Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Account #323534 Other Legally Required Purchase Order No. 4500212968 Proposed text: (include legal description & common locations & size): Legal Section Non -Legal Section Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes, what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: 3 - -113 1 Z Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager. Note: if legal documents are involved, be sure that any necessary legal review, or request for same, is submitted to the County Attorney before submitting to the County Manager. The County Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised O 17 0 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: 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 ESTABLISHED 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 AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA — WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI -FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57f ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210003155) (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management 17 p Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: /s/ Deputy Clerk (SEAL) 170 ORDINANCE NO.2022 - 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 ESTABLISHED 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 AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA - WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI- FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57f ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210003155] WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing Greystar Development East, 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 Sections 9 and 16, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District and Planned Unit Development (PUD) Zoning District known as Waterford Estates PUD to a Residential Planned Unit Development (RPUD) for a 21.57t acre [22-CPS-02190/1745094/11128 Santa Barbara - Whitaker /PL20210003155 Page I of 2 9/19122 project to be known as Santa Barbara — Whitaker RPUD, to allow construction of a maximum of 216 multi -family dwelling units in accordance with Exhibits A through F attached hereto 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: Ordinance Number 91-31 which created the Waterford Estates Planned Unit Development is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2022. ATTEST: CRYSTAL K. KINZEL, CLERK By: , Deputy Clerk Approved as to form and legality: y� Heidi F. Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development and Design Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Development Commitments BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 122-CPS-02190/ 1745094! 11128 Santa Barbara - Whitaker %PL20210003155 Page 2 of 2 y/ 19/22 William L. McDaniel, Jr., Chairman 11D EXHIBIT A SANTA BARBARA - WHITAKER RPUD PERMITTED USES 1. MAXIMUM DWELLING UNITS A. The maximum number of dwelling units shall be two hundred sixteen (216). 2. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: I. Multi -family dwelling units; and 2. 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) or the Hearing Examiner (HEX), as applicable, by the process outlined in the Land Development Code (LDC). B. Accessory Uses: I. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as a clubhouse, gazebos, and swimming pools; and 2. Temporary construction 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 LDC Section 5.04.01. 3. PRESERVE/TRACT P 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: A. Principal Uses: . Preservation of native habitat. B. Accessory Uses: Page I of 9 11',2021+2021162\WPTI,IDTPost CO'C''Santa Barbara —Whitaker RPUD Document (PI.-202100031>5) (9-16-2022) docx 17 I . Passive recreational uses; 2. Stormwater management structures and facilities, 3. Pervious and impervious pathways and boardwalks, consistent with the LDC; 4. Benches for seating; and 5. Conservation -related and recreational activities as allowed by the LDC. Page 2 of 9 11 \2021 CO21 162\WPvPUDT.Post C('PC`Santa Barbara —Whitaker RPUD Document IPI. 1-02I00o31551(9-16-2022) docx 17p EXHIBIT B SANTA BARBARA - WHITAKER RPUD The table below sets forth the development standards for land uses within the Santa Barbara - Whitaker RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan or Subdivision Plat. PERIMTER RPUD SETBACK: The perimeter RPUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers, but no less than 10 feet. nVVV1<.nPMF.NT cTANDARDS TABLE L1J ♦ LLV� a — - - DEVELOPMENT STANDARDS MULTI -FAMILY DWELLINGS Tract R CLUBHOUSE/ RECREATION BUILDINGS Structures -Principal MIN. LOT AREA 43.560 S.F. N/A MIN. LOT WIDTH 150 ft. N/A MIN. FLOOR AREA 600 S.F. N/A MIN. FRONT YARD — SUNSET BLVD. 85 ft. 85 ft. MIN, FRONT YARD — WHITAKER ROAD 85 ft. 85 ft. MIN. FRONT YARD — SANTA BARBARA BLVD. 25 ft.' 25 ft.' MIN. SIDE YARD 10 ft. 10 ft. MIN. REAR YARD 10 ft. 10 ft. MIN. LAKE SETBACK2 0 ft. 0 ft. MIN. PRESERVE SETBACK 25 ft. 25 ft. MIN. DISTANCE BETWEEN STRUCTURES GREATER OF 15 ft. or '/z BH GREATER OF 15 ft. or '/2 BH MAX. HEIGHT ZONED 3 STORIES NTE 45 ft. 30 ft. MAX. HEIGHT ACTUAL 52 ft. 35 ft. Accessory Structures MIN. FRONT YARD — SUNSET BLVD. 20 ft. 20 ft. MIN. FRONT YARD — WHITAKER ROAD 10 ft. 10 ft. MIN. FRONT YARD — SANTA BARBARA BLVD. SPS SPS MIN. SIDE YARD SPS SPS MIN. REAR YARD 5 ft. 5 ft. MIN. LAKE SETBACK' SPS SPS MIN. PRESERVE SETBACK 10 ft. 10 ft. MAX. HEIGHT ZONED/ACTUAL 25 ft. 25 ft. wTTn--......1;'.W., SPS = same as principal structures; N I h = not to exceea; .].r. = syuaic TccL, uu — w.......g .. •b.••e • • • - ' The 25 ft. setback may be reduced to 20 ft. in the location depicted in the PUD Master Plan. 2 Measured to the lake maintenance easement. Page 3 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara — Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 17 �3 fowl Y D A DDDD� c m MMM(0 ;oNp�pop V V tV.1 W Pm i z a m; X i x � r n T y ZONING: 0 AGRICULTURAL !(zw mg S lip .... 1 C m ---fry-----�- - > _4c r -- A 0 o i I C M3 L---------- N __.._.......................