Agenda 03/12/2024 Item #16A10 (Affortable Housing Density Bonus Agreement for the Habitat for Humanity of Collier County, Inc.)03/12/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute an amendment to an Affordable
Housing Density Bonus Agreement for the Habitat for Humanity of Collier County, Inc., development within
the Tree Farm Planned Unit Development to make an insubstantial change to the legal description.
OBJECTIVE: To obtain approval of the Board of County Commissioners (“Board”) and authorize the chairman to
execute an amendment of the Affordable Housing Density Bonus Agreement for the Habitat f or Humanity of
Collier County, Inc. development within the Tree Farm Planned Unit Development, by amending the legal
description.
CONSIDERATIONS: On June 27, 2023, Agenda Item No. 9.A., the Board approved an amendment to Ordinance
No. 07-54, as amended, the Tree Farm Mixed-Use Planned Unit Development (MPUD) by adding 120 dwelling
units subject to an Affordable Housing Density Bonus Agreement (“Agreement”). The executed Agreement was
recorded in Official Records Book 6265, Page 2504, of the Public Records of Collier County, Florida.
The MPUD amendment (Ord. No. 23-34) introduced Deviation 6.8.F (#6), which allowed Habitat for Humanity of
Collier County, Inc. (“Habitat”) to develop their owner-occupied affordable housing units within one tract of the
MPUD, while another developer would develop market-rate units separately within the same tract.
F. Deviation #6
Relief from LDC Section 2.06.04 A.14 and A.16. which requires that affordable housing units
be the same square footage, construction, and design as the market rate dwelling units in the
development and that the affordable housing units be intermixed with, and not segregated from,
the market rate dwelling units in the development to instead allow for an affordable housing
product to be permitted and constructed separately from market rate apartment buildings,
consistent with Exhibit “C”, Tract A Conceptual Site Plan. The affordable housing units will be
owner occupied and all of the market rate dwelling units will be rental apartments.
Additionally, Exhibit “C” of the Tree Farm MPUD provided a conceptual site plan of the development. The
Agreement encumbered, and always intended to encumber, Habitat’s portion of the property.
However, Habitat and the adjacent developer have realized a 0.05-acre discrepancy in the legal description of the
Agreement. An exhibit is attached depicting the proposed change. Habitat for Humanity is requesting the Board
amend the Agreement to resolve the discrepancy so the project may continue. The change in legal description is de
minimis and inconsequential to the goals of the original Agreement. Staff recommends approval of the amendment.
FISCAL IMPACT: The amendment will be recorded at the sole cost of Habitat for Humanity, and there will be no
fiscal impact on the County.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. -DDP
RECOMMENDATION: To approve and authorize the Chairman to execute an amendment to an Affordable
Housing Density Bonus Agreement with Habitat for Humanity of Collier County, Inc., to make an insubstantial
change to the legal description.
Prepared by: Cormac Giblin, Division Director, Economic Development & Housing
ATTACHMENT(S)
1. AHDB Agreement Amendment (PDF)
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2. Attachment 1- Original AHDB Agreement (PDF)
3. Attachment 2- Exhibit Showing Removed Areas (PDF)
4. Attachment 3- Tree Farm PUD Ord. 23-34 (PDF)
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03/12/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 27911
Item Summary: Recommendation to approve and authorize the Chairman to execute an amendment to an
Affordable Housing Density Bonus Agreement for the Habitat for Humanity of Collier County, Inc., development
within the Tree Farm Planned Unit Development to make an insubstantial change to the legal description.
Meeting Date: 03/12/2024
Prepared by:
Title: – Operations & Regulatory Management
Name: Julie Chardon
02/05/2024 3:23 PM
Submitted by:
Title: – Development Review
Name: Cormac Giblin
02/05/2024 3:23 PM
Approved By:
Review:
Corporate Business Operations Julie Chardon Stage 1 Review Skipped 02/05/2024 3:37 PM
Development Review Cormac Giblin Additional Reviewer Completed 02/05/2024 4:42 PM
Corporate Business Operations Diane Lynch Executive Director - Corp Bus Ops Skipped 02/12/2024 5:22 PM
Building Plan Review & Inspections Diane Lynch GMCDD Reviewer Skipped 02/12/2024 5:25 PM
Development Review Sarah Harrington Additional Reviewer Completed 02/14/2024 4:25 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/21/2024 2:02 PM
Development Review Kelly Green Stage 1 Review Completed 02/21/2024 2:09 PM
Unknown Jaime Cook GMCDD Reviewer Completed 02/22/2024 9:41 AM
Growth Management Community Development Department James C French Growth Management Completed
02/27/2024 5:23 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/29/2024 9:41 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2024 9:26 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2024 9:53 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/01/2024 2:16 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/05/2024 1:29 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
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X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X COLLIER BOULEVARD
(PUBLIC / COLLIER COUNTY R.O.W.)
BLUE LANDSCAPE
BROKEN BACK ROAD(PRIVATE A.E.)ESPLANADE GOLF AND COUNTRY
CLUB OF NAPLES
TREE FARM APARTMENTS X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X WHITE PETERMAN
PARCEL
HABITAT FOR HUMANITY
PARCEL
PORTION OF SITE ENCUMBERED
BY AFFORDABLE HOUSING
AGREEMENT TO BE VACATED
TREE FARM
TRACT "A"
AFFORDABLE HOUSING
AGREEMENT BOUNDARY
MODIFICATION
WPPI NAPLES TF NORTH,
LLC. & HABITAT FOR
HUMANITY OF COLLIER
COUNTY, INC.
