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Agenda 09/10/2024 Item #17B (To approve a rezoning Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal multifamily dwelling units,- accompanying Affordable Housing Density Bonus Agreement)17.B 09/10/2024 EXECUTIVE SUMMARY This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal multifamily dwelling units, subject to an Affordable Housing Density Bonus Agreement to provide 10% of the units (31 units) for households earning up to and including 50% of the County's Area Median Income (AMI), on 51.83E acres of property located approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East, within Section 18, Township 51 South, Range 27 East, Collier County, Florida. (PL20220005665) OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above - referenced petition and render a decision regarding this PUD Rezone (PUDZ) petition and the accompanying Affordable Housing Density Bonus Agreement, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject site is ±51.83 acres, located at 15255 Tamiami Trail East, approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East. The project site includes one parcel: Parcel No. 00763440004. The current use is a single-family home and agricultural fields. The property is designated Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD), Receiving Lands, and is located within the Coastal High Hazard Area on the Future Land Use Map of the Collier County Growth Management Plan (GMP). The adoption of RFMUD Restudy -based GMP Amendments in May 2023 provided for an increased density of up to 12.2 DU/AC on Receiving Lands for affordable housing projects that employ clustering and adhere to the affordable housing provisions in LDC Section 2.06.00. The petitioner seeks to allow a density of 6.0 dwelling units per acre (DU/AC) for a "horizontal multi -family" residential project. The current zoning is A-RFMUO-Receiving-Airport Overlay. Rezoning to RPUD-RFMUO-Receiving -Airport Overlay will allow for development at a density of 6.0 dwelling units per acre (DU/AC) for a "horizontal multi- family" rental project. The petitioner seeks a density bonus of 5.8 DU/AC or 300 bonus units. Based on the Density Rating System of the Affordable Housing Density Bonus (AHDB) Program per LDC Section 2.06.00, the maximum allowable density bonus for committing 10% of units to the very low (<50% AMI) income level is seven units per acre. The proposed bonus of 5.8 DU/AC is under this allowable bonus threshold. After the CCPC meeting, the petitioner requested a reduction of the total units from 310 to 309, as provided in the Affordable Housing Density Bonus Agreement. This revision is reflected in the proposed Ordinance (Attachment A) and the Affordable Housing Density Bonus Agreement (Attachment B). The following affordability commitments are also outlined in Exhibit F of the proposed Ordinance: — No less than 10% of the units will be rented to households earning up to and including 50% of the Area Median Income (AMI) — This restriction shall remain in place for thirty (30) years from the date of issuance of the Certificate of Occupancy of the first unit. — Preference will be given to military veterans and Essential Service Personnel (ESP). ESP means 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, skilled building trades personnel, active -duty military, or a governmental employee. The AHDB Agreement (Attachment B) complies with LDC Section 2.06.00 and requests fewer units than the development is otherwise entitled to seek. The provision of additional density in exchange for the inclusion of rental housing units at the 50% AMI income level is essential in assisting Collier County in meeting its affordable housing needs. Packet Pg. 1927 17.B 09/10/2024 The PUD Master Plan depicts a primary access point and an emergency right -out -only access point along Tamiami Trail East, both subject to FDOT approval. Potential future bicycle/pedestrian interconnections are shown along the western boundary where the abutting property is under Site Development Plan review (PL20230014765) for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102). The site is in the Coastal High Hazard Area. An Emergency Services commitment is in Exhibit F (List of Developer Commitments) included with the Draft Ordinance that the property owner shall provide a one-time developer's contribution of one (1) 35 KW (or higher) towable, diesel, rental -grade generator to Collier County specification to the Collier County Bureau of Emergency Services. The petitioner indicates the minimum requirement of 50% of the site (::L25.92 AC) will be provided as usable open space. No native vegetation exists on the property, so no preserve is provided. An enhanced buffer along Tamiami Trail East is specified in Exhibit F (List of Developer Commitments) included with the proposed Ordinance, providing for a minimum width of 25 feet, trees 14 feet in height no more than 30 feet on center, and a continuous 3-gallon double row hedge spaced 3 feet on center measuring at least 36 inches tall at time of planting. Maximum building height is identified as 35 feet zoned / 40 feet actual for horizontal multifamily uses and 40 feet zoned / 45 feet actual for a clubhouse and recreational buildings. Two deviations are requested: Deviation 1 - Originally, the petitioner requested relief from the minimum setback of 200 feet from U.S. 41 required for Clustered Development per LDC Section 2.03.08.A.2.a(4)(b)ii. b)i) to allow a minimum setback of 60 feet, which staff did not support due to conflict with the GMP criterion for affordable housing density increases, to be granted to projects that employ clustering. During the Planning Commission hearing, the petitioner revised the request to allow a setback of 100 feet, which is supported by staff and the Planning Commission because it provides increased common open space and reduction of the overall development area. This revision is reflected in the attached Draft Ordinance. Deviation 2 - Relief from the 15-foot-wide Type B buffer requirement along the western perimeter to allow for a 10-foot-wide Type A landscape buffer. FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to the issuance of a building permit include building permit review fees. Finally, additional revenue is generated by the application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The site is designated Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands, and is located within the Coastal High Hazard Area on the Future Land Use Map of the Collier County Growth Management Plan (GMP). Generally, Receiving Lands have lesser environmental and listed species habitat values than other lands (Sending and Neutral Lands) within the RFMUD due to prior development and/or agricultural activities. Receiving Lands have been identified as being the most appropriate lands for development and allow for a mixture of urban and rural levels of service. The RFMUD provides Packet Pg. 1928 17.B 09/10/2024 measures to preserve existing natural resources, retain the rural, pastoral, or park -like appearance along arterial roads, and protect private property rights. Incentives such as the Transfer of Development Rights (TDR) process, clustered development, density bonus incentives, and provisions for central water and sewer service have been established to direct development into Receiving Lands and away from Sending Lands. RFMUD Restudy -based GMP amendments have been adopted, including the following staff directive under the Receiving Lands provision for affordable housing: "Maximum Density for Housing that is Affordable: For a project providing housing that is affordable, a maximum density of twelve and two -tenths (12. 