Ordinance 2007-63
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~, I\U ~ _ ORDINANCE NO. 07-~
~ \tttN~ J ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
09c'~ COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
?1>~E:ZZZVt.Q't<O BER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BYe'
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS;
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BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN:
DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A)'
ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT:
DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS t
THE HABIT AT WOODCREST RPUD TO ALLOW FOR A MAXIMUM ~' .
66 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ON THE ,.
WEST SIDE OF WOODCREST DRIVE, SOUTH OF IMMOKALEE .,'
ROAD (C.R. 846), AND NORTH OF ACREMAKER ROAD, IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; CONSISTING OF ll.2:!: ACRES AND BY
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Dwight Nadeau of RW A, Inc., representing Habitat for Humanity of Collier
County, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from an Agricultural (A)
Zoning District, to a Residential Planned Unit Development (RPUD) to be known as Habitat
Woodcrest RPUD, in accordance with Exhibits A through F attached hereto and incorporated
herein, and by reference, made part hereof. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Codes, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this) ,:) day of c'C+b.vr ,2007.
ATTEST: .
DWIGHT E. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
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JAr-Mrs COLETTA, CHAIRMAN
BY:-,(}UU. 'it=.o.c.
Attest I' perk
S 1ll1litare OIl J ,
Approved as to form and
legal sufficiency
~H-' 1/1, ~jJ.dO~- ~
Marj . M. Student-Stirling
Assistant County Attorney
f'l-d with the
This ordinance ".. .
f ~a e's Office the
2t~retary 0 _l.J>' ?Dol.
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and ocknowledge~ent ~ t~~~
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By DoP~'
EXHIBIT A
PROJECT LAND USE TRACTS
TRACT "R"
TYPE
RESIDENTIAL
VNITS/FT,
66
ACREAGE:/:
9.33
TRACT "RA"
RECREATION AREA
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0.19
TRACT "P"
PRESERVE
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1.68
I TRACT R - PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
I. Single-family detached dwellings;
2. Single-family attached dwellings intended for fee simple conveyance including the
platted lot associated with the residence.
3. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the
process outlined in the LDC.
B. Accessory Uses:
I. Customary accessory uses and structures including, but not limited to, private garages,
swimming pools with, or without screened enclosures, and other outdoor recreation
facilities.
II TRACT RA - PERMITTED USES:
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Facilities intended to accommodate outdoor social and recreational activities;
2. Outdoor recreation facilities, such as playground improvements/facilities (including
playground equipment that conforms to applicable safety protocols,
3. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the
process outlined in the LDC.
III REGULA nONS FOR DEVELOPMENT:
Regulations for development of this project shall be in accordance with the contents of this ordinance
and other sections and parts of the Land Development Code and Growth Management Plan in effect at
the time of site development plan, subdivision plat, or any other type of approval to which those
regulations apply.
Application For Public Hearing For PUD Rezone 01/18/07
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the RPUD Residential Subdistrict.
Standards not specificaIly set forth herein shaIl be those specified in applicable sections of the LDC in effect as of
the date of approval of the SDP or Subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to
individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be
utilized for determining development standards.
DEVELOPMENT STANDARDS I
SINGLE FAMILY DETACHED
I SINGLE FAMILY ATTACHED ZERO LOT LINE I
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F.
MINIMUM lOT WIDTH 40 FEET See Figure 1 25 FEET Se. Figure 1
MINIMUM flOOR AREA 1,000 S.F 1,000 S.F
MIN FRONT YARD 20 FEET See Figure 1 20 FEET See Figure 1
MIN SIDE YARD 6 FEET Sft Figure 1 o FEET or
6 FEET See Figure 1
MIN REAR YARD 1 5 FEET See Figure 1 1 5 FEET See Figure 1
MIN PRESERVE SETBACK 25 FEET 25 FEET
MIN. DISTANCE BETWEEN 1 2 FEET Se. Note J & Figure 1 1 2 FEET See Note 3 & figure 1
STRUCTURES
MAX. ZONED BUilDING 25 FEET 25 FEET
HEIGHT NOT TO EXCEED
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S.
SIDE S.P.S. S.P.S.
REAR (ATTACHED) 5 FEET 5 FEET
(DETACHED) 5 FEET 5 FEET
PRESERVE SETBACK 1 0 FEET 10 FEET
MINIMUM DISTANCE 15 FEET 1 2 FEET
BETWEEN STRUCTURES
MAX. ZONED BUILDING 25 FEET 25 FEET
HEIGHT NOT TO EXCEED
S.P.S. ~ Same as Principal Structures
BH = Building Height
Application For Public Hearing For PUD Rezone 01118/07
Notes:
I)
Structures proposed adjacent to a lake may have no setback from the lake maintenance easement.