�----------- -------------- > 9 . n ` IM H ' m il--------�— ------ -J0mr,— — p c� MS/ , ein r i ARCHITECTS °n,_ SANTA BAR BARA VMITAKER RPUD Er;T:, � ON -r HTE T rE FL- I Page 4 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara —Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 170 EXHIBIT D SANTA BARBARA - WHITAKER RPUD LEGAL DESCRIPTION PARCELI: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT PARCEL 118, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. PARCEL 3: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND LESS PARCEL 116, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF AND LESS PARCEL 114, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. Page 5 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara — Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 170 EXHIBIT E SANTA BARBARA - WHITAKER RPUD LIST OF DEVIATIONS Deviation 1 (Preservation Standards) requests relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires that preservation areas shall be interconnected within the site, to allow preservation areas that are not interconnected as shown on the Master Concept Plan. Page 6 of 9 HA2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara— Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 17 D EXHIBIT F SANTA BARBARA - WHITAKER RPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for RPUD monitoring until close-out of the RPUD, and this entity shall also be responsible for satisfying all RPUD commitments until close-out of the RPUD. At the time of this RPUD approval, the Managing Entity is Greystar Development East, LLC, Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of RPUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state of federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum total daily trip generation for the RPUD shall not exceed 113 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 3. ENVIRONMENTAL A. The Santa Barbara - Whitaker RPUD Master Plan provides ±15.94 acres of existing native vegetation. The minimum required native preservation is t3.99 acres (25% of Page 7 of 9 H:\2021\2021162\WP\PUDZ\PostCCPC\Santa Barbara — Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 17, 0 ±15.94 acres of existing native vegetation). The Master Plan preserves 7.03 acres of native vegetation on site within Tract P. B. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet the requirements of a Type `D' buffer along the western boundary and a Type `A' buffer along the northern and southern boundaries of the RPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. C. A listed species management plan will be provided for the project at the time of development approval. The management plan will address how listed species will be protected, including the listed plant species observed within the development footprint and proposed preserve areas. The plan will also address black bear (Ursus Americanus Floridanus) management and will include the informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and title "A Guide to Living in Bear Country" which provides background information on the identification, habits, and protection of the Florida black bear and will be distributed to future residents and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for residents who may experience bear problems. The project will utilize bear -proof dumpsters. 4. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, the developers have agreed to construct 43 rental units for residents in or below the low income category (80 percent or less of County median income). These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units, including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. Page 8 of 9 H:\2021\2021162\WP\PUDZ\PostCCPC\Santa Barbara —Whitaker RPUD Document (PL-20210003155) (9-16-2022).docx 17D 5. UTILITIES A. In accordance with Subsection 2.2.2 of the Design Criteria (Section I of the Utilities Standards Manual) established by Ordinance 04-31, as amended, the Owner will extend an 8" (min.) water main along the south side of Whitaker Road, between Sunset Boulevard and Santa Barbara Boulevard. Where an existing water main is not available for connection, a stub -out will be provided in accordance with the latest version of standard detail drawing W-1 in the Collier County Water -Sewer District Utilities Standards Manual. The water main will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance (04-31, as amended) at no cost to the County or District prior to or concurrent with final acceptance of utilities. 6. EMERGENCY MANAGEMENT A. The developer shall provide, prior to issuance of a certificate of occupancy for the development, a new, quiet -running extended run-time towable 45kw (minimum -kw) generator per Emergency Management's specifications. The towable generation will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre -approved by the Department of Emergency Management as the County has certain interoperable standards and required safety options. Page 9 of 9 HA2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara — Whitaker RPUD Document(PL-20210003155) (9-16-2022).docx 17 o 0 Cope LN A io-o a a re RD paLJWhitaker RD Whitaker RD o Project �A dkinsLocation AVE Everett ST 17 o Martha S. Ver ara From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Sent: Friday, September 23, 2022 11:19 AM To: Minutes and Records Cc: GMDZoningDivisionAds; OrtmanEric; Bob Mulhere; RodriguezWanda; BradleyNancy Subject: 10/25 BCC ad request Santa Barbara -Whitaker RPUD PUDZ (PL20210003155) Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request.pdf; Ordinance - 091922.pdf Good morning, M&R Team! Here is an ad request for 10/25 BCC and needs to run on 10/5, please. Thank you! Andrew Youngblood, MBA Operations Analyst Zoning Division Co per County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rewyoungblood(a-)colliercountyfl.gov Under Florida Law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity instead. contact this office by telephone or in writing. 