22 48S 26E
NAPLES COLLIER
NATHAN MULLINS
NATHAN MULLINS
JANUARY 2024
1" = 50'
N.T.S.
P-WHTE-004-002-C01-X08.dwg
P-WHTE-004-002
C-X08
01 01
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
00 12.5'25'50'100'150'
Bar Scale: 1" = 50'
DATUM NOTE:
ALL ELEVATIONS ARE BASED ON NAVD 88
(NORTH AMERICAN VERTICAL DATUM OF 1988).
PROJECT:
TITLE:
CLIENT:
PROFESSIONAL SEALS:
File Name:
Project Number:
Vertical Scale:
Horizontal Scale:
Date:
Drawn by:
Designed by:
City:
B
1
1
E
D
C
A
County:[Save Date: 1/18/2024 4:30:46 PM] [Saved By: NMullins] [Plot Date: 1/18/2024 4:31:21 PM] [Plotted By: Nathan Mullins] [Original Size: 24x36] [Drawing Path: P:\Active_Projects\P-WHTE-004\002-Tree_Farm_North_Parcel\Drawings-Civil\C01-PPL\Exhibits\X08-AffordableHousingBndy\Sheet_Files\P-WHTE-004-002-C01-X08.dwg]2
2
3
3
4
4
5
5
6
6
PROFESSIONAL ENGINEER:
FLORIDA LICENSE NUMBER:
SEC:RGE:TWP:
Florida Engineering Certificate of Authorization #28275
Florida Landscape Certificate of Authorization #LC26000632
Sheet ID:
Sheet Number:of
NOTES:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
REVISIONS:
No:Revision:Date:
SCALE:1" = 50'
LEGEND
AFFORDABLE HOUSING BOUNDARY
AFFORDABLE HOUSING BOUNDARY
TO BE MODIFIED
MODIFIED AFFORDABLE HOUSING
BOUNDARY
PROPERTY BOUNDARY
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Packet Pg. 377 Attachment: Attachment 2- Exhibit Showing Removed Areas (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
ORDINANCE NO. 2023- /4
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
INCREASING THE MAXIMUM RESIDENTIAL
DWELLING UNITS FROM 460 TO 580 IN THE TREE
FARM MPUD, BY AMENDING ORDINANCE NUMBER
07-54, AS AMENDED, THE TREE FARM MIXED-USE
PLANNED UNIT DEVELOPMENT (MPUD), BY ADDING
AN ADDITIONAL 120 DWELLING UNITS FOR A TOTAL
OF 580 DWELLING UNITS, SUBJECT TO AN
AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT; BY AMENDING THE MASTER PLAN AND
ADDING DEVIATIONS; ON 58.84± ACRES LOCATED AT
THE NORTHWEST CORNER OF COLLIER BOULEVARD
AND IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP
38, RANGE 26, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20220004279]
WHEREAS, on June 26, 2007, the Board of County Commissioners approved Ordinance
No. 07-54, which created the Tree Farm Mixed Use Planned Unit Development (MPUD), which
was subsequently amended on January 14, 2020 by Ordinance No. 20-03; as well as by Hearing
Examiner (HEX) Decision Nos. 15-42, 18-12, and 21-49; and
WHEREAS, Christopher O. Scott, AICP, of Peninsula Improvement Corporation d/b/a
Peninsula Engineering, and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester,
P.A., representing Habitat for Humanity of Collier County, Inc., petitioned the Board of County
Commissioners to further amend the Tree Farm MPUD; and
WHEREAS, Habitat for Humanity of Collier County, Inc. entered into an Affordable
Housing Density Bonus Agreement with Collier County to achieve eligibility for the requested
density under the Growth Management Plan, recorded at Official Records Book6 2 6 2 , Page
2504 , as amended from time to time, in the Public Records of Collier County, Florida,
incorporated herein by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
22-CPS-02265/1774260/1] 51
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Packet Pg. 378 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
SECTION ONE: Zoning Classification.
The PUD Document attached to Ordinance No. 07-54, as amended, is hereby amended in
accordance with the attached Tree Farm MPUD Amendment, attached hereto as Exhibit "A" and
incorporated by reference herein.
SECTION TWO: Effective Date.
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 2.9 rw
day of 3-0 NE 2023.