2) units per acre is allowed, consistent with Section 2.06.00 of the LDC, subject to rezone approval, and subject to the approval of an Affordable Housing Agreement. TDR credits are not required nor allowed to achieve density. Within one (1) year of adoption of these amendments, the County will initiate the LDC amendment to develop appropriate criteria within Section 2.06.00 of the LDC to specifically address affordable housing projects within Receiving Lands." Staff is currently preparing an LDC Amendment to establish the above -referenced criteria for affordable housing projects. Until clustering standards are adopted into the LDC, the County must evaluate what constitutes clustered development during the review of each land use petition. This affords the flexibility that could result in a determination that a given project's development pattern does or does not constitute clustered development, as may eventually be adopted into the LDC. Based upon research of clustered development, staff has determined that the proposed project does not appear to constitute clustered development. However, as previously noted, there is flexibility for the CCPC and BCC to make their determinations as to what proposed project constitutes clustered development. Based on the TIS and the 2023 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is 51.83 acres and has been historically cleared; no preservation is required. Staff has determined consistency with the GMP, noting there is flexibility for the CCPC and BCC to make their determinations as to what proposed project constitutes clustered development. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDZ-PL20220005665, Elanto at Naples RPUD, on July 18, 2024, and voted unanimously to forward this petition to the Board with a recommendation of approval, subject to revised deviation #1 to allow a setback from U.S. 41 of 100 feet instead of the original requested setback of 60 feet, and subject to the Chairman's review of additional language describing military veteran and essential service personnel preference for the affordable units. Public comments during the Planning Commission hearing included one speaker who asked for clarification of the project location, and it was noted that the project is directly across the street from the Esplanade by the Islands main entrance. Chairman Fryer reviewed language describing military veterans and essential service personnel's preference for the affordable units and responded on July 27, 2024, that the language in the attached Draft Ordinance is acceptable per the Planning Commission discussion. Because the Planning Commission vote was unanimous and no speakers objected to the petition, this item is a Summary Agenda item. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. LEGAL CONSIDERATIONS: As to the rezone: This is a site -specific rezone to a Residential Planned Unit Development (RPUD) Zoning District for a project that will be known as Elanto at Naples RPUD. The burden falls Packet Pg. 1929 17.B 09/10/2024 upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. Criteria for PUD Rezones: Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? Packet Pg. 1930 09/10/2024 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.11], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This rezone item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. As to the affordable housing agreement: The agreement is approved as to form and legality and requires a majority vote for approval. If the rezone is not approved by the Board, this agreement will be withdrawn. (HFAC) RECOMMENDATION: To approve Petition PUDZ- PL20220005665, Elanto at Naples RPUD, and the accompanying Affordable Housing Density Bonus Agreement. Prepared by: Raymond Bellows, Zoning Services Planning Manager, GMCDD ATTACHMENT(S) 1. Elanto Naples CCPC Staff Report (PDF) Packet Pg. 1931 17.B 09/10/2024 2. Att A - Ordinance - 082324 (PDF) 3. Att B - Elanto AHDBA (executed by Property Reserve) 8-14-2024 (PDF) 4. [LINKED] Att C - Elanto at Naples RPUD - CCPC Back-up Documents (PL-20220005665) (PDF) 5. Att D - Elanto RPUD NIM Documents (PDF) 6. Affidavit of Posting Notice and Photos of Signs (7-1-2024) (PDF) 7. legal ads - agenda ID 29585 - Elanto at Naples (PDF) Packet Pg. 1932 17.B 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doc ID: 29585 Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal multifamily dwelling units, subject to an Affordable Housing Density Bonus Agreement to provide 10% of the units (31 units) for households earning up to and including 50% of the County's Area Median Income (AMI), on 51.83f acres of property located approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East, within Section 18, Township 51 South, Range 27 East, Collier County, Florida. (PL20220005665) Meeting Date: 09/10/2024 Prepared by: Title: — Zoning Name: Laura DeJohn 08/15/2024 7:34 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bost 08/15/2024 7:34 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Zoning Mike Bosi Division Director Growth Management Community Development Department Diane Lynch Unknown Jaime Cook GMCDD Reviewer Completed 08/16/2024 8:54 AM Completed 08/20/2024 9:20 AM GMD Approver Completed 08/22/2024 6:51 PM Completed 08/26/2024 10:23 AM Growth Management Community Development Department James C French Growth Management Completed 08/27/2024 9:36 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/27/2024 10:19 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/27/2024 10:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/27/2024 3:51 PM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 08/29/2024 10:10 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 09/02/2024 6:24 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/10/2024 9:00 AM Packet Pg. 1933 17.B.a Z� Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 18, 2024 SUBJECT: PUDZ-PL20220005665; ELANTO