170 AM. #323534 September 23, 2022 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PUDZ-PL20210003155, Santa Barbara RPUD (Display Ad w/Map) Dear Legals, Please advertise the above referenced notice Wednesday, October 5, 2022 (display ad w/map) and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.#4500212968 17 D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 ESTABLISHED 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 AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA — WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI -FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57t ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. [PL202100031551 (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days 170 prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 170 Cope LN A �4--)Whitaker RD Whitaker RD o Project � Location AVE Everett ST Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 September 23, 2022 Hole Montes, Inc. Attn: Stephanie Karol 950 Encore Way Naples, FL 34110 Re: PUDZ-PL2020210003155, Santa Barbara RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 25, 2022, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 5, 2022. You are invited to attend this public hearing. Sincerely, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Enclosure 17 Phone- (239) 252-2646 Website- www.CollierCierk.com Fax- (239) 252-2755 Email- CollierClerk collierclerk.com 17 fl Martha S. Vergara From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 11:24 AM To: Martha S. Vergara; GMDZoningDivisionAds; RodriguezWanda Subject: RE: PUDZ-PL20210003155 Attachments: RE: URGENT FW: PUDZ-PL20210003155; RE: URGENT FW: PUDZ-PL20210003155 We have approval from planner and applicant. Andrew Youngblood, MBA Operations Analyst Zoning Division Cio ler County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew. you ngblood(a-colliercountyfl.gov From: Martha S. Vergara<Martha.Vergara@collierclerk.com> Sent: Tuesday, October 4, 2022 10:28 AM To: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: PUDZ-PL20210003155 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, I'm following up on the attached ad proof. We are nearing our 3:00 PM EST approval deadline, and I wanted to ensure no changes were needed. Please let me know if you have any questions. Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@�annett.com • NETWORK ATODAY LOCALIQ Hello, We have your proof ready for your review (attached), please see the ad run details below as well - Ad# - GC10953716 IO/PO - PUDZ-PL202100031SS !? a Publication - Naples Daily News Section - Main/ROP Size - 3X10 Run Date(s) - Oct. 5 Affidavit - yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note: The deadline for approval is 10/4/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@ciannett.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. Under F!CJiIt;7 3 '. �'v�r' cd addresses ate n_?,lic ecct s 1t y3� . a('. f �;� ,J-i!1t jcl �' iraO ar-i'd"es iele's�3S(?.; ;i- • sp) ise r( rlo� sen(i e ectt -, C na ,; I, -,ills entliv i stE aC O!it�3Ct [NsofflCe C`✓ ta�eph,r lle )( "i `,yf{fj{l� 2 is Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 12:09 PM To: Minutes and Records; Martha S. Vergara Cc: GMDZoningDivisionAds; YoungbloodAndrew; OrtmanEric Subject: proof approval: PUDZ-PL20210003155 Sta Barbara -Whitaker RPUD - 10/25 BCC Attachments: adGC10953716rev.pdf, RE: PUDZ-PL20210003155 Attorney approval is below, and staff and applicant approvals are attached. Thank you, Wanda Rodriguez, ACP, CP-9w Office of the County .Attorney (239) 252-8400 From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 11:19 AM To: RodriguezWanda <Wanda.Rod riguez@col liercountyfl.gov> Cc: BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: FW: **URGENT** Proof for approval: PUDZ-PL20210003155 Sta Barbara -Whitaker RPUD - 10/25 BCC Approved. Thank you! r•teld� �kstitovL-C%c12o MCIK4gw�o AssistavLt Couvvtu ,4ttorKt 0 f face of the CovmtU AttorotU 2200 North Ftorseshoe Drive, .suite soi Naples, FL 34104 (239) 252-97773 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.Rov> Sent: Tuesday, October 4, 2022 10:35 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Cc: BradleyNancy <Nancy.Bradley@colliercountyfLgov> Subject: **URGENT** Proof for approval: PUDZ-PL20210003155 Sta Barbara -Whitaker RPUD - 10/25 BCC Heidi For your approval, urgent attention needed as this ad is to run tomorrow. Thanks, 170 Wanda Rodriguez, MCP, CP-'AvI Office of the County .Attorney (239) 252-8400 <ta"f'fo oil n h From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Tuesday, October 4, 2022 10:28 AM To: YoungbloodAndrew <Andrew.Youngblood@ col liercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountvfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: PUDZ-PL20210003155 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, I'm following up on the attached ad proof. We are nearing our 3:00 PM EST approval deadline, and I wanted to ensure no changes were needed. Please let me know if you have any questions. Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@gannett.com NETWORK LOCAUQ Hello, We have your proof ready for your review (attached), please see the ad run details below as well - Ad# - GC10953716 IO/PO - PUDZ-PL20210003155 Publication - Naples Daily News Section - Main/ROP Size - 3X10 Run Date(s) - Oct. 5 Affidavit - yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note: The deadline for approval is 10/4/2022 3:00 PM EST. Thank You Jennifer DeWitt 2 Account Coordinator I SMB-Classifieds 17D ildewitt@gannett.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at colliercierk@colliercierk.com and delete the email. Under Florida Law, email addresses are public. 70 YL'}i r :lit p_rrvl i r-e!,:,, e(iIII ��r Q 'a1A1 7l; ( , ser ., rj:, +.. (; +.,.,a, ff�!S �n�.I�� i!'.c'p-� + �^1 r' "IIS vt+l+;' il'V tee E)ph0t e ( ,. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 ESTABLISHED 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 AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA - WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI -FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57: ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210003155] Cope LN A ClRD 04 a a �Whitaker RD Whitaker RD Project U Location AVE Everett ST A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ND-GC10953716 170 . !? Q Martha S. Vergara From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 11:24 AM To: Martha S. Vergara; GMDZoningDivisionAds; RodriguezWanda Subject: RE: PUDZ-PL20210003155 Attachments: RE: URGENT FW: PUDZ-PL20210003155; RE: URGENT FW: PUDZ-PL20210003155 We have approval from planner and applicant. Andrew Youngblood, MBA Operations Analyst Zoning Division Co ler County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew. you ngbloodCa�colliercountyfl.gov From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Tuesday, October 4, 2022 10:28 AM To: YoungbloodAndrew <Andrew.Youngblood@coIliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rod riguez@coIliercountyfl.gov> Subject: FW: PUDZ-PL20210003155 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, I'm following up on the attached ad proof. We are nearing our 3:00 PM EST approval deadline, and I wanted to ensure no changes were needed. Please let me know if you have any questions. Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@gannett.com •USA TODAY NETWORK Hello, LOCAU0 We have your proof ready for your review (attached), please see the ad run details below as well - Ad# - GC10953716 lO/PO - PUDZ-PL20210003155 r 17 0 +� Publication -Naples Daily News Section - Main/ROP Size - 3X10 Run Date(s) - Oct. 5 Affidavit - yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note: The deadline for approval is 10/4/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@gannett.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. a ca 3,iU�Lb,ies ,��) U� av yv� J� �s�Ii_yf ;f 71a1� �� "_'.�� ;:!��S@Ci In "eSC10�iS� r,; UlI G'r?`, S '::C U' >:'.. SE( �3Ir,,,ri 3. i(. ` rS -i'JiFc]d c,-;ntacf 'ills off ? "21epilone a i;i miring E 170 011111 NaVIC64:3aftil News PART OF THE USA TODAY NETWORK PuUllshed Daily Naples, FL 34110 BCC ZONING DEPARTMENT 3299 TAMIAMI TRL E 700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Fkxida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 10/6/2022 Subscribed and swom to before on October 5th, 2022 Notary, ate of ounty rown My commissi a fires: PUBLICATION COST: $1,008.00 AD NO: GC10953716 CUSTOMER NO: 505868 POff: PL20220003152 AD SIZE: DISPLAY AD W/ MAP 3X10 NANCY HEYRMAN Notary Public State of Wisconsin 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 ESTABLISHED 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 AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA- WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI -FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57s ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210003155] Cope LN A a a Cr 11- M [ RD v' rig a 04-L--)Whitaker RD Whitaker RD c Project AVE Location Everett ST A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-a369 or email to Geoffrey.Willig®colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101. Naples. FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) vo-rrn:a:nc 170 w J J 0 ORDINANCE NO. 2022 - 4 0 CL F- a. 2 .- 0 AN ORDINANCE OF THE BOARD OF COUNTY wZ COMMISSIONERS OF COLLIER COUNTY, FLORIDA N AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH o_ a 0 n ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS GO N 1- a FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, C° o E CC N FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS o 0 1- � � w , MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION o o 0 OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE N w " "c, RURAL AGRICULTURAL (A) ZONING DISTRICT AND PLANNED &- o Y `u UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS o WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED — " UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA - WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI- FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. IPL202100031551 WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing Greystar Development East, 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 Sections 9 and 16, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District and Planned Unit Development (PUD) Zoning District known as Waterford Estates PUD to a Residential Planned Unit Development (RPUD) for a 21.57± acre [22-CPS-02190/1745094/11128 Santa Barbara-Whitaker/PL202 1 0003 1 5 5 Page 1 of 2 9/19/22 170 project to be known as Santa Barbara— Whitaker RPUD, to allow construction of a maximum of 216 multi-family dwelling units in accordance with Exhibits A through F attached hereto 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: Ordinance Number 91-31 which created the Waterford Estates Planned Unit Development is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this a 5 14 day of 0 c / 2022. ATTEST: T p, BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZELc CLERK COLLIER CO ' - •RIDA ( €) By: By: Attest as it; ,i►aitr+a Deputy Clerk W. am L. McDaniel, Jr., Chairman Bundy( Qt f; Thie ordinance flied wMt the Approved as to form and legality: SocirorY of Stai0_ Office the of day _ , v2 and acknowledgeme that 0`' N`- oMina Oli ved this + Heidi F. Ashton-Cicko 6y , Managing Assistant County Attorney am, Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development and Design Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Development Commitments [22-CPS-02190/1745094/11128 Santa Barbara-Whitaker/PL20210003155 Page 2 of 2 9/19/22 170 EXHIBIT A SANTA BARBARA- WHITAKER RPUD PERMITTED USES 1. MAXIMUM DWELLING UNITS A. The maximum number of dwelling units shall be two hundred sixteen (216). 2. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: 1. Multi-family dwelling units; and 2. 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) or the Hearing Examiner (HEX), as applicable, by the process outlined in the Land Development Code (LDC). B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as a clubhouse, gazebos, and swimming pools; and 2. Temporary construction 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 LDC Section 5.04.01. 