ATTEST:, , ',,,,v.),, BOARD OF COUNTY COMMISSIONERS
CRYSTAL- I :XIN .L, CLERK COLLIER COUNTY, FLORIDA
MA44 A: C 7-24:By: k A.- A44:‘`,• By:
Attest as to Chairrna* .II .;• r Rick LoCastro, Chairman
i
signature only..••.ti z`
A ved as to form an• legality:p
L./
Derek D. Perry
Assistant County Attorney 2511:'5\
Attachments:
Exhibit"A"—Tree Farm MPUD Amendment
This ordinance find with the
Secretary of tptc's Othce
3
lu day of — , ......_---
and acknowled meat oof at
filing received this i . day
By
r icafty
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LIST OF EXHIBIT AND TABLES
EXHIBIT"A" MPUD MASTER PLAN
EXHIBIT"B" DEVIATION#1 CROSS SECTION
EXHIBIT"C" DEVIATION#6 TRACT A CONCEPTUAL SITE PLAN
EXHIBIT"D" COMPLIANCE AGREEMENT
TABLE IA FLUE ELIGIBLE DENSITY
TABLE IB MPUD DENSITY
TABLE II PROJECT LAND USE DISTRICTS
TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIALDISTRICT
TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA
Words underlined are additions;words struck g ough are deletions
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STATEMENT OF COMPLIANCE
The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned
Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with
the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land
Development Code (LDC) and other applicable codes and ordinances. The commercial and
residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the
growth policies, land development regulations,and applicable comprehensive planning objectives
of each of the GMP elements for the following reasons:
1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land
Use Map, with 40.15 acres located within a residential density band of the Urban Mixed
Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial
District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with
the provisions of Objective 1 of the Future Land Use Element (FLUE), all uses
contemplated are consistent with these respective designations.
2. Approximately 18.69 acres of the subject property is located within an area identified as
Activity Center#3 in the FLUE of the GMP for Collier County.
3. Activity Centers are the preferred locations for concentration of commercial and mixed use
development activities. The subject property is located on the northwest corner of the
intersection of Immokalee Road and Collier Boulevard (C.R. 951). This strategic location
will allow superior access to the site, and provide an ideal location for commercial
activities. The project is a mixed use development located within, and less than one mile
from, an Activity Center. Therefore, the proposed commercial uses and residential
densities are consistent with the FLUE of the Collier County GMP.
4. The development will be compatible and complimentary to existing and planned
surrounding land uses (Policy 5.6).
5. The project must comply with the provisions of Division 6.02.01,adequate public facilities
requirements of the LDC. Therefore, it will implement, and further Objective 2 of the
FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub-
Element.
6. The maximum allowable density as set forth under the FLUE Density Rating System and
Mixed Use Activity Center is as follows:
Words underlined are additions;words strucl gh are deletions
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FLUE Designation Acres Eligible Base Eligible Total Eligible Eligible
Units/Acre Bonus Density Total DUs
Density Units/Acre
Units/Acre
Mixed Use Activity Center 18.69 16 N/A 16 299
Subdistrict
Urban Residential Subdistrict; 40.15 4 37 7 11 281 442
Density-Band
Activity Center Density 3
Band
Affordable Housing 3
Roadway Access 1
Total 58.84 N/A N/A 978b12.59 580.0074 I*
Table IA: FLUE Eligible Density(* Rounded)
FLUE Designation Acres MPUD Eligible MPUD Total
Units/Acre(Base DeasityAere DU
plus bonus)
Mixed Use Activity Center 18.69 9.58 4-6 179
Subdistrict**
Urban Residential Subdistrict; 40.15 009.99 7 281 401
Density Band
Total 58.84 7.829.86 9.86 4160.00580*
Table IB:MPUD Density(* Rounded)
Per the Future Land Use Element, C. Urban Commercial District, Mixed Use Activity
Center Subdistrict: A minimum of 30%of the Activity Center-accumulated density shall be
constructed within the Activity Center. The remaining 70% of the Activity Center-
accumulated density shall be constructed within 1/3 mile of the Activity Center. The
maximum number of the Activity Center-accumulated density must not exceed 179 dwelling
units.
7. The MPUD sets forth a maximum density of 464 580 dwelling units or 7.82 9.86 dwelling
units per gross acre,dispersed throughout the project site in accordance with the Future Land
Use Element, subject to the vehicular trip cap in Section 6.3.J. of this PUD. The Activity
Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with
the remaining portions of the project with pedestrian and bicycle facilities.
8. The MPUD has been designed to provide for future vehicular interconnectivity to the west,
and has been designed to provide vehicular, pedestrian and bicycle interconnectivity
throughout the project, including between the commercial and residential components.
Words underlined are additions;words str• 'ugh are deletions
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.3 MAXIMUM PROJECT DENSITY AND INTENSITY
A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the
designated Activity Center. The Residential District will be limited to±39.64 acres.
B. Intensity: A maximum of 80,000 square feet of commercial uses and 105,000 square
feet of indoor self-storage uses may be constructed within the Commercial Mixed-
Use District.
C. Approved Density:
A maximum of 460 580 multi-family/single-family attached/townhouse units and
single-family detached residential dwelling units may be constructed in the total
project area subject to the trip cap in Section 6.3.J of this PUD.The gross project area
is 58.84±acres.The gross project density,therefore,will be a maximum of 7.82 9.86
dwelling units per acre. The Activity Center shall be developed at a human scale, be
pedestrian-oriented, and be interconnected with the remaining portion of the project
with pedestrian and bicycle facilities.
SECTION IV
RESIDENTIAL DISTRICT(R)
4.1 PURPOSE
The purpose of this section is to identify specific development standards for areas designated as
R" on the MPUD Master Plan, Exhibit " A". Residential uses, infrastructure, perimeter land use
buffers,and signage will occur within this District.
4.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the MPUD shall be established
at the time of development plan review, but shall not exceed 460580 multi-family/single-family
attached/townhouse and single family detached residential dwelling units or any combination
thereof. Subject to the trip cap in Section 6.3.J of this PUD. For the purpose of calculating the
project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit
and the maximum number of ALF units shall not exceed 150 units.Subject to the trip cap in Section
6.3.J of this PUD.