AT NAPLES RPUD PROPERTY OWNER/AGENT: Owner: Property Reserve, Inc. 51 S. Main St., Ste 301 Salt Lake City, UT 84111 Agent(s): Robert Mulhere, FAICP Hole Montes, a BOWMAN company 950 Encore Way Naples, FL 34110 REQUESTED ACTION: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A, 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission consider rezoning ±51.83 acres from Rural Agricultural zoning district with Rural Fringe Mixed Use -Receiving Lands and Airport Overlays (A-RMFUO-Receiving-Airport Overlay) to Residential Planned Unit Development with Rural Fringe Mixed Use -Receiving Lands and Airport Overlays (RPUD- RMFUO-Receiving-Airport Overlay) for the Elanto at Naples RPUD to allow for the development of up to 310 horizontal multifamily dwelling units, subject to an Affordable Housing Density Bonus Agreement to provide 10% of the units (31 units) for households earning up to and including 50% of the County's Area Median Income (AMI). GEOGRAPHIC LOCATION: The subject property is located approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East, within Section 18, Township 51 South, Range 27 East, Collier County, Florida. (See location map on following page) PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 1 of 24 Packet Pg. 1934 @eN m mum3999000ZZOZ d-uommdBmuoz:98 6}:podeN jjgS odoosa MeN :WOMMOV � � Im IL \ IL z , z � , § U , o � � .& �. Nh% � �_ � w # § ±�0 ,q k ■ � & � �r a °/�4 a mU_9 _ \ § CL � � � � .C: D N LO (D CD LO CD 0 � � � CD � � f E $ � E _ Z E = � � � C13 � � 0 4-0 co U 0 J PUD - L 0 2 0 me5- EaGoat Naples RPUD July ]t2024 Page 272 17.B.a PURPOSE AND DESCRIPTION OF PROJECT: The request seeks to rezone ±51.83 acres located at 15255 Tamiami Trail East, approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East. The project site includes one parcel: Parcel No. 00763440004. The current use is a single-family home and agricultural fields. The rezoning from A-RFMUO-Receiving-Airport Overlay to RPUD-RFMUO-Receiving-Airport Overlay will allow for development of up to 310 dwelling units at a density of 6.0 dwelling units per acre (DU/AC) for a "horizontal multi -family" residential project, to be known as Elanto at Naples RPUD. The standard density permitted for the Rural Agricultural zoning district is 1 unit per 5 acres, so the base zoning entitles 10 dwelling units (51.83 Acres X 0.20 DU/AC = 10.37 units). Future Land Use policies of the Growth Management Plan (GMP) allow the maximum eligible density in RFMUD Receiving Lands to be 12.2 DU/AC, subject to the Affordable Housing Density Bonus Program and other criteria (see the GMP Consistency analysis beginning on page 6). The petitioner seeks a density bonus of 5.8 DU/AC, or 300 bonus units. Based on the Density Rating System of the Affordable Housing Density Bonus (AHDB) Program per LDC Section 2.06.00, the maximum allowable density bonus for committing 10% of units to the very low (<50% AMI) income level is 7 units per acre. The proposed bonus of 5.8 DU/AC is under this allowable bonus threshold. See Attachment B for the Affordable Housing Density Bonus Agreement. Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing 1, 2, 3 Prod uct(%ofMI) 10% 20% 30% 40% 50% 60% Gap (a 120-5140)4, 5 1 2 3 4 5 6 Moderate {>80-5120} 4 2 4 5 6 7 8 Low 3 6 7 8 9 10 Very -Low (550) 7 8 9 10 11 12 Excerpt from LDC Section 2.06.03 AHDB Rating System, Table A. Affordable Housing Density Bonus (yellow highlights added) The PUD Master Plan depicts a primary access point and an emergency right -out only access point along Tamiami Trail East, both subject to FDOT approval. Potential future bicycle/pedestrian interconnections are shown along the western boundary where the abutting property is under Site PUDZ-PL20220005665 — Elanto at Naples RPUD Page 3 of 24 July 11, 2024 Packet Pg. 1936 17.B.a Development Plan review (PL20230014765) for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102). The site is in the Coastal High Hazard Area. An Emergency Services commitment is in Exhibit F (List of Developer Commitments), included within the Draft Ordinance, that the property owner shall provide a one-time developer's contribution of one (1) 35 KW (or higher) towable, diesel, rental -grade generator to Collier County specification to the Collier County Bureau of Emergency Services. The petitioner indicates the minimum requirement of 50% of the site (±25.92 AC) will be provided as usable open space. No native vegetation exists on the property, so no preserve is provided. An enhanced buffer along Tamiami Trail East is specified in Exhibit F (List of Developer Commitments) included with the Draft Ordinance, providing for a minimum width of 25 feet, trees 14 feet in height no more than 30 feet on center, and a continuous 3-gallon double row hedge spaced 3 feet on center measuring at least 36 inches tall at time of planting. In Exhibit B (Development Standards) included with the Draft Ordinance, proposed maximum building heights are consistent with the design standards applicable to RFMU Receiving Lands clustered development with maximum height of 35 feet zoned / 40 feet actual for horizontal multifamily uses and 40 feet zoned / 45 feet actual for clubhouse and recreational buildings. Two deviations are requested, see page 21 of this staff report for analysis of these deviation requests: Deviation 1 — Relief from the minimum setback of 200 feet from U.S. 41 required for Clustered Development per LDC Section 2.03.08.A.2.a(4)(b)ii.b)i) to allow a minimum setback of 60 feet limited to the two specific locations keyed with Deviation 1 symbol on the Master Plan (Exhibit C included with the Draft Ordinance). Deviation 2 — Relief from the 15-foot wide Type B buffer requirement along the western perimeter to allow for a 10-foot wide Type A landscape buffer. [remainder of page intentionally left blank] PUDZ-PL20220005665 — Elanto at Naples RPUD Page 4 of 24 July 11, 2024 Packet Pg. 1937 17.B.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding the boundaries of the proposed Elanto at Naples RPUD, which is currently occupied by a single-family home and agricultural lands with a zoning designation of Agricultural Zoning District - Rural Fringe Mixed Use Zoning Overlay District - Receiving Lands with Airport Overlay (A-RFMUO-Receiving Lands -Airport Overlay). North: Excavation site accessed by Marete Drive, zoned A-RFMUO-Receiving Lands. Resolution 03-354 granted Conditional Use approval for earth mining operations. HEX Decision 2020-18 (VA-PL2020000244) authorized reduced front yard requirements for 8 proposed residential lots at density of 1 DU/5 AC. East: 34-acre property used for agricultural/grazing purposes zoned A-RFMUO-Receiving Lands -Airport Overlay. South: Across Tamiami Trail East are residential uses accessed via the Bella Tesoro Street entrance of Fiddler's Creek, zoned Fiddler's Creek DRI/PUD-RFMUO-Neutral Lands - Airport Overlay. West: Undeveloped property zoned Travel Trailer and Recreational Vehicle Park with Rural Fringe Mixed Use Overlay -Receiving Lands with Airport Overlay (TTRVC-RFMUO- Receiving Lands -Airport Overlay). Pending Site Development Plan (PL20230014765) for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102), yielding density of 15.3 DU/AC. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 5 of 24 July 11, 2024 Packet Pg. 1938 17.B.a GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: Future Land Use Element (FLUE): The ±51.83-acre site is designated Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands, and is located within the Coastal High Hazard Area on the Future Land Use Map of the Collier County Growth Management Plan (GMP). The proposed request is to allow up to a maximum of 310 residential rental units (6 DU/AC), with up to 10% of the total number of units constructed (up to 31 units) dedicated to affordable housing with rental rates affordable to households earning at or below 50% of the Area Median Income (AMI). Rural Fringe Mixed Use District (RFMUD)/Receivin Lands: ands: Receiving Lands provide transitional areas between lands designated Urban, Estates, Agricultural/Rural, and Conservation. Generally, Receiving Lands have lesser environmental and listed species habitat values than other lands (Sending and Neutral Lands) within the RFMUD due to prior development and/or agricultural activities. Receiving Lands have been identified as being the most appropriate lands for development and allow for a mixture of urban and rural levels of service. The RFMUD provides measures to preserve existing natural resources, retain the rural, pastoral, or park -like appearance along arterial roads, and protect private property rights. Incentives such as, the Transfer of Development Rights (TDR) process; clustered development; density bonus incentives; and, provisions for central water and sewer service have been established to direct development into Receiving Lands and away from Sending Lands. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 6 of 24 July 11, 2024 Packet Pg. 1939 17.B.a Receiving Lands Density (Non -Rural Village): Maximum density 1.0 Maximum density achievable with TDR Credits DU/5 AC or 0.2 DU/AC (subject site: 10 DUs) 1.0 DU/AC (subject site: 51 DUs) Maximum density achievable with Affordable Housing 12.2 DU/AC (subject site: 632 DUs) Proposed Project density with Affordable Housing 6.0 DU/AC (310 DUs) Receiving Lands Clustering Requirement for Affordable Housing Projects: The BCC directed a Restudy of the RFMUD and subsequent adoption of the Restudy -based GMP Amendments in May 2023 provided for increased density of up to 12.2 DU/AC on Receiving Lands for affordable housing projects that employ clustering and adhere to the affordable housing provisions in LDC Section 2.06.00. The applicant is proposing to develop a horizontal multi -family project, a trend in build -to -rent communities. As proposed, single-family units will be constructed on a single parcel, separate from, but in combination with duplex and townhome development. The proposed Master Plan (Exhibit C) and development standards allow for a reduction in yards to increase the number of units on the site ("clustering"); however, clustering of all units on a portion of the site to limit the development footprint does not appear to have been achieved in this project proposal. The proposed project layout is consistent with a suburban/urban style PUD, typical of the County's urban areas. The proposed residential units are spread -out throughout the parcel, not clustered on a portion of the site as intended by the GMP and LDC provisions. Planning principles and practices describe clustering as a land use pattern in which related activities are located close together, typically within convenient walking distances. Cluster layouts preserve the rural character of land by retaining stretches of open space and directing development away from natural and agricultural areas, etc., by limiting development to a small footprint on the site. Further, cluster developments typically offer varied recreational opportunities, open space preservation, design flexibility, and lower construction costs, e.g., the extension of infrastructure (utilities and roads) is limited throughout the site. The Collier County Land Development Code defines cluster and cluster development as follows: Cluster: Concentrating or grouping buildings more closely than in conventional arrangements, locating such buildings on a limited portion of a development site, in order to allow for open space or preservation of natural features. Cluster development: A design technique allowed within residential zoning districts or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 7 of 24 Packet Pg. 1940 17.B.a The below clustering standards contained within the Growth Management Plan do not contemplate horizontal multi -family development, i.e., the development standards were established for conventional single-family only and multi -family only development. 3. Clustering: Where the transfer of development rights or provision for housing that is affordable is employed [emphasis added] to increase residential density within Receiving Lands, such residential development shall be clustered [emphasis added] in accordance with the following provisions. a) Consistent with the provisions of the Potable Water and Sanitary Sewer Subelements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Receiving Lands, interim private water and sewer facilities may be approved. b) The maximum lot size allowable for a single-family detached dwelling unit is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and creation, maintenance or enhancement of wildlife corridors. It was anticipated at the time of adoption of the RFMUD Restudy -based GMP amendments that standards for the affordable housing provision to allow higher densities on Receiving Lands would be established in the LDC to address provisions such as, clustering, locational standards, and acreage thresholds. The RFMUD amendments included the following staff directive under the Receiving Lands provision for affordable housing, "Maximum Density for Housing that is Affordable: For a project providing housing that is affordable, a maximum density of twelve and two -tenths (12. 