2)
No structure shall be permitted in the required 20 foot lake maintenance easement.
3)
Where a detached single-family unit is proposed adjacent to an attached single-family dwelling structure, a
minimum 12 foot building separation shall be maintained. (Please see to Figure I below).
4)
Terraced setbacks are permitted for residential structures that have an exterior wall associated with a side
yard that is of a lesser height than the floor above, provided that the exterior wall of the upper floor is
separated a minimum of 15 feet from the exterior wall of the floor below. Setbacks may be measured from
that ground floor exterior wall of lesser height (please see Figure 2 below),
Application For Public Hearing For PUD Rezone 01/18/07
PROPER1Y .-/
BOUNDARY
GRAPHIC SCALE
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Application For Public Hearing For PUD Rezone 01/18/07
Figu re 1
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I RECREATION AREA DEVELOPMENT STANDARDS
A. There shall be a minimum ofa 20 foot separation between all above-ground (I.e.: greater than 30 inches
above finished grade) recreational facilities(s) from any residential unit.
Application For Public Hearing For PUD Rezone 01/18/07
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EXHIBIT C
RPUD MASTER PLAN
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EXHIBIT "e"
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- HABITAT FOR HUMANrrY
OF COUJER COUNTY, INC.
HABrr AT WOODCREST RPUD
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RPUD MASTER PLAN
Application For Public Hearing For PUD Rezone 01/18/07
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EXHIBIT D
LEGAL DESCRIPTION
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH y, OF THE SOUTHEAST Y" EXCEPTING THE WEST
I 814.85 FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33 FEET OF THE SOUTH y, OF THE SOUTHEAST
1/4 , EXCEPTING THE WEST I 8 I 4.85 FEET THEREOF, ALLIN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COlLIER COUNTY, FLORIDA.
ALSO BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS,
COMMENCING AT THE EAST '/. CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02' 18'34"E FOR 668.96 FEET TO THE POINT OF
BEGINNING OF A PARCEL DESCRIBED HEREIN;
THENCE CONTINUING ALONG SAID EAST LINE, S02'18'34" E FOR 668.96 FEET TO THE NORTH LINE OF THE
SOUTH y, OF THE SOUTHEAST '/4 OF SAID SECTION 26,
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF THE SOUTH y, OF THE SOUTHEAST '/4,
S89' 59' 17" W FOR 660.81 FEET TO THE WEST LINE OF THE EAST y, OF THE EAST y, OF THE SOUTHEAST '/. OF
SAID SECTION 26,
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH y, OF THE SOUTHEAST Y. AND ALONG SAID WEST LINE OF
THE EAST y, OF THE EAST V, OF THE SOUTHEAST '/., S02' 16'03" E FOR 33.03 FEET TO THE SOUTH LINE OF THE
NORTH 33.00 FEET OF THE SOUTH y, OF THE SOUTHEAST '/. OF SID SECTION 26;
THENCE DEPARTING SAID WEST LINE OF THE EAST y, OF THE EAST y, OF THE SOUTHEAST Y. AND ALONG SAID
SOUTH LINE SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH ';' OF THE SOUTHEAST 1/4, S80'59'I 7"W
FOR 166.16 FEET TO THE EAST LINE OF THE WEST I 814.85 FEET OF THE SOUTHEAST '/4 OF SAID SECTION 26,
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH ';' OF THE SOUTHEAST '/4 AND
ALONG SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST '/4, N02' 17'02"W FOR 300.80 TO THE
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID EAST LINE OF THE WEST 18 I 4.85 FEET OF THE SOUTHEAST Y. AND ALONG SAID
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, N89'29'26"E FOR I 66.24 FEET TO THE
SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG THE EAST LINE OF
CRYSTAL LAKE RV RESORT PHASE FOUR, N02' 18'52"E FOR 401.27 FEET TO THE NORTH LINE OF THE SOUTH ';' OF
THE EAST y, OF THE NORTHEAST '/4 OF THE SOUTHEAST '/. OF SAID SECTION 26,
THENCE DEPARTING SAID EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG SAID NORTH LINE
OF THE SOUTH y, OF THE EAST y, OF THE NORTHEAST '/4 OF THE SOUTHEAST '/., N89' 59' 40"E FOR 660,66 FEET
TO THE POINT OF BEGINNING OF A PARCEl HERE DESCRIBED.