Words underlined are additions;words struck through are deletions
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a. All dwelling units above 281 shall be located within the C/MU district or within 1/3 mile of
the Activity Center boundary.
SECTION VI
DEVELOPMENT COMMITMENTS
6.3 TRANSPORTATION
The development of this MPUD Master Development Plan shall be subject to and governed by the
following conditions:
J. The Tree Farm MPUD TIS was based on a development scenario that assumed a variety of
commercial uses and a maximum of 464580 multi-family units. The total trip generation
was estimated in the TIS to be 580 PM peak hour two-way external trips to adjacent streets
based on ITE trip generation rates. The development scenario analyzed in the TIS may
change. The maximum total daily trip generation for the PUD shall not exceed 580 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.
6. 8 DEVIATIONS
A. Deviation# 1
At the discretion of the developer, the minimum right-of-way width to be utilized for all
internal project streets may be fifty feet(50'). Deviation# 1 from section 6.06.01(0)of the
LDC. Utilization of lands within all project right-of-way for landscaping. Decorative
entranceway and signage may be allowed subject to review and administrative approval by
the community development and environmental services administrator,or his designee,for
engineering and safety considerations prior to installation. [Approved in Ord. 07-54]
B. Deviation#2
Relief from LDC Section 5.03.02. C, which permits a maximum wall height of 6' in
residential zoning districts and residential components of a PUD,to allow a maximum wall
height of 8' along the perimeter of the PUD,and allow a 12'wall/berm combination within
residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/
berm shall be minimum of 3'in height. [Approved in Ord. 07-54]
C. Deviation#3
Boundary marker monuments containing project identification signs designed to identify
the project, or any major use within the project, shall be permitted in location depicted on
the MPUD master plan(Exhibit"A"). Said boundary marker monument shall not exceed 6
Words underlined are additions;words struck through are deletions
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feet in height as measured from finished grade at the location of the boundary marker
monument.The sign face area for such boundary markers shall not exceed 64 square feet in
area and shall not exceed the height or length of the monument, which it is located. If the
sign is two-sided, each sigh shall not exceed 64 square feet in area. Each sign shall only
contain the main proiect name, insignia or motto of the entire development, and the
developer's name and logo.Boundary marker monuments shall be setback a minimum of 10
feet from any MPUD perimeter property line. [Approved in Ord. 07-54]
D. Deviation#4
One off-premises sign may be located to west of the tree farm MPUD generally located near
the access to collier boulevard from the property immediately adjacent to the west of Tree
Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set
forth in section 5.06.04.G.2.a., but may not exceed 16 square feet in size, and may also
deviate from section 5.06.04.G.2.e.,which requires such off-site signs to be located within
1,000 feet of the intersection of the arterial roadway serving the building, structure or use.
Approved in Ord. 07-54]
E. Deviation#5
One off-premise sign may be located within the existing access and sign easement (OR
5771, PG 1841) on the northern boundary of the C/MU tract(Tree Farm Tract C)adjacent
to Collier Boulevard to provide project signage for the Residential Tract to the north(Tree
Farm Tract B) as depicted on Exhibit C. The off-premise sign may deviate from section
5.06.04.G.2.a. which limits off-premise directional signs to 12 square feet in sign area to
instead allow a maximum of 50 square feet in sign area. The off-premise sign may deviate
from section 5.06.04.G.2.c.and section 5.06.04.G.3.which require the sign to be a minimum
of 10 feet to a property line and a minimum 50 feet to adjacent residential zoning district,
respectfully, to instead allow the sign to have no minimum (zero feet) distance to the
residential tract to the north. [Approved in HEX No. 2021-49j
F. Deviation#6
Relief from LDC Section 2.06.04 A.14. and A.16. which requires that affordable housing
units be the same square footage, construction and design as the market rate dwelling units
in the development and that the affordable housing units be intermixed with, and not
segregated from,the market rate dwelling units in the development to instead allow for an
affordable housing product to be permitted and constructed separately from the market rate
apartment buildings, consistent with Exhibit "C", Tract A Conceptual Site Plan. The
affordable housing units will be owner occupied and all of the market rate dwelling units
will be rental apartments.
G. Deviation#7
Deviation from LDC Section 5.06.02 B.14.b.which limits the sign face area of a boundary
marker sign in a residential district to not exceed 24 square feet in area in order to allow a
boundary marker sign with a sign face area of 36 square feet at the northwest corner of
Collier Boulevard and Broken Back Road.
6.9 ESSENTIAL SERVICE PERSONNEL HOUSING
4-A. The Developer agrees that thirty percent of the rental housing units constructed within the
project will as they become available be offered for rent first to Essential Service Personnel
ESP) persons involved in providing essential services in Collier County, as defined as
Words underlined are additions;words struck through are deletions
Tree Farm MPUD,PL20220004279 Last Revised 05/17/2023 Page 6 of 7
CA0
16.A.10.d
Packet Pg. 385 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
follows: natural persons or families at least one of whom is employed as police or fire
personnel, a childcare worker, a teacher or other educational personnel, health care
personnel, or public employee. Those indi,.id als ployed in the nit,. teaslier-s
educators, othcr school district employees, community college and university employees,
police and fre p el L ealth.. nel nd g e mot o p1oy00
2B. In an effort to attract ESP renters, the Developer will provide written notification at a
minimum to Collier County and its Constitutional Officers, the Collier County School
District, all local hospitals, City of Naples, City of Marco Island, Everglades City, and all
independent fire districts that ESP units are available to be rented and will be set aside for
the applicable period described below. Any printed advertising for the development shall
identify the project prioritizes units for ESP.