2) units per acre is allowed, consistent with Section 2.06.00 of the LDC, subject to rezone approval, and subject to the approval of an "Affordable Housing Agreement. " TDR credits are not required, nor allowed, to achieve density. Within one (1) year of adoption of these amendments, the County will initiate the LDC amendment to develop appropriate criteria within Section 2.06.00 of the LDC to specifically address affordable housing projects within Receiving Lands. " Staff is currently preparing an LDC Amendment to establish the above referenced criteria for affordable housing projects. Until clustering standards are adopted into the LDC, the County must evaluate what constitutes clustered development during the review of each land use petition. This affords the flexibility that could result in a determination that a given project's development pattern does or does not constitute clustered development, as may eventually be adopted into the LDC. Based upon research of clustered development, staff has determined that the proposed project does not appear to constitute clustered development. However, as previously noted there is flexibility for the CCPC and BCC to make their determinations as to what proposed project constitutes clustered development. Transportation Element: In evaluating this project, staff reviewed the applicant's May 24, 2023 Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2023 Annual Update and Inventory Reports (AUIR). PUDZ-PL20220005665 — Elanto at Naples RPUD Page 8 of 24 July 11, 2024 Packet Pg. 1941 17.B.a Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity ofpermissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project' significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 227 PM peak hour, 2-way trips on the adjacent roadway segments. The trips generated by this development will occur on the following roadway links: Link/Roadway Link Current Peak Projected 2023 AUIR 2023 AUIR Hour Peak P.M. Peak Remaining LOS Direction Hour/Peak Capacity (Level of Volume/Peak Direction Service) Direction Project Trips (1) 95.3/US-41 San Marco Dr. 1,075 (2)/East 1321EII 728 B Tamiami Trail to Greenway (3) Rd. 95.2/ US-41 Greenway rd. 2,000/East 94/EB 682 C Tamiami Trail to Joseph Ln. (3) 95.1/US-41 Joseph Ln. to 3,100/East 84/EB 1,703 B Tamiami Trail Collier Blvd. (3) 94.0/US-41 Collier Blvd. 3,000/East 31/EB 1,076 C Tamiami Trail to Triangle (3) Blvd. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 9 of 24 July 11, 2024 Packet Pg. 1942 17.B.a 35.0/Collier US-41 3,200/North 14/NB 516 D Boulevard Tamiami Tr. To Rattlesnake Hammock Rd 37.0/Collier Manatee Rd. to 2,200/North I I/NB 209 D (4) Boulevard (3) Mainsail Dr. • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the May 24, 2023 Traffic Impact Statement provided by the petitioner. • (2) FDOT Sourced Count Station. • (3) FDOT Jurisdictional Roadway • (4) Trip Bank Expected Deficient in 2029. Deficiency is not due to proposed development. Based on the TIS and the 2023 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is 51.83 acres and has been historically cleared, no preservation is required. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. Staff has determined consistency with the GMP, noting there is flexibility for the CCPC and BCC to make their determinations as to what proposed project constitutes clustered development. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.13.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition to address environmental concerns. The property has been historically cleared and maintained clear of native vegetation required to be preserved. The Master Plan does not show a preserve since no minimum preservation is required. The subject property is located within foraging habitat for the Florida Sandhill Crane (Antigone candensis pratensis). Suitable foraging habitat for the Florida Sandhill Crane is present within the subject property (open pastureland); and one individual Florida Sandhill Crane was observed PUDZ-PL20220005665 — Elanto at Naples RPUD Page 10 of 24 July 11, 2024 Packet Pg. 1943 17.B.a onsite. Additionally, the pastureland is potential habitat for caracara (Caracara cheriway); however, no caracara was observed onsite. The Environmental Data indicates the subject property falls within (FWS) Secondary Zone for Florida Panther (Felis concolor coryi). There were no observations of panther onsite. The telemetry data indicates Florida panthers are not abundant within the boundary of the proposed project. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Environmental Services staff recommends approval of the petition. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Landscape Review: Landscape buffers shown on the Master Plan meet or exceed the LDC requirements except for the landscape related deviation request, which staff supports finding that, in compliance with LDC section 10.02.13.A.3., "the element may be waived without detrimental effect on the health, safety, and welfare of the community," and per LDC section 10.02.13.13.51, the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Utilities Review: The project lies within the regional potable water service area and the South wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Developer commitments are listed in Exhibit F of the Draft Ordinance attached to this report. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. Housin,y Policy and Economic Development Review: The Elanto PUD proposes to utilize existing Density Bonus Provisions, including those for Affordable Housing, for a total of 6 du/ac over the ±51.83-acre site, resulting in 310 residential units. The Developer proposes to provide ten percent of the units (31 units) as rental dwelling units for Very -Low Income households, those earning up to 50 percent of the Collier County annual median income. The increase in total units is consistent with the Collier County Growth Management Plan's Density Rating System and the Affordable Housing Density Bonus (AHDB) provisions of the Land Development Code Section 2.06.03. As shown on the chart below, the AHDB program allows developments that provide a minimum of 10% of the total units for Very -Low Income households a bonus density of 7 du/ac. This development is seeking one du/ac fewer than the 7 du/ac the chart would entitle it to, and six du/ac fewer than could be requested for a 100% affordable development. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 11 of 24 July 11, 2024 Packet Pg. 1944 17.B.a LDC 2.06.03 AHDB Rating System (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housings, 2,3 Product (% of MI) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap (>120-5140)4,5 1 2 3 4 5 6 7 8 n/a n/a Moderate (>80-5120)4 2 4 5 6 7 8 9 10 11 12 Low (>50-580) 3 6 7 8 9 10 11 12 12 12 Very -Low (:550) 7 0 8 9 10 11 12 12 12 12 12 Current University of Florida Shimberg Center for Housing Studies reports indicate that 27,525 Very -Low Income households in Collier County are housing cost burdened (spend more than 30% of household income on housing expenses), with 19,296 of those being severely housing cost burdened (spending more than 50% of household income on housing expenses). The Very -Low Income rental units provided by this development will help to fill a critical need for housing available to some of the county's lowest -income residents. By way of example, the 2024 Florida Housing Finance Corporation Income and Rent Limits for units at the 50% AMI level are shown in the chart below. 