3. PRESERVE/TRACT P 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: Page 1 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 170 1. Passive recreational uses; 2. Stormwater management structures and facilities; 3. Pervious and impervious pathways and boardwalks, consistent with the LDC; 4. Benches for seating; and 5. Conservation-related and recreational activities as allowed by the LDC. Page 2 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 170 EXHIBIT B SANTA BARBARA-WHITAKER RPUD The table below sets forth the development standards for land uses within the Santa Barbara - Whitaker RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan or Subdivision Plat. PERIMTER RPUD SETBACK: The perimeter RPUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers, but no less than 10 feet. DEVELOPMENT STANDARDS TABLE DEVELOPMENT STANDARDS MULTI-FAMILY CLUBHOUSE/ DWELLINGS RECREATION (Tract R) BUILDINGS Principal Structures MIN. LOT AREA 43,560 S.F. N/A MIN. LOT WIDTH 150 ft. N/A MIN. FLOOR AREA 600 S.F. N/A MIN. FRONT YARD—SUNSET 85 ft. 85 ft. BLVD. MN. FRONT YARD— 85 ft. 85 ft. WHITAKER ROAD MN. FRONT YARD—SANTA 25 ft.' 25 ft.' BARBARA BLVD. MIN. SIDE YARD 10 ft. 10 ft. MIN. REAR YARD 10 ft. 10 ft. MN. LAKE SETBACK2 0 ft. 0 ft. MN. PRESERVE SETBACK 25 ft. 25 ft. MN. DISTANCE BETWEEN GREATER OF 15 ft. or GREATER OF 15 ft. or STRUCTURES 'h BH '/2 BH MAX. HEIGHT ZONED 3 STORIES NTE 45 ft. 30 ft. MAX. HEIGHT ACTUAL 52 ft. 35 ft. Accessory Structures MN. FRONT YARD—SUNSET 20 ft. 20 ft. BLVD. MIN. FRONT YARD— 10 ft. 10 ft. WHITAKER ROAD MN. FRONT YARD—SANTA SPS SPS BARBARA BLVD. MN. SIDE YARD SPS SPS MN. REAR YARD 5 ft. 5 ft. MIN. LAKE SETBACK' SPS SPS MIN. PRESERVE SETBACK 10 ft. 10 ft. MAX. HEIGHT ZONED/ACTUAL 25 ft. 25 ft. SPS=same as principal structures;NTE=not to exceed;S.F.=square feet;BH=building height;N/A=not applicable The 25 ft. setback may be reduced to 20 ft. in the location depicted in the PUD Master Plan. 2 Measured to the lake maintenance easement. Page 3 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-202 1 0003 1 5 5)(9-16-2022).docx 170 ZONING' AGRICULTURAL $ 4— E A N-' Q IyCu 1p UJ m IN �{4 s .m.Wppy 40 g oO. PXII i, ilrob.': : hfl!h 1 3 k 1 i i;1- , 9A � .err r i C c. P8M '"� a 1 i -. T . g ;A N L�6 G • • •" J." ,1 CND co 55 vA z V m b Do = Cs O girt i p AG, .,.,, • : . L ill& • -4 1 -1A4+ITA ERf G, - TZ :r 1 : ::{� , D • Pi ��77 ;i' i I \\ -- 1 xi qDDD'D '� CC '. TT1� el �� 2 1 Q4 fn • , O k xi ° 1 1 fl , mmn .. I wmS 11 1,II 11 11 I ..rl •(qj.M.-1 Nor0--4p� Q r Li w.948ACl�(AD] npD N ' I 'ram II 3'I , *'*>i 9'../..) 1.,„ la rn { �� --- -------- $ . . Fri-,,c L xN m>N H • C� y Orys�CZs r a i-rttrt�[ir�-meruen[i. - .tin-t -r.mn[rt...tr [Rtrn[m, ..M•4•rt{[.iai......tc.,r.[ Ka•in.{.. k •..[..•vrz 2 1 CH li MS/\ - MIT ' SANTA BARBARA WHITAKER RPUD rC5 ARCHITECTSJ�rt,�. E�-T.. 0 P-f HITE T fE FL- rz r f LE R I:a Page 4 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 17Q EXHIBIT D SANTA BARBARA- WHITAKER RPUD LEGAL DESCRIPTION PARCEL 1: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT PARCEL 118, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. PARCEL 3: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND LESS PARCEL 116, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF AND LESS PARCEL 114, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. Page 5 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 1 ) EXHIBIT E SANTA BARBARA- WHITAKER RPUD LIST OF DEVIATIONS Deviation 1 (Preservation Standards) requests relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires that preservation areas shall be interconnected within the site, to allow preservation areas that are not interconnected as shown on the Master Concept Plan. Page 6 of 9 H:\2021\2021 162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-2021 0003 1 55)(9-16-2022).docx 110 EXHIBIT F SANTA BARBARA- WHITAKER RPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity(hereinafter the Managing Entity)shall be responsible for RPUD monitoring until close-out of the RPUD, and this entity shall also be responsible for satisfying all RPUD commitments until close-out of the RPUD. At the time of this RPUD approval, the Managing Entity is Greystar Development East, LLC, Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of RPUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state of federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum total daily trip generation for the RPUD shall not exceed 113 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 3. ENVIRONMENTAL A. The Santa Barbara - Whitaker RPUD Master Plan provides f15.94 acres of existing native vegetation. The minimum required native preservation is ±3.99 acres (25% of Page 7 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 17p ±15.94 acres of existing native vegetation). The Master Plan preserves 7.03 acres of native vegetation on site within Tract P. B. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet the requirements of a Type `D' buffer along the western boundary and a Type 'A' buffer along the northern and southern boundaries of the RPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. C. A listed species management plan will be provided for the project at the time of development approval. The management plan will address how listed species will be protected, including the listed plant species observed within the development footprint and proposed preserve areas.The plan will also address black bear(Ursus Americanus Floridanus) management and will include the informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and title "A Guide to Living in Bear Country"which provides background information on the identification, habits, and protection of the Florida black bear and will be distributed to future residents and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for residents who may experience bear problems. The project will utilize bear-proof dumpsters. 4. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, the developers have agreed to construct 43 rental units for residents in or below the low income category (80 percent or less of County median income). These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units, including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. Page 8 of 9 H:\202I\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 170 5. UTILITIES A. In accordance with Subsection 2.2.2 of the Design Criteria (Section 1 of the Utilities Standards Manual)established by Ordinance 04-31,as amended,the Owner will extend an 8" (min.) water main along the south side of Whitaker Road, between Sunset Boulevard and Santa Barbara Boulevard. Where an existing water main is not available for connection, a stub-out will be provided in accordance with the latest version of standard detail drawing W-1 in the Collier County Water-Sewer District Utilities Standards Manual. The water main will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance (04-31, as amended) at no cost to the County or District prior to or concurrent with final acceptance of utilities. 6. EMERGENCY MANAGEMENT A. The developer shall provide, prior to issuance of a certificate of occupancy for the development, a new, quiet-running extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generation will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre-approved by the Department of Emergency Management as the County has certain interoperable standards and required safety options. Page 9 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 77, t_ , j Imo... i{.'- .1• I. r.L s ` , " , FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 28, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2022-040, which was filed in this office on October 28, 2022. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 10 INSTR 6326410 OR 6188 PG 1083 RECORDED 11/4/2022 2:11 PM PAGES 32 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$273.50 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY • THIS AGREEMENT is made as of the. of 5 ' day of, ©cb and between Greystar Development East, 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 216 residential units (the "Units") at a density of 10 units per gross acre on the Property. The gross acreage of Property is 21.57 acres. The number of affordable Units constructed by Developer shall be 43, representing 20% percent Of the total number of residential Units approved in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 130 bonus Units on the Property, if the Developer agrees to [22-S0C-00939/1742650/1] 9/7/22 1 of 30 17D construct affordable housing Units as specified in this Agreement and in accordance with LDC Section 2.06.00 et seq. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 6 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees to provide following affordable housing units in accordance with this Agreement and as specified in Exhibits A through G attached hereto and incorporated herein: a. Forty-three (43) of the 216 units will be provided for those earning ow between 50 and 80 percent of Collier County's area median income (AMI). b. All affordable units will be rentals. c. The units will include multi-family units with a variety of bedroom types. d. No affordable housing unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as a low- or very-low-income household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. If, upon annual recertification, a household's income is determined to exceed 80% and below 120% of the applicable Area Median Income limit for Collier County the unit shall be determined to be in compliance with this agreement so long as the following conditions exist for the applicable unit and household: Household's with income certified [22-S0C-00939/1742650/1] 9/7/22 2 of 30 11 0 between 80% and 90% of AMI will be charged the rent at the current 80% rent level; households earning between 90% and 100% will be charged 90% rents; households; households earning between 100% and 110% will be charged 100% rents; and households earning between 110% and 120% shall be charged 110% rents. If household income of any tenant occupying an affordable unit exceeds 120% of AMI, that unit will no longer qualify as an affordable unit and the developer shall offer the next vacant designated market rate unit to a qualified household to meet the minimum of forty-three (43) affordable units. e. Any rent charged for an affordable housing units rented to a low-income household will not exceed the amount published by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms, and updated annually. f. The following provisions shall be applicable to the affordable Units: (1) Defined terms: For purposes of this Agreement, "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as 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, [22-S0C-00939/1742650/1] 9/7/22 3 of 30 170 the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Renter. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Renter; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (very low, low, moderate or gap income) in accordance with this Section; 3) certification of eligible Owner by the Community and Human Services Division. The Developer shall be responsible for qualifying Renters by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible Renter family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC§§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential renter shall apply to the developer, owner, manager, or agent to qualify as a lowincome family for the purpose of renting and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for affordable housing unit shall be provided to Collier County Community and Human Services Division as shown in Exhibit D, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing unit in the development shall be rented whose household income has not been verified and certified in accordance with this Agreement and LDC§ 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income [22-S0C-00939/1742650/1] 9/7/22 4 of 30 17 p (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the affordable housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Exhibit E, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable 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 housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Exhibit F , is attached to this Agreement and is incorporated by reference herein. 