3C. The period of time that the rental unit will be reserved and advertised first for ESP persons
will be a minimum of 60 days from the date the unit is first advertised for rent and 30 days
thereafter when a unit is offered for rent due to a projected or actual vacancy. If an ESP
renter is not committed to a lease within the initial 60 day,or subsequent 30-day period,the
unit may be offered for rent to a non ESP renter.The Developer will notify the Community
and Human Services Division 60 days prior to the initial availability of the units in order for
Community and Human Services to also contact the entities named in 2.above.
4D. The restriction to provide units first to ESP renters shall remain in effect for 15 years.
6.10 AFFORDABLE HOUSING
A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has
agreed to construct 58 affordable housing units for households whose initial certified
incomes are in or below the low- and very-low income category (below 80 percent of the
Area Median Income)for Collier County.
Words underlined are additions;words struck through are deletions
Tree Farm MPUD, PL20220004279 Last Revised 05/17/2023 Page 7 of 7
S
16.A.10.d
Packet Pg. 386 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
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BUFFER REQUIRED IF DEVELOPED UNDER UNIFIED
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REQUIRED 1 44 C' .- LANDSCAPE BUFFERS PER
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26 PEN ' S U L A
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AVILA w EN EERING TREE FARM TBC TREE FARM 1, Date JUNE
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16.A.10.d
Packet Pg. 387 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
HEDULE OF PREVIOUSLY APPROVED DEVIATIONS MPUD MASTER PLAN NOTES
A• •OVED DEVIATION 1: 1. THE AMOUNT OF REQUIRED OPEN SPACE IS 30%.
AT DISCRETION OF THE DEVELOPER,THE MINIMUM RIGHT-OF-WAY WIDTH TO BE
UTILI 'FOR ALL INTERNAL PROJECT STREETS MAY BE FIFTY FEET(50'). 2. WITHIN THE MPUD BOUNDARIES THERE WILL BE A MINIMUM OF 1 •AC OPEN
DEVIAT #1 FROM SECTION 6.06.01(0)OF THE LDC.UTILIZATION OF LANDS WITHIN SPACE[30%OF 51.43(58.84-7.42 ROW CONVEYANCE.)]
ALL PRO T RIGHT-OF-WAY FOR LANDSCAPING.
DECORATI NTRANCEWAY.AND SIGNAGE MAY BE ALLOWED SUBJECT TO REVIEW 3. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD TER PLAN
AND ADMINI •TIVE APPROVAL BY THE COMMUNITY DEVELOPMENT AND SHALL BE CONSIDERED CONCEPTUAL.IN NATURE.
ENVIRONMEN ERVICES ADMINISTRATOR,OR HIS DESIGNEE,FOR ENGINEERING
AND SAFETY CO ERATIONS PRIOR TO INSTALLATION.4. THE DESIGN,LOCATION,AND CONFIGURATION OF TH- •ND IMPROVEMENTS
SHALL BE DEFINED AT EITHER SITE DEVELOPMENT 7 APPROVAL,OR
APPROVED DEVIATI• CONSTRUCTION PLANS AND PLAT APPROVAL.
DEVIATION#2 SEEKS' EF FROM LOC SECTION 5.03.02.C.WHICH PERMITS A
MAXIMUM WALL HEIGHT 6'IN RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL 5. THE PROJECT SHALL BE DESIGNED TO PROVI• VEHICULAR,PEDESTRIAN AND
COMPONENTS OF A PUD, •LLOW A MAXIMUM WALL HEIGHT OF 8'ALONG THE BICYCLE CONNECTIVITY BETWEEN RESIDEN AND MIXED
PERIMETER OF THE PUD,A •LLOW A 12'WALL'BERM COMBINATION WITHIN USED/COMMERCIAL AND TO ADJACENT PR• RTY TO THE WEST,
RESIDENTIAL PORTIONS OF T •UD ALONG COLLIER BOULEVARD.THE BERM
PORTION OF THE 12'WALL/BER• ALL BE MINIMUM OF 3'IN HEIGHT. 6. BOUNDARY MARKER MONUMENTS SH• :E SETBACK A MINIMUM OF 10 FEET
FROM ANY PERIMETER MPUD PROPE LINE.