CONTAINING I 1.2 ACRES, MORE OR LESS.
Application For Public Hearing For PUD Rezone 01/18/07
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 6.06.01(0)., for "cul-de-sac and local streets, and LDC Appendix B,
(Section III P.5, of the proposed Construction Standards Manual intended to be adopted as part of the County's
Administrative Code), that requires 60 feet, to allow 50 feet. A 50-foot right-of-way shall be permitted in this RPUD
to provide for flexibility in development design, subject to providing easements for required utilities generally
parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the
County, and does not compromise health, safety, and welfare issues related to civil engineering design.
All platted project streets shall have a minimum 50-foot right-of-way. A deviation from subsection
6.06.01(0) of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and B-3 for cul-de-sac and
local streets respectively, and Section lll, Exhibit "A", Design Requirements for Subdivisions C.13 .e. of the
Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No.
2004-66, which requires 60 feet, to allow 50 feet. (See Exhibit C, RPUD Master Plan). The internal project
streets shall be private, and shall be classified as local streets.
Deviation #2 seeks relief from LDC Sub-section 5.03.02.C.l.that requires fences to be no greater than six feet in
height. The project will be directly adjacent to a roadway proposed to be improved as a minor collector facility that
may have compatibility issues related to noise associated with passing traffic. In an effort to provide noise
abatement opportunities beyond what is provided for by the LDC, a fence height greater than six feet is provided for
by this RPUD (Please see cross-section A-A and B-B below).
Deviation #3 seeks relief from LDC Sub-sections 5.03.02.A.9. and 5.03.02.B. that requires fences to be measured
from the existing grade, to allow fences and walls to be measured from finished grade. A combination of the small
parcel size and the proposed improvements to Woodcrest Drive provides for a smooth interface of the RPUD
property's perimeter water management impoundment, and the land alterations associated with the proposed minor
collector roadway. Reference should be made to cross-sections B-B and C-C on Sheet 4 of the RPUD Plans Set.
Fence or wall maximum height: 8 feet. A deviation from LDC Subsection 5.03.02.C. I., to allow a
fence/wall greater than 6 feet. Fence or wall height shall be measured from the finished grade of the ground
at the base of the fence or wall. A deviation from Subsection 5.03.02.A.9., and Subsection 5.03.02.B. to
allow fence/wall height to be measured from finished grade rather than existing grade. For the purpose of
this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases,
the fence or wall shall not exceed 7 feet in height from the top of berm elevation with an average side slope
of greater than 3: 1. (Please see cross-section A-A and B-B below).
Deviation #4 seeks relief, if needed, from LDC Section 6.06.01.J., and Section III, Exhibit A, Design Requirements
for Subdivisions C.13.f. of the Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66, that prohibits dead-end streets/cul-de-sacs from being greater than 1000 feet in
length. The affordable housing development design may require cul-de-sac streets to be in excess of 1000 feet in
length to provide for stormwater management facilities, and provide for sufficient area to achieve the desired number
of units. This deviation will only be utilized where necessary, and was suggested by the Collier County Planning
Commission during their September 20,2007 public hearing on this RPUD Petition.
Dead-end/cul-de-sac streets may exceed 1000 feet in length as may be needed.
Application For Public Hearing For PUD Rezone 01/18/07
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Application For Public Hearing For PUD Rezone 01/18/07
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
The development of this RPUD shall be subject to and governed by the following conditions:
PLANNING
A_ The developer shall install playground equipment in Tract "RA" consistent with the Habitat For Humanity
Typical Playground Equipment graphic located on Exhibit C, RPUD Master Plan.
TRANSPORT A TION
A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the
Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current
edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices
(MUTCD), current edition.
B. Arterial-level street lighting shall be provided at all access points. Access lighting shall be in place prior to
the issuance of the final certificate of occupancy (CO).
C. Access points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any
such Master Plan shall vest any right of access at any specific point along any property boundary. The
number of access points constructed may be less than the number depicted on the Master Plan; however, no
additional access points shall be considered unless a PUD amendment is approved.
D. Site related improvements (as opposed to system related improvements) necessary for safe ingress and
egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to commencement of on-site
construction.
E. Nothing in any development order (DO) shall vest a right of access in excess of a right-in/right-out
condition at any access point. Neither shall the existence of a point of ingress, a point of egress, a median
opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by
the developer. its successor in title, or assignee. Collier County reserves the right to close any median
opening existing at any time which is found to be adverse to the health, safety, and welfare of the public.
Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway
capacity.
F. Ifany required turn lane improvement requires the use of any existing County rights-of-way or easement,
then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such
improvement(s) upon final approval of the turn lane design during the first subsequent development order.
The typical cross section may not differ from the existing roadway unless approved, in writing, by the
Transportation Division Administrator or his designee.
G. If, in the sole opinion of Collier County, traffic signal(s), other traffic control devices, signs. pavement
marking improvements within a public right- of- way or easements, or site related improvements (as
opposed to system related improvements) necessary for safe ingress and egress to this project. as
determined by Collier County, are determined to be necessary, the cost of such improvement shall be the
responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at
the County's discretion, prior to the issuance of appropriate co.
Application For Public Hearing For PUD Rezone 01/18/07
WATER MANAGEMENT
A storm water drainage main shall be provided by Waterways Joint Venture V in accordance with the
Developer Assistance and Easement Agreement.
UTILITIES
A. Utility facilities shall be provided by Waterways Joint Venture V in accordance with the Developer
Assistance and Easement Agreement.
B. The Habitat-Woodcrest RPUD utility facilities (i.e.: potable water service and sanitary sewer) shall be
interconnected with those utility facilities that are located within the Woodcrest Drive right-of-way.
Additional utility easements shall be provided to make such connections, if necessary.
ENVIRONMENTAL
A. The developer shall remove contaminated soil from around "Soil Boring 8" as referenced and depicted in
the Report of Phase 1I Environmental Site Assessment, prepared by Forge Engineering, Inc., dated May
2007. The contaminated soil removal shall actively be pursued and authorized by the Florida Department
of Environmental Protection. Such soils shall be disposed of at a solid waste facility that is permitted to
accept such material. The disposal documentation shall be provided prior to approval of the subdivision
plat, after zoning approval.
B. Irrigation wells shall be prohibited.
C. A minimum of 1.68 acres (15% of the native vegetation on site) shall be required to be retained or
replanted.
D. The existing access easements located within the Preserve Tract shall be vacated prior to approval of the
subdivision plat.
Application For Public Hearing For PUD Rezone 01/1&/07
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 .,23 rd day of O~, 2007, by and
between Habitat for Humanity of Collier County. Inc. (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 66 residential units (the "Units") at a density of 5,9 units per
gross acre on the Property. The gross acreage of Property is 11.2:t acres, The number
of affordable Units constructed by Developer shall be 66, representing 100 percent of
the total number of residential Units in the development.
B, In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LOG) ~ 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.
Rev 01/2007
Page 1 of 27
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C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 21 bonus Units on the Property, if the Developer agrees
to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 1.9 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged. the Developer and the Commission
hereby covenant and agree as follows:
1_ Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. DeveloDer Aareements. The Developer hereby agrees that it shall
construct 66 affordable Units (low and very low income units) which Units shall be sold
in accordance with the terms and conditions of this Agreement and as specified by the
attached Appendices A & S, Exhibits A, S, & C, and Appendix C, which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined
in the LDC or in Ordinance No, 90-89, Section 4, the definitions of the LDC will
control when applying or interpreting this Agreement. In addition to these
defined terms and the applicability of LDC ~ 2.06.04 .Phasing" shall mean: (a)
the phased construction of buildings or structures in separate and distinct stages
as shown on a PUD master plan. subdivision master plan or site development
plan; or (b) in developments where phased construction is not depicted on a
PUD master plan. subdivision master plan or site development plan. the
construction of buildings or structures in a clearly defined series of starts and
finishes that are separate and distinct within the development.
Page 2 of 27
(2) Median Income. For the purposes of this Agreement, the median
income of the area as defined by the U.S. Department of Housing and Urban
Development (HUD) shall be the then current median income for the Naples
Metropolitan Statistical Area, established periodically by HUD and published in
the Federal Register, as adjusted for family size as shown on the tables attached
hereto as Appendix A. Exhibit C, which Exhibit shall be adjusted from time to
time in accordance with any adjustments that are authorized by HUD or any
successor agency. In the event that HUD ceases to publish an established
median income as aforesaid, the Parties hereto shall mutually agree to another
reasonable and comparable method of computing adjustments in median
income.