2024 Collier County Income & Rent Limits for Affordable Housing In came Limit by Number of People in Unit Rent Limit by Number of Bedrooms in UrW 2024 Percentage Area Median Infome Category Name 1 2 4 1 2 3 Collier 30% E=ernelyLow $ 21,930 $ 25,050 $ 31,290 $ 587 $ 704 $ 813 County 50% Very Low $ 36,550 $ 41,750 $ 52,150 $ 978 $ 1,173 $ 1,356 Median 60% .1. $ 43,860 $ 50,100 $ 62,590 $ 1,174 $ 1,408 $ 1,627 Household 80% Low $ 58,480 $ 66,300 $ 83,440 $ 1,566 $ 1,878 $ 2,170 Income 1001/0 median $ 73,100 $ 83,500 $ 104,300 $ 1,958 $ 2,348 $ 2,713 $104,300 120% Moderate $ 87,720 $ 100,200 $ 125,160 $ 2,349 $ 2,817 $ 3,255 140% Gap $ 102,340 $ 116,900 $ 146,020 $ 2,741 $ 3,287 $ 3,798 Source: HUD 2024 Median Income; Florida Housing Finance Corp, Income and Rent limits `Grass rent, includes utility allowance The Housing Policy and Economic Development staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of the PUD and Affordable Housing Density Bonus Agreement (AHDBA). Zoning Services Review: Zoning staff has evaluated the proposed uses related to intensity and compatibility. The proposed density for the project is 6.0 dwelling units per acre for a total of 310 horizontal multifamily residential units. The maximum density is calculated based on an affordable housing commitment of 10% (31 units) of the 310 total units to be reserved for residents at or below the very low-income category (<50% AMI). The principal use is considered "horizontal multifamily residential" as defined in the submitted PUD documents which includes a mix of single family, duplex, and townhouse and/or villa type dwellings. The historically rural character and agricultural development pattern in the vicinity of the site is changing. Fiddler's Creek DRI/PUD continues to build out along the south side of US 41 /Tamiami Trail East. Fiddler's Creek DRI/PUD is approved for 6,000 units on 3,932 acres (gross density of 1.6 DU/AC)1. The intersection of Greenway Road and Sandpiper Street with US 41 approximately 0.3 mile north of the subject site has developed with a community scale shopping center and 1 Pending amendments to the Fiddler's Creek DRI Development Order (PL20210003115), PUD (PL20210003112), and GMP (PL20210003111) propose to increase the total units from 6,000 to 6,750 dwelling units yielding density of 1.7 DU/AC. PUDZ-PL20220005665 - Elanto at Naples RPUD July 11, 2024 Page 12 of 24 Packet Pg. 1945 17.B.a convenience store. Pending proposals for land use changes, rezonings, and Live Local Act development are surrounding the site including: • Naples Greenway SDP-PL20230014765 for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102), yielding 15.3 DU/AC. • Greenway Fritchey GMPA-PL20220002063 & PUDZ-PL20220002061 seeking 1,400 units on 213.74 acres (5.9 DU/AC). • East Trail Mixed Use Project GMPA-PL20230008643 & PUDZ-PL20230008640 seeking 64,000 square feet of commercial and 300 units on 24.4 acres (12.3 DU/AC). The table on the following page compares the proposed Elanto at Naples RPUD to other approved PUDs in the area: [see table on following page] PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 13 of 24 Packet Pg. 1946 17.B.a Name (PUD) Elanto at Naples (proposed) Fiddler's Creek DRI ORD. 98-13, 98- 49, 00-84, & 00- 458 (Pending PL20210003112) Charlee Estates PUD ORD. 91-91 & 03-05 Paradise Point RV Resort PUD ORD. 95-53 Regal Acres RPUD ORD. 05-36 & 18-52 Walnut Lakes PUD ORD. 01-70 & 03-06 Basik Drive Storage CPUD ORD. 23-07 Max. Max. Total Bldg. Bldg. Dwellings, Height Height General Total if Density Intensity -Zoned -Actual Location Acres applicable (DU/AC) (sq ft) (ft) (ft) Subject site 51.83 310 6.0 n/a 35; 40; 40 45 Immediately 3,932 south across US 41, and farther west West on the 28.4 south side of US 41 West on the south side of US 41 West on the north side of US 41 off Greenway Rd West on the north side of US 41 East, at the NE corner of Tamiami Trail East & Basik Dr 6,000 1.6; (pending (pending request for request 6,750) yields 1.7) 124 1 4.4 56.13 383 59.9 300 204 612 13.87 n/a 6.8 (RV units) 5.0 3.0 n/a 325,000 sf 50 n/a 20 n/a 20 n/a 35 n/a 50 (3 stories) 120,000sf mini storage; 50,000sf office/commercial; 350 outdoor 45 n/a n/a n/a 40 n/a 50 Conversion of agricultural uses to suburban style development is continuing consistent with the Future Land Use policies of the GMP which determine the Receiving Lands as being the most appropriate lands for development and allowing for a mixture of urban and rural levels of service. The proposed density of 6.0 DU/AC is within the range of densities that exist and that are anticipated by policies of the GMP for the surrounding area. The Airport Overlay designation falls on the front portion of the property near US 41. This area is within the Conical Surface surrounding the Marco Island Executive Airport, and the proposed maximum heights within the PUD are well under the airspace protection thresholds at elevations of 300 to 350 feet. The proposed residential development is not anticipated to present smoke, glare, or other visual impairment to pilots. The design of the project is to be clustered according to GMP policy. Amendments are forthcoming to the LDC regulating the design of clustered development at the higher densities for affordable housing as contemplated for the RFMUO in the GMP. LDC Section 4.02.04 establishes PUDZ-PL20220005665 — Elanto at Naples RPUD Page 14 of 24 July 11, 2024 Packet Pg. 1947 17.B.a standards for cluster residential design, however this section refers to Section 2.03.08.A.2 for clustering standards in the RFMU Receiving Lands. The standards governing clustered development now in place in the LDC applicable to this project are found under Section 2.03.08 Rural Fringe Zoning Districts, RFMU Overlay, Receiving Lands, specifically: LDC Section 2.03.08.A.2.a.(3) permits multifamily development if clustering is employed. LDC Section 2.03.08.A.2.a.