APPROVED DEVIATION 3:
BOUNDARY MARKER MONUMENTS C• AINING PROJECT IDENTIFICATION SIGNS
DESIGNED TO IDENTIFY THE PROJECT, •ANY MAJOR USE WITHIN THE PROJECT,
SHALL BE PERMITTED IN LOCATION DEP. DON THE MPUD MASTER PLAN(EXHIBIT
A").SAID BOUNDARY MARKER MONUMEN .ALL NOT EXCEED 6 FEET IN HEIGHT AS
MEASURED FROM FINISHED GRADE AT THE ATION OF THE BOUNDARY MARKER
MONUMENT.THE SIGN FACE AREA FOR SUCH• NDARY MARKERS SHALL NOT
EXCEED 64 SQUARE FEET IN AREA AND SHALL EXCEED THE HEIGHT OR LENGTH
LA SE SUMMARYOFTHEMONUMENTWHICHITISLOCATED.IF THE N IS TWO-SIDED EACH SIGH
SHALL NOT EXCEED 64 SQUARE FEET IN AREA.EAC ON SHALL ONLY CONTAIN THE
MAIN PROJECT NAME,INSIGNIA OR MOTTO OF THE E -E DEVELOPMENT,AND THE
DEVELOPER'S NAME AND LOGO.BOUNDARY MARKER UMENTS SHALL BE
TRACT LAND USE ACREAGESETBACKAMINIMUMOF10FEETFROMANYMPUDPERIRPROPERTYLINE.
APPROVED DEVIATION 4:
ONE OFF-PREMISES SIGN MAY BE LOCATED TO WEST OF THE E FARM MPUD TRACT"•RESIDENTIAL 39.64 t ACRES
GENERALLY LOCATED NEAR THE ACCESS TO COLLIER BOULEVA FROM THE
PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF TREE FAR •U0.THE
OFF-PREMISE SIGN MAY DEVIATE FROM THE MAXIMUM 12 SQUARE 'T SIZE SET T - ••P"PRESERVE 0.51 t ACRES
FORTH IN SECTION 5.06.04. . .. 2.A..BUT MAY NOT EXCEED 16 SOS •E FEET IN
SIZE,AND MAY ALSO DEVIATE FROM SECTION 5.06.04.0.4 WHIs 'EQUIRES
SUCH OFF-SITE SIGNS TO BE LOCATED WITH IN 1.000 FEET OF THE INTER' TION OF CT"C/MU"COMMERCIAL/MIXED USE •18.69 t ACRES
THE ARTERIAL ROADWAY SERVING THE BUILDING.STRUCTURE OR USE.
TOTAL 58.84 t ACRES
LL
INCLUDES ROW CONVEYANCE
LEGEND
PRESERVE
R RESIDENTIAL INIMUM OF 0.51 ACRES(25%OF THE 2.02 ACRES OF NATIVE
VEG• •TION ON SITE)IS REQUIRED TO BE RETAINED OR REPLANTED.
CAW COMMERCIAL/MIXED USE THE CTS IDENTIFIED AS"P'CONTAINS 0.51 t ACRES,AND FULLY
ISFIES THE NATIVE VEGETATION REQUIREMENTS.
PRESERVE
PUD INGRESS/EGRES-
IMUM DENSITY AND INTENSITY
ODEVIATIONS 460 MULTI-FAMILY/S LE FAMILY ATTACHED/TOWNHOUSE AND I OR
SINGLE FAMILY• 'CHED RESIDENTIAL DWELLING UNITS.
WATER MAN•• ENT LAKE
PLUS 250 HOTEL UNITS, 0 ALF UNITS,105,000 SF OF INDOOR SELF
STORAGE AND 80.000- OMMERCIAL USES.ALL SUBJECT TO
TION 6.3.K
PRESERV REA
ROW •NVEYANCE TO COLLIER COUNTY
jLA: ED AS TRACTS A.B AND C.
SECTION 6.3.C)
UNDARY MARKER MONUMENTS
ot PROJECT TI-LE OWNER'CLIENT/CONSIJL!ANT. SEC'. W'
PEN 4 S U LA MPUD MASTER TBC TREE FARM 1,
Designed by cleNpapevuq
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16.A.10.d
Packet Pg. 388 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
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WITH THE EXISTING HERITAGE BAY DRIVEWAY
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APPROXIMATE LOCATION MAY
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ADDIE'S CORNER PUD NO SETBACK OR LANDSCAPE BUFFER '
E REQUIRED IF DEVELOPED UNDER UNIFIED CONTROL.
IF NOT DEVELOPED UNDER UNIFIED CONTROL,REQUIRED
t 'Pr * , d, - ,1'-4.e-• : 1' E LANDSCAPE BUFFERS PER LDC.
PROJECT. TITLE OWNER/CLIENT/CONSULTANT.SEC 22 TWP'.48 RGE. 26
PENINSULADesigned by ALEJANDRO AVILA
MPUD MASTER Drawn by ALEJANDRO AVILA
ENGINEERING TREE FARM TBC TREE FARM 1, Date JULY2022
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16.A.10.d
Packet Pg. 389 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
SCHEDULE OF DEVIATIONS
DEVIATION 1:
AT THE DISCRETION OF THE DEVELOPER,THE MINIMUM RIGHT-OF-WAY WIDTH TO BE UTILIZED FOR ALL INTERNAL
PROJECT STREETS MAY BE FIFTY FEET(50'). MPUD MASTER PLAN NOTES
DEVIATION#1 FROM SECTION 6.06.01(0)OF THE LDC.UTILIZATION OF LANDS WITHIN ALL PROJECT RIGHT-OF-WAY
FOR LANDSCAPING.1. THE AMOUNT OF REQUIRED OPEN SPACE IS 30%.