(3) Eliaibilitv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable housing density
bonus program prior to being qualified at the appropriate level of income (low
and very low income) in accordance with this Section; 3) certification of eligible
Owner by the Housing and Human Services Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable
units in the subject development. All applications, fonns and other
documentation required by this Agreement shall be provided to the Housing and
Human Services Department. Qualification by the Developer of any persons as
an eligible Owner family shall be subject to review and approval in accordance
with the monitoring and enforcement program in LDC ~~ 2,06.05 and 2,06.06,
respectively,
(a) Application, A potential owner shall apply to the developer. owner,
Page 3 of 27
manager, or agent to qualify as a low or very low income family for the
purpose of owning and occupying an affordable housing unit pursuant to
the affordable housing density bonus program. The Preliminary
Application for Affordable Housing Unit shall be provided by the Housing
and Human Services Department as shown in Appendix 8, Exhibit A,
attached to this Agreement and incorporated by reference herein,
(b) Income Verification and Certification. No affordable housing Unit in
the development shall be sold whose household income has not been
verified and certified in accordance with this Agreement and LDC ~
2.06.05.
(c) Income Verification. The Developer shall obtain written verification
from the potential occupant (including the entire household) to verify all
regular sources of income (including the entire household). The most
recent year's federal income tax return for the potential occupants
(including the entire household) may be used for the purpose of income
verification, attached to the Affordable Housing Applicant Income
Verification form. including a statement to release information, occupant
verification of the return. and a signature block with the date of
application, The verification shall be valid for up to one hundred eighty
(180) days prior to occupancy, Upon expiration of the 180 day period, the
information may be verbally updated from the original sources for an
additional 30 days. provided it has been documented by the person
preparing the original verification. After this time. a new verification form
must be completed.
The Affordable Housing Applicant Income
Verification form shall be provided by the Housing and Human Services
Page 4 of 27
.-_'.0.'__'_."--
Department as shown in Appendix B, Exhibit B, attached to this
Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income
Verification form, the Developer shall require than an income certification
form be executed by the potential occupant (including the entire
household) prior to occupancy of the affordable housing unit by the
occupant. Income certification shall assure that the potential occupant
has an appropriate household income which qualifies the potential
occupant as an eligible family to occupy an affordable housing unit under
the affordable housing density bonus program, The Affordable Housing
Applicant Income Certification form shall be provided by the Housing and
Human Services Department as shown in Appendix B, Exhibit C. is
attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to
verify occupancy in accordance with this Agreement and LDC ~ 2.06.00,
may be conducted by the Housing and Human Services Department upon
reasonable notice.
(4) Annual Proaress and Monitorina Reoort, The Developer shall
provide the Housing and Human Services Department an annual progress and
monitoring report regarding the delivery of affordable housing units throughout
the period of their construction and occupancy. The annual progress and
monitoring report shall, at a minimum, provide any information reasonably
required to insure compliance with LDC ~ 2.06.00, or subsequent amendments
thereto. The report shall be filed on or before September 30 of each year and
the report shall be submitted by the Developer to the Housing and Human
Page 5 of 27
Services Department. Failure to complete and submit the monitoring report to
the Housing and Human Services Department within sixty (60) days from the
due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a
written extension not to exceed thirty (30) days is requested prior to expiration of
the sixty (60) day submission deadline. No more than one such extension may
be granted in a single year.
(5) 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.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus. in addition to
the base residential density of ~ units per acre. and is therefore granted a density
bonus of 1.9 density bonus units per acre, for a total density (total = density bonus units
per acre X gross acreage) of 5.9 unitslac, pursuant to LDC ~ 2.06,00, The Commission
further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 66 units on the Property provided the Developer is able to secure building
permit(s) from Collier County.
4, Commission Aareement. During the term of this Agreement, the
Commission acting through the Housing and Human Services Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a, Violations, It shall be a violation of this Agreement and LDC ~ 2.06.00 to
sell or occupy. or attempt to sell or occupy. an affordable housing unit provided under
the affordable housing density bonus program except as specifically permitted by the
Page 6 of 27
-_.<--~-
terms of this Agreement; or to knowingly give false or misleading information with
respect to any information required or requested by the Housing and Human Services
Department or by any other persons pursuant to the authority which is delegated to
them by LDC ~ 2.06.00 Collier County or its designee shall have full power to enforce
the terms of this Agreement. The method of enforcement for a breach or violation of
this Agreement shall be at the option of the Commission by criminal enforcement
pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement
as allowed by law,
b. Notice of Violation for Code Enforcement Board Proceedinas. Whenever
it is determined that there is a violation of this Agreement or of LDC ~ 2,06.00. that
should be enforced before the Code Enforcement Board, then a Notice of Violation
shall be issued and sent by the appropriate department by certified retum-receipt
requested U,S. Mail, or hand-delivery to the person or developer in violation, The
Notice of Violation shall comply with the requirements for such Notices.