3.Random Inspections. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC§ 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. 4. Annual Progress and Monitorinn Report. The Developer shall provide the Community and Human Services Division an annual progress and monitoring report [22-S0C-00939/1742650/1] 9/7/22 5 of 30 17D regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to ensure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. 5. Occupancy Restrictions. No affordable unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 6. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4 units per acre, and is therefore granted a density bonus of 6 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 10 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon., in the aggregate a maximum number of 216 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 7. Commission Agreement. During the term of this Agreement, the Commission acting through the Community and Human Services Division or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. [22-S0C-00939/1742650/1] 9/7/22 6 of 30 11 0 8. Violations and Enforcement. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 9. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission,building permits or certificates of occupancy,as applicable,may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC§ 2.06.00, as amended. 10.Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 11. Severability. If any section,phrase, sentence or portion of this Agreement is [22-S0C-00939/1742650/1] 9/7/22 7 of 30 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. 12. 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 Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: Greystar Development East, LLC 788 E. Las Olas Blvd., Ste. 201 Fort Lauderdale, FL 33301 With copy to: Richard Yovanovich, Esq. 4001 Tamiami Trail North, Suite 300 Naples, FL 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. 13. Authority to Monitor. The Parties hereto acknowledge that the CollierCounty Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 14. 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. [22-S0C-00939/1742650/1] 9/7/22 8 of 30 170 15. 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 13 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. 16. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County,Florida. 17. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 18. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04. 19. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 20. Discrimination. (a) The Developer agrees that neither it nor its agents shall discriminate against any owner/renters or potential owner/renters because of said owners/renters race, color, religion, sex, national origin, familial status,or handicap. (b) When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. (c) The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. (d) The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. The square footage, construction and design of the [22-S0C-00939/1742650/1] 9/7/22 9 of 30 affordable, 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 Housing Density Bonus,Exhibit G , shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase,all physical amenities as described in item number seven(7)of the Developer Application for Affordable Housing Density Bonus, Exhibit G , shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 21. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property.Developer commits to 20 percent affordable housing units for this project, with 20%percent of the units in each phase consisting of affordable units. 22. Disclosure. The developer shall not disclose to persons, other than the potential buyer, renter, or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 23. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number,type of affordable housing units and the amount of affordable housing density bonus approved for the development. 24. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. [22-S0C-00939/1742650/1] 9/7/22 10 of 30 a? 25. Preanplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Exhibit G and incorporated by reference herein. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 27. 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 13 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZI L, CLERK COLLIER CO ,' . - ! 'IDA Jv �� By: By: r Atte t as to al an 5 Deputy Clerk / Chairman signature only. GREYSTAR DEVELOPMENT EAST, LLC Witnesses: A p E LIMITED LIABILITY CO. � 1 \ By: Witness Printed Name: ec;gto Clew/E., Printed Name: w�Le 5 5-0.,c_b•Ar-,..- �fEG�6� Title: P2s.��-f Witness /� Printed Name: ti i56n J14'cjd [22-S0C-00939/1742650/1] 9/7/22 11 of 30 Igo Appro e as to form and legality: /cr Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit B -Affordable Housing Units/Base Monthly Rents Exhibit C - Income and Rent Level Exhibit D -Preliminary Application for Affordable Housing Unit Exhibit E -Applicant Income Verification Exhibit F -Applicant Income Certification Exhibit G-Developer Application for Affordable Housing Density Bonus EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT PARCEL 118, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND [22-SOC-00939/1742650/1] 9/7/22 12 of 30 170 THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF- WAY. PARCEL 3: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND LESS PARCEL 116, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF AND LESS PARCEL 114, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. PARCEL 4: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET AND [22-SOC-00939/1742650/1] 9/7/22 13 of 30 i7 © THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF- WAY. [22-S OC-0093 9/1742650/1] 917122 14 of30 1 ? A EXHIBIT B NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (50%-80% MI) Efficiency 1 Bedroom 22 $885 - $1,415 2 Bedroom 21 $1,061 - $1,698 3 Bedroom _ 4 Bedroom TOTAL 43 (1) Base residential density allowed in this development units/acre. (2) Gross acreage 21.57 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 43 units. (4) Gross residential density of this development (including affordable housing density bonus units) 10 units/acre. (5) Percentage of affordable housing units pledged by the developer (as a percent of the total number units in the development) 20% [22-SOC-00939/1742650/1] 9/7/22 15 of30 170 EXHIBIT INCOME AND RENT LEVELS FOR THE LOW ANMODERATE IN(�nMF Pursuant LDC Section 1.08.02 , moderate income is 80% to 120% of the median income, low income is 50% to 80% of the median income and very low income is less than 50% of the median income. Collier County 2022 Median Income- $98,600 Number of Members in Household 1 2 2 4 f 6 _ 7 8 50% 33,050 37,750 42,450 47,150 80% 52,850 60 400 50,950 54,700 58,500 62 250 67,950 75,450 81,500 57,550 93,600 99,600 120% 79,320 90,600 101,800 113,160 122,280 131,280 140,400 149,400 140% 92,540 105,700 118,860 132,020 142,660 153,160 163,800 174,300 Rental Rates based on# Bedrooms ONE TWO THREE BEDROOM BEDROOM BEDROOM UNIT FOUR BEDROOM U UNIT UNIT UNIT 11111111111111111111111111111111111111111111111111111111111111111 50% $885 $1,061 80% $1,415 $1,226 $1,367 80% $1,698 $1,961 $2,188 120 $2,124 $2,547 $2,943 140% $2,478 $2,971 $3, 9 $3,433 $3,82 9 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 [22-S0C-00939/1742650/1] 9/7/22 16 of 30 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. [22-S0C-00939/1742650/1] 9/7/22 17 of 30 170 EXHIBIT D PRELIMINARY APPLICATION FOR AFFORDABLE-HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co-Tenant Name Race/National Origin: Handicap: Yes No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title [22-S0C-00939/1742650/1] 9/7/22 18 of 30 110 Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title [22-S0C-00939/1742650/1] 9/7/22 19 of 30 I 7 0 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: 2. Name: Address: How Long Known: [22-SOC-00939/1742650/1] 9/7/22 20 of 30 170 EXHIBIT AFFORDABLE-HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: Social Security Number Present Address: Street City State I hereby make application for a single family unit Zip TelephoneTelephone No. 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, ensio stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property,pensions or capital gains, etc. Anpllcant Co-Oc� currant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ Widows Bonuses $ $ Benefits 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 [22-S0C-00939/1742650/1] 9/7/22 21 of30 170 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ [22-SOC-00939/1742650/1] 9/7/22 22 of 30 10 Union Pension $ $ $ Self-Employment Business, $ Silent Partner, etc. $ $ $ Private Insurance Pension $ TOTAL ANNUAL INCOME $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. [22-S0C-00939/1742650/1] 9/7/22 23 of 30 170 EXHIBIT F AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant [22-S0C-00939/1742650/1] 9/7/22 24 of 30 170 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by . Who is personally known to me or has produced as identification. Witness my hand and official seal this day of , 20 (notary seal) Notary Public My Commission Expires: [22-SOC-00939/1742650/1] 9/7/22 25 of 30 170 EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ . Number of Hours Worked (Weekly):_____. Frequency of Pay: . Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. [22-S0C-00939/1742650/1] 9/7/22 26 of 30 Witness my hand and official seal this day of , 20 . (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. [22-S0C-00939/1742650/1] 9/7/22 27 of 30 I 0 Exhibit G DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Human Services Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD (21.57 Ac.) 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X_Yes No If yes, state date of application 1/18/2022 and if the request has been approved, state the Ordinance number N/A. 3. Gross density of the proposed development.216 Gross acreage of the proposed development.21.57 Ac. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development(PUD)? X Yes No. If yes,please state name and location of the PUD and any other identifying information. Santa Barbara-Whitaker RPUD 5. Name of applicant Greystar Development East, LLC Name of land developer if not the same as Applicant:N/A 6. Please complete the following tables as they apply to the proposed development. [22-S0C-00939/1742650/1] 9/7/22 28 of 30 I a TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom 72 Two Bedroom 108 Three Bedroom 36 Other Bedroom TOTAL 216 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable-Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied [22-S0C-00939/1742650/1] 9/7/22 29 of 30 170 GAP INCOME 120-140% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL In accordance with LDC Section 2.06.03.D. — All owner occupied MODERATE INCOME 80-120% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL In accordance with LDC Section 2.06.03.D. — All owner- occupied LOW INCOME [22-S0C-00939/1742650/1] 9/7/22 30 of 30 i7 D 50-80% MI Efficiency 1 Bedroom 22 2 Bedroom 21 3 Bedroom Other TOTAL 43 VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. Please provide a physical description of the affordable units by type of unit (very low income, low income,moderate, 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 [22-S0C-00939/1742650/1] 9/7/22 31 of30 I7o 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. There will be no difference between market rate units and affordable units. We anticipate Class A rental finishes including a mix of vinyl and carpet flooring, kitchen island with pendant lighting, stainless steel cooking appliances, washer/dryer, ceiling fans, and standard bathroom amenities with a mix of showers and tubs. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. [22-S0C-00939/1742650/1] 9/7/22 32 of 30