DECORATIVE ENTRANCEWAY,AND SIGNAGE MAY BE ALLOWED SUBJECT TO REVIEW AND ADMINISTRATIVE
APPROVAL BY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR,OR HIS 2. WITHIN THE MPUD BOUNDARIES THERE WILL BE A MINIMUM
DESIGNEE,FOR ENGINEERING AND SAFETY CONSIDERATIONS PRIOR TO INSTALLATION. OF 15.43 AC OPEN SPACE[30%OF 51.43(58.84-7.42 ROW
CONVEYANCE)]
DEVIATION 2:
DEVIATION#2 SEEKS RELIEF FROM LDC SECTION 5.03.02.C,WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6'IN 3. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD
RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL COMPONENTS OF A PUD,TO ALLOW A MAXIMUM WALL HEIGHT MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN
OF 8'ALONG THE PERIMETER OF THE PUD,AND ALLOW A 12'WALL/BERM COMBINATION WITHIN RESIDENTIAL NATURE.
PORTIONS OF THE PUD ALONG COLLIER BOULEVARD.THE BERM PORTION OF THE 12'WALUBERM SHALL BE
MINIMUM OF 3'IN HEIGHT. 4. THE DESIGN,LOCATION,AND CONFIGURATION OF THE LAND
IMPROVEMENTS SHALL BE DEFINED AT EITHER SITE
DEVIATION 3: DEVELOPMENT PLAN APPROVAL,OR CONSTRUCTION PLANS
BOUNDARY MARKER MONUMENTS CONTAINING PROJECT IDENTIFICATION SIGNS DESIGNED TO IDENTIFY THE AND PLAT APPROVAL.
PROJECT,OR ANY MAJOR USE WITHIN THE PROJECT,SHALL BE PERMITTED IN LOCATION DEPICTED ON THE MPUD
MASTER PLAN(EXHIBIT"A").SAID BOUNDARY MARKER MONUMENT SHALL NOT EXCEED 6 FEET IN HEIGHT AS 5. THE PROJECT SHALL BE DESIGNED TO PROVIDE VEHICULAR,
MEASURED FROM FINISHED GRADE AT THE LOCATION OF THE BOUNDARY MARKER MONUMENT.THE SIGN FACE PEDESTRIAN AND BICYCLE CONNECTIVITY BETWEEN
AREA FOR SUCH BOUNDARY MARKERS SHALL NOT EXCEED 64 SQUARE FEET IN AREA AND SHALL NOT EXCEED THE RESIDENTIAL AND MIXED USED/COMMERCIAL AND TO
HEIGHT OR LENGTH OF THE MONUMENT WHICH IT IS LOCATED.IF THE SIGN IS TWO-SIDED,EACH SIGH SHALL NOT ADJACENT PROPERTY TO THE WEST.
EXCEED 64 SQUARE FEET IN AREA.EACH SIGN SHALL ONLY CONTAIN THE MAIN PROJECT NAME,INSIGNIA OR MOTTO
OF THE ENTIRE DEVELOPMENT,AND THE DEVELOPER'S NAME AND LOGO.BOUNDARY MARKER MONUMENTS SHALL 6. BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A
BE SETBACK A MINIMUM OF 10 FEET FROM ANY MPUD PERIMETER PROPERTY LINE.MINIMUM OF 10 FEET FROM ANY PERIMETER MPUD
PROPERTY LINE.
DEVIATION 4:
ONE OFF-PREMISES SIGN MAY BE LOCATED TO WEST OF THE TREE FARM MPUD GENERALLY LOCATED NEAR THE
ACCESS TO COLLIER BOULEVARD FROM THE PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF TREE FARM LAND USE SUMMARYMPUD.THE OFF-PREMISE SIGN MAY DEVIATE FROM THE MAXIMUM 12 SQUARE FOOT SIZE SET FORTH IN SECTION
5.06.04.C.15.B.I.G.2.A.,BUT MAY NOT EXCEED 16 SQUARE FEET IN SIZE,AND MAY ALSO DEVIATE FROM SECTION
5.06.04.C.15.B.VG.2.E.,WHICH REQUIRES SUCH OFF-SITE SIGNS TO BE LOCATED WITH IN 1,000 FEET OF THE
INTERSECTION OF THE ARTERIAL ROADWAY SERVING THE BUILDING,STRUCTURE OR USE. TRACT LAND USE ACREAGE
DEVIATION 5:
ONE OFF-PREMISE SIGN MAY BE LOCATED WITHIN THE EXISTING ACCESS AND SIGN EASEMENT(OR 5771,PG 1841)
TRACT"R" RESIDENTIAL 39.64±ACRESONTHENORTHERNBOUNDARYOFTHEC/MU TRACT(TREE FARM TRACT C)ADJACENT TO COLLIER BOULEVARD TO
PROVIDE PROJECT SIGNAGE FOR THE RESIDENTIAL TRACT TO THE NORTH(TREE FARM TRACT B)AS DEPICTED ON
EXHIBIT C.THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.A.WHICH LIMITS OFF-PREMISE
TRACT"P" PRESERVE 0.51±ACRESDIRECTIONALSIGNSTO12SQUAREFEETINSIGNAREATOALLOWAMAXIMUMOF50SQUAREFEETINSIGNAREA.
THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.C.AND SECTION 5.06.04 G.3 WHICH REQUIRE THE
SIGN TO BE A MINIMUM OF 10 FEET TO A PROPERTY LINE AND A MINIMUM 50 FEET TO ADJACENT RESIDENTIAL
TRACT"C/MU" COMMERCIAL/MIXED USE `18.69±ACRESZONINGDISTRICT,RESPECTFULLY,TO INSTEAD ALLOW THE SIGN TO HAVE NO MINIMUM(ZERO)DISTANCE TO THE
RESIDENTIAL TRACT TO THE NORTH.