c, Certificate of OccuDancv, 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,
6. Assianment bv Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
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
Page 7 of 27
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv, If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct. and independent provision. and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Housing and Human Services
Department
3301 East Tamiami Trail
Naples, Florida 34112
To the Developer:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
With copy to:
Porter. Wright. Morris & Arthur. LLP
5801 Pelican Bay Boulevard
Suite 300
Naples, FL 34108-2709
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9, Authority to Monitor. The Parties hereto acknowledge that the Collier
County Housing and Human Services Department or its designee. shall have the
authority to monitor and enforce the Developer's obligations hereunder.
Pa~e 8 of 27
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages. losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act. error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity. Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations,
12. Recordina. This Agreement shall be recorded at County's expense in the
official records of Collier County. Florida,
13. Entire Aareement, The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing as provided in the LDC ~2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate
Page 9 of 27
against any owner or potential owner because of said owners race, color, religion, sex,
national origin, familial status, or handicap.
b. When the Developer advertises. sells or maintains the affordable housing
unit, it must advertise sell, and maintain the same in a non-discriminatory manner and
shall make available any relevant information to any person who is interested in
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees for which it is liable in the purchase and sale of affordable units.
d. The affordable housing units shall be intermixed with. and not segregated
from, the market rate dwelling units in the development.
e. The square footage, construction and design of the affordable housing
units shall be the same as market rate dwelling units in the development. All physical
amenities in the dwelling units, as described in item number seven (7) of the Developer
Application for Affordable Housing Density Bonus shall be the same for market rate
units and affordable units. For developments where construction takes place in more
than one phase, all physical amenities as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same in both
the market rate units and the affordable units in each phase, Units in a subsequent
phase may contain different amenities than units in a previous phase so long as the
amenities for market rate units and affordable units are the same within each phase
and provided that in no event may a market rate unit or affordable unit in any phase
contain physical amenities less than those described in the Developer Application,
17. Phasina. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property,
Developer commits to 100 percent affordable housing units for this project, with 100
Paae 10 of 27
percent of the units in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistencv. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housina Density Bonus Develooment Aareement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220. Fla, Stat., as amended.
21. Preaoolication, 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 Appendix C and
incorporated by reference herein.
22. Govemina Law, This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents. certificates. instruments. and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
Page 11 of 27
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
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: G...u.u.. hJ..J.Y1M JJ , ()C, By: /2 / #d ~
Att-.t It tdl.tnfl~tyClerk JA~
tt~ 011"
Approv~ as to form
and legal sufficiency:
~h1,~-~
Marjo M. Student-Stirling
Assistant County Attorney
Witnesses:
DEVELOPER:
Habitat for H
-r ()
1bt~/!. /;1~d;;/;/A/t-
Witness f?
Printed Name
, ...-) -2.' ...d-
/ //'l';;-J1LA..-- J .'- .L c.::e7'
Wifness ;J
Printed Name Or /Ylc,"-- (,1(.3.
.
Bv/
PrlnteW Name
tj,,J/~J
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
Samuel J. Durso. MD as President of Habitat for Humanity of Collier County. Inc" who
,is personally knowl1.. to me or has produced as
identification.
"'....",," l\iORvIA WILl-TREJO
~. ,'v!':',':":,\'i",l!S:;]O;\"I')r):'Ji))J<~
");... ..~, '~\'-II{l;;Y "'J"" ,,'" ,0 ,,)
~OH';'" ".." ._~,- ,
I-lIlMI-.1-Nur,\~y I.. ,\')l."yil ,"'",' /,""'~.C{).
a6 day of SE'P \::
/J
AU.
WITNESS my hand and official seal this
2007.
//
-'---
^'"
Notary Public
My Commission Expires:
Page 12 of 27
EXHIBIT A
LEGAL DESCRIPTION
PARCELS OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH Y, OF THE SOUTHEAST y.,
EXCEPTING THE WEST 1814.85 FEET THEREOF, AND THE WEST 1980 FEET OF THE
NORTH 33 FEET OF THE SOUTH Y, OF THE SOUTHEAST 1/4, EXCEPTING THE WEST
1814,85 FEET THEREOF, ALL IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
ALSO BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST Y. CORNER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02018'34"E FOR 668.96 FEET
TO THE POINT OF BEGINNING OF A PARCEL DESCRIBED HEREIN;
THENCE CONTINUING ALONG SAID EAST LINE, S02018'34" E FOR 668.96 FEET TO
THE NORTH LINE OF THE SOUTH Y, OF THE SOUTHEAST Y. OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF THE
SOUTH Y, OF THE SOUTHEAST y., S89059' 17" W FOR 660,81 FEET TO THE WEST LINE
OF THE EAST Y, OF THE EAST Y, OF THE SOUTHEAST Y. OF SAID SECTION 26;
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH Y. OF THE SOUTHEAST Y.
AND ALONG SAID WEST LINE OF THE EAST Y, OF THE EAST Y. OF THE SOUTHEAST
y., S02016'03" E FOR 33.03 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF
THE SOUTH Y, OF THE SOUTHEAST Y. OF SID SECTION 26;
THENCE DEPARTING SAID WEST LINE OF THE EAST Y, OF THE EAST Y, OF THE
SOUTHEAST Y. AND ALONG SAID SOUTH LINE SOUTH LINE OF THE NORTH 33.00
FEET OF THE SOUTH Y, OF THE SOUTHEAST 1/4, S80059'IT'W FOR 166,16 FEET TO
THE EAST LINE OF THE WEST 1814,85 FEET OF THE SOUTHEAST Y. OF SAID
SECTION 26;
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH
Y, OF THE SOUTHEAST Y. AND ALONG SAID EAST LINE OF THE WEST 1814.85 FEET
OF THE SOUTHEAST y., N0201T02"W FOR 300.80 TO THE PLATTED SOUTH LINE OF
CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID EAST LINE OF THE WEST 1814,85 FEET OF THE
SOUTHEAST Y. AND ALONG SAID PLATTED SOUTH LINE OF CRYSTAL LAKE RV
RESORT PHASE FOUR, N89029'26"E FOR 166,24 FEET TO THE SOUTHEAST CORNER
OF CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE
FOUR AND ALONG THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR,
Page 13 of 27
N02018'52"E FOR 401.27 FEET TO THE NORTH LINE OF THE SOUTH Y:z OF THE EAST
Y:z OF THE NORTHEAST Y. OF THE SOUTHEAST Y. OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR
AND ALONG SAID NORTH LINE OF THE SOUTH Y:z OF THE EAST Y:z OF THE
NORTHEAST Y. OF THE SOUTHEAST \4, N89059'40"E FOR 660.66 FEET TO THE POINT
OF BEGINNING OF A PARCEL HERE DESCRIBED.
CONTAINING 11.2 ACRES, MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
Page 14 of 27
APPENDIX A, EXHIBIT A
A. The AHDB rating system shall be used to determine the amount of the AHDB which may be
granted for a development, based on household income level, type of affordable housing
units (owner-occupied or rental, single-family or multi-family), and percentage of affordable
housing units in the development. To use the AHDB rating system, Table A below, shall be
used, Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or
its designee.
1. First, choose the household income level (50% of median income, 60"10 of median
income, or 80% of median income) of the affordable housing unit(s) proposed in the
development, and the type of affordable housing units (owner-occupied or rental,
single-family or multi-family, where applicable) to be provided, as shown in Table A.
An AHDB based on the household income level is shown in Table A,
2. Table A will indicate the maximum number of residential dwelling units per gross acre
that may be added to the base density, These additional residential dwelling units per
gross acre are the maximum AHDB available to that development, Developments with
percentages of affordable housing units which fall in between the percentages shown on
Table A shall receive an AHDB equal to the lower of the two (2) percentages it lies
between, plus one-tenth ( 1/10) ofa residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development, For
example, a development which has twenty-four (24) percent of its total residential
dwelling units as affordable housing units, at the 80 percent level will receive an AHDB
of 2.4 residential dwelling units per gross acre for the development,
3. Where more than one (I) type of affordable housing unit (based on level of income
shown in Table A) is proposed for a development, the AlIDB for each type shall be
calculated separately, After the AlIDB calculations for each type of affordable housing
unit have been completed, the AHDB for each type of unit shall be added to those for the
other type(s) to determine the maximum AHDB available for the development. In no
event shall the AHDB exceed eight (8) dwelling units per gross acre.