DEVIATION 6: TOTAL 58.84±ACRES
RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16.WHICH REQUIRES THAT AFFORDABLE HOUSING UNITS BE THE
SAME SQUARE FOOTAGE,CONSTRUCTION AND DESIGN AS THE MARKET RATE DWELLING UNITS IN THE INCLUDES ROW CONVEYANCE
DEVELOPMENT AND THAT THE AFFORDABLE HOUSING UNITS BE INTERMIXED WITH,AND NOT SEGREGATED FROM,
THE MARKET RATE DWELLING UNITS IN THE DEVELOPMENT TO INSTEAD ALLOW FOR AN AFFORDABLE HOUSING
PRODUCT TO BE PERMITTED AND CONSTRUCTED SEPARATELY FROM THE MARKET RATE APARTMENT BUILDINGS,
CONSISTENT WITH EXHIBIT"C",TRACT A CONCEPTUAL SITE PLAN.THE AFFORDABLE HOUSING UNITS WILL BE
OWNER OCCUPIED AND ALL OF THE MARKET RATE DWELLING UNITS WILL BE RENTAL APARTMENTS.
DEVIATION 7:
DEVIATION FROM LDC SECTION 5.06.02 B.14.b.WHICH LIMITS THE SIGN FACE AREA OF A BOUNDARY MARKER SIGN IN PRESERVE
A RESIDENTIAL DISTRICT TO NOT EXCEED 24 SQUARE FEET IN AREA IN ORDER TO ALLOW A BOUNDARY MARKER
SIGN WITH A SIGN FACE AREA OF 36 SQUARE FEET AT THE NORTHWEST CORNER OF COLLIER BOULEVARD AND A MINIMUM OF 0.51 ACRES(25%OF THE 2.02 ACRES OF
BROKEN BACK ROAD. NATIVE VEGETATION ON SITE)IS REQUIRED TO BE RETAINED
LEGEND
OR REPLANTED.THE TRACTS IDENTIFIED AS"P"CONTAINS
0.51±ACRES,AND FULLY SATISFIES THE NATIVE VEGETATION
REQUIREMENTS.
R RESIDENTIAL
C/MU COMMERCIAL/MIXED USE MAXIMUM DENSITY AND INTENSITY
P PRESERVE
46B580MULTI-FAMILY/SINGLE FAMILY ATTACHED/
TOWNHOUSE AND/OR SINGLE FAMILY DETACHED
RESIDENTIAL DWELLING UNITS.
PUD INGRESS/EGRESS PLUS 250 HOTEL UNITS,150 ALF UNITS,105,000 SF OF INDOOR
SELF STORAGE AND 80,000 SF COMMERCIAL USES.ALL
DEVIATIONS
SUBJECT TO SECTION 6.3.K
AREA WITHIN 1/3 MILE OF
ACTIVITY CENTER BOUNDARY
WATER MANAGEMENT LAKE
y PRESERVE AREA
ROW CONVEYANCE TO COLLIER COUNTY
LABELED AS TRACTS A,B AND C.
4— (
SEE SECTION 6.3.C)
BOUNDARY MARKER MONUMENTS J
PROJECT TITLE OWNER/CLIENT/CONSULTANT:SEC:22 TWP 48 RGE. 26
PENINSULA,,,Designed by: ALEJANDRO AVILA
J'
Drawn by: ALEJANDRO AVILA
ENGINEERING‘TREE FARM MPUD MASTER TBC TREE FARM 1, Date: JULY2022
INURING L`NISSCAPL`RO 11LC1LIRE LLC &TBC TREE Drawing Scale N.T.S.
INTE fNTAL CONSULTING•LAND
AGEMET MPUD
CONCEPT PLAN
SITE PLANNING•CONSTRUCTION MANAGEMENT Project Number.P-BROK-001
bMl OoldenCOOWNER REPRESENTATIVE NOTES FARM 2, LLC File Number: P-BROK-001-001-X17
Naples,
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Packet Pg. 390 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
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PROJECT: TITLE CLIENT: SEC:22 TWP:48 RGE 26
Designed by: ALEJANDRO AVILA
PENINSULA W Drawn by. ALEJANDRO AVILA
ENGINEERING 4 TREE FARM HABITAT FOR Date: JULY2022
EXHIBIT "C" HUMANITY OF Drawing Scale: 1"=150'
PLANNINGCIVILENGINEERINGZONING M P U DENVIRONMENTALSERWcEs •LAND LOPMENT
Project Number: P-WHTE-002-000
SURVEYING239.403.6700
COLLIER COUNTY File Name: P-WHTE-002-000-X03.dwct
Pen-Eng.com
Sheet ID C—XO
Florida Engineering C.A#28275
Florida Landscape C A#LC26000632 Sheet Number: 01 of
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16.A.10.d
Packet Pg. 391 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 6, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-34, which was filed in this office on July 6, 2023.
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
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
16.A.10.d
Packet Pg. 392 Attachment: Attachment 3- Tree Farm PUD Ord. 23-34 (27911 : Tree Farm Affordable Housing Density Bonus Agreement)