Page 15 of 27
Table A. Affordable-Workforce-Gap Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-
Workforce-Gap Housing
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(%
median)
Gap 81--150% 1 2 3 4 5 6 6 6 6 nla
MI* **
Workforce 61--80% 2 3 5 8 8 8 8 8 8 8
MI*
Low 51--60% 3 4 6 8 8 8 8 8 8 8
Ml
Very Low 50% or 4 5 7 8 8 8 8 8 8 8
less MI
*Owner-occupied only
* *May only be used in conjunction with at least 10% at or below 80% MI
Total Allowable Density = Base Density + Affordab1e-Workforce-Gap Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre.
B. The AHDB shall be available to a development only to the extent that it otherwise complies
and is consistent with the GMP and the land development regulations, including the
procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where
applicable,
C. The minimum number of affordable housing units that shall be provided in a development
pursuant to this section shall be ten (10) affordable housing units.
D, The ratio of number of bedrooms per affordable housing unit shall in general be equal to the
ratio of the number of bedrooms per residential unit for the entire development,
Page 16 of 27
APPENDIX A. EXHIBIT B
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 17 of 27
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:_
RaceINational Origin: Handicap: Yes _ No_
RaceINational Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No,
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No,
How long with Previous Employer Job Title
City
State
Zip
Telephone No.
Monthly $
CO-TENANT:
Present Employers Name
Address and Telephone No,
Page 18 of 27
How long with Present Employer:
Gross Salary: Hourly $~ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
1.
2.
3,
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 190127
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant'sName: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law,
Knowingly falsifYing information on this form is cause for refusal of occupancy.
Zip
Telephone No,
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.
ADDIicant CO-OccUDant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $- $
Widows Benefits $ $ $- $
Paae 20 of 27
Union Pension $ $ $- $
Self-Employment Business,
Silent Partner, etc. $ $- $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT,
Page 21 of 27
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Job Title:
Address:
Street
City
State
Zip
!,
, hereby authorize the release of information requested
(Applicant)
on this certification form,
Signature of Applicant
STATEOFFLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2007,
(notary seal)
Notary Public
My Commission Expires:
Page 22 of 27
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
identification,
as
Witness my hand and official seal this
day of
,2007.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
Page 23 of 27
APPENDIX C
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 Financial
Administration and Housing Department.
All items requested must be provided.
1, Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; The applicant has made application to Collier County to rezone the 11.210 acre
prooerty to Residential Planned Unit Development (RPUD),
2. Has an application for rewning been requested in conjunction with the affordable housing
Density bonus?
X Yes No
If yes, state date of application September 5. 2006, and if the request has been approved, state the
Ordinance number
3, Gross density of the proposed development, 5,9 units/acre.
Gross acreage of the proposed development, 11.2 acres,
4, Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifYing information. Habitat-
Woodcrest RPUD
5. Name of applicant Habitat for Humanity of Collier County. me,
Name ofland developer if not the same as Applicant:
6, Please complete the following tables as they apply to the proposed development,
Page 24 of 27
TABLE I
Total Number of Units in Development
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
TABLE II
Rental
Owner
Occupied
66
66
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Owner
Rental Occupied
MODERATE INCOME
80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Palle 25 of 27
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
LOW INCOME
60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
17
100%
Other
TOTAL
17
100%
VERY LOW INCOME
SO%MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
49
100%
Other
TOTAL
49
100%
7, Please provide a physical description of the affordable units by type of unit (moderate, low.
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages as Exhibit "D" if needed.
PaQe 26 of 27
The development will include 66 single-family dwelling units to be constructed as two-
family, The development has been designed to abide by all pertinent Collier County LDC
regulations. All units will be three bedrooms and will be sold to low and very low income
residents.
All homes in Habitat Woodcrest will share many common features:
* Wood frame construction
* 30 - year architectura1 shingles
* Concrete driveways, walks and entries,
* R-30 insulation in attics and R13 insulation on exterior walls.
* Ceramic or vinyl tile flooring in all kitchens, baths, bedrooms and laundry areas.
* Wood kitchen cabinets with fully adjustable shelves
* Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal
* High efficiency air conditioning with heat pump.
* Fully landscaped private yards.
* Dual sinks in the master bath,
* Aluminum framed windows.
* Metal clad entry door with dead bolt lock,
* Strong steel hurricane shutters.
* Pre-wiring for cable television, telephone and a digital perimeter security alarm system
8, Please supply any other information which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages if needed,
Page 27. of 27.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-63
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of October, 2007,
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to BOft~q10~
,,' '., ..' ./-
County Commissioners . . ',.}
" . . c
". ...t . Y
By: Martha
Deputy