(4)(b) establishes clustered development design standards: i. Lot area and widths — The site is proposed as a unified development plan that conforms to minimum lot area of one acre and minimum lot width of 150 feet. ii. Minimum yard requirements — For each multi -family lot or parcel minimum yard shall be established within an approved PUD, and the petition establishes the minimum yards in Exhibit B of the Draft Ordinance attached to this report. A deviation is requested from the Code provision for a minimum 200 foot setback from arterial roadways. iii. Height limitations — The proposed maximum heights in in Exhibit B of the Draft Ordinance are 35 feet zoned / 40 feet actual for horizontal multifamily uses and 40 feet zoned / 45 feet actual for clubhouse and recreational buildings. This is within the Code provision for multifamily uses at five stories not to exceed 60 feet and clubhouses which may be 50 feet in height. The maximum height for accessory uses is proposed to be the same as principal structures, which aligns with the LDC provision for screen enclosures. Per the LDC, accessory uses to be a maximum 20 feet in height, except for screen enclosures, which may be the same height as the principal structure. iv. Minimum floor space — The petition conforms to the Code provided minimums of 600 square feet for one -bedroom units and 800 square feet for two or more bedroom units. With the standards for clustering considered as stated above, staff also reviewed whether the proposed Master Plan achieves the objectives listed in the definition of cluster development per LDC Section 1.08.02. Below is the definition followed by staffs evaluation of the objectives that are denoted in bold: A design technique allowed within residential zoning districts or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water. o Per the Master Plan the minimum required open space (50%) is provided; no increase of common open space is proposed. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 15 of 24 July 11, 2024 Packet Pg. 1948 17.B.a o Per the Master Plan, the entirety of the site is shown as development area; no reduction of overall development area is proposed. o Per the Environmental staff review, native vegetation is not present, so reducing alterations and impacts to natural resources on the site is not applicable. o Cost of providing services is relative to the site's context and availability of services; central sewer and water is available. The proposed Master Plan (Exhibit C to the Draft Ordinance) lacks increased open space to a greater extent than the minimum 50% required, and it lacks a reduction of overall development area; the entirety of the site is shown as development area. The petitioner's request to deviate from the clustered development design standard in LDC Section 2.03.08.A.2.a.(4)(b)(ii)(b) that no multi -family dwelling may be located closer than 200 feet to the arterial roadway (U.S. 41) exacerbates the lack of open space and expanse of the development area. Deviating from this provision to develop dwellings across a greater expanse of the property (nearer to the arterial roadway) contradicts the objectives of increased common open space and reducing the overall development area. Therefore, staff does not support the deviation. If the project adheres to the 200-foot separation standard with an increase of open space and reduction of development area along the arterial, the project can be found to conform with the current standards and definition of clustered development. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08." (Zoning Division staff responses in non -bold). 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The 51.83+/- acre project with up to 310 dwelling units (31 reserved as affordable housing units rented to those with incomes up to and including 50% AMI) at a density of 6.0 dwelling units per acre is generally compatible with the existing and anticipated multifamily and non-residential uses as contemplated in the GMP for the surrounding area. The site is located on a major arterial, U.S. 41. The intersection of Greenway Road and Sandpiper Street with US 41 approximately 0.3 mile north of the subject site is developed with a community scale shopping center and convenience store. A water main is available along Tamiami Trail E. and a wastewater main is also available along Tamiami Trail E. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 16 of 24 Packet Pg. 1949 17.B.a The site's stormwater management system design must meet county requirements and applicable South Florida Water Management District (SFWMD) permitting requirements. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the [GMP/. Staff has analyzed the petition for consistency with the goals, objectives, and policies of the GMP. In May 2023, the GMP was amended to allow for a density of up to 12.2 dwelling units per acre within the RFMUD — Receiving Lands FLUM designation when providing housing that is affordable and in accordance with Section 2.06.00 of the LDC (Ordinance 2023-25). See the GMP Consistency portion of this staff report on page 6. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses will be compatible with the mix of commercial and residential uses within the surrounding area. The GMP allows up to 12.2 dwelling units per acres within the RFMUD — Receiving Lands designation when providing housing that is affordable in accordance with Section 2.06.00 of the LDC (Ordinance 2023-25). The commitment to provide 10% of the units as affordable to households earning up to and including 50% AMI qualifies the project for the proposed density of 6.0 dwelling units per acre. The Master Plan shows a minimum 10-foot-wide Type A landscape buffer along the north, east, and west boundaries; and an enhanced 25-foot-wide Type D landscape buffer is proposed adjacent to US 41/Tamiami Trail East. Along the western boundary, a deviation is sought for relief from the required 15-foot-wide Type B landscape buffer abutting commercially designated property (TTRVC), and the proposed Type A buffer would be conforming if the pending Site Development Plan (PL20230014765) is approved on the abutting property for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102). Potential future bicycle/pedestrian interconnections are also shown along the western boundary. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 17 of 24 Packet Pg. 1950 17.B.a 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The petitioner indicates on the Master Plan that open space provided on the site will be 50% of the total area of the site, or 25.92 acres, which meets the required minimum 50% open space that must be provided in residential developments that provide affordable housing within the RFMU District Receiving Lands (FLUE II.B. LA). The proposed Master Plan lacks increased open space to a greater extent than the minimum 50% required, which is contrary to the definition of cluster development per LDC Section 1.08.02. The petitioner's request to deviate from the clustered development design standard in LDC Section 2.03.08.A.2.a.(4)(b)(ii)(b) that no multi -family dwelling may be located closer than 200 feet to the arterial roadway (U.S. 41) exacerbates the lack of open space and expanse of the development area. Staff does not support the deviation. If the project adheres to the 200-foot separation standard with an increase of open space and reduction of development area along the arterial, the project can be found to conform with the current standards and definition of clustered development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. A water main is available along Tamiami Trail E., and a wastewater main is also available along Tamiami Trail E. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The property is proposed to accommodate 310 dwelling units, and no intentions are indicated for future expansion. Abutting property to the west is under Site Development Plan review (PL20230014765) for 368 multi -family dwellings on 24 acres per the Live Local Act (SB 102). Potential for future bicycle/pedestrian interconnections to this property are shown on the Master Plan. No connections are proposed to the north or east. Abutting property to the north is an excavation site accessed by Marete Drive, zoned A- RFMUO-Receiving Lands. HEX Decision 2020-18 (VA-PL2020000244) authorized PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 18 of 24 Packet Pg. 1951 17.B.a reduced front yard requirements for 8 proposed residential lots. Abutting property to the east is used for agricultural/grazing purposes. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner requests two deviations from the LDC; see the Deviations section of this staff report beginning on page 21. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. Staff has analyzed the petition for consistency with the goals, objectives, and policies of the GMP. See the GMP Consistency portion of this staff report on page 6. 2. The existing land use pattern. The site has direct access to a major arterial roadway, US 41/Tamiami Trail East. The intersection of Greenway Road and Sandpiper Street with US 41 approximately 0.3 mile north of the subject site is developed with a community scale shopping center and convenience store. The historically rural character and agricultural development pattern in the vicinity of the site is changing. Conversion of agricultural uses to suburban style development is continuing consistent with the Future Land Use policies of the GMP which determine the Receiving Lands as being the most appropriate lands for development and allowing for a mixture of urban and rural levels of service. The proposed residential development at a density of 6.0 DU/AC is within the range of densities that exist and that are anticipated by policies of the GMP for the surrounding area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. To the south across U.S. 41 is the Fiddler's Creek DR /PUD which allows for residential and commercial uses. Properties to the north and east are zoned Agricultural. Property to the west is zoned Travel Trailer and Recreational Vehicle Park (TTRVC) but is pending review for a proposed multifamily development. The proposed rezoning to RPUD will not create an isolated district unrelated to adjacent and nearby districts. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 19 of 24 Packet Pg. 1952 17.B.a 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The RPUD boundary follows the existing boundary of the parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary but is being requested in compliance with the LDC provisions to seek such changes. The petitioner believes the rezoning is necessary to accommodate construction that will meet a market need in the surrounding community for market rate and affordable rental housing units. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will provide new living opportunities and is not likely to adversely influence living conditions in the neighborhood. In accordance with LDC Section 2.03.08.A.2.a.(2)(b)i.(c), the petitioner included commitments in Exhibit F of the Draft Ordinance to wildfire prevention and mitigation measures and to provide a one-time developer's contribution of one 35 KW (or higher) towable, diesel, rental -grade generator to Collier County specification to the Collier County Bureau of Emergency Services. Prior to development, impacts on evacuation routes, if any, are also required to be evaluated, and working with the Collier County Emergency Management staff an Emergency Preparedness Plan shall be developed to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time as outlined above, i.e., GMP consistent at the time of rezoning, as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. LDC Section 2.03.08.A.2.a.(2)(b)i.(c) requires prior to development that impacts on evacuation routes, if any, are evaluated and working with the Collier County Emergency Management staff an Emergency Preparedness Plan shall be developed to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 20 of 24 Packet Pg. 1953 17.B.a 8. Whether the proposed change will create a drainage problem. The request is not anticipated to create a drainage problem; stormwater management requirements are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this RPUD will reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Property value is affected by many factors. It is driven by market conditions and is generally, a subjective determination. Zoning alone is not likely to adversely affect the property values, and the proposed residential development would represent a substantial investment in the property. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The rezoning request to allow for 310 residential units is not likely to deter development activity or improvement of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed density cannot be achieved within the RFMUD Receiving Lands Future Land Use Designation without rezoning to RPUD and approval of an Affordable Housing Agreement and compliance with criteria within Section 2.06.00 of the LDC. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed uses, associated development standards, and developer commitments help ensure that the project is not out of scale with the needs of the community. PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 21 of 24 Packet Pg. 1954 17.B.a 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC. Staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The RPUD is proposed to include up to 310 residential dwelling units. Any development anticipated by the PUD would require considerable site alteration. Such alteration is subject to federal, state, and local development requirements to be reviewed during the development and building permitting processes. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. DEVIATION DISCUSSION The petitioner seeks two deviations from the requirements of the LDC. Below the deviations are restated from Exhibit E of the Draft Ordinance. The petitioner's rationale and staff analysis/recommendation are provided below. Deviation # 1: (Clustered Development) Requests relief from LDC Section 2.03.08.A.2.a(4)(b)ii.b)i) "Setback from Arterial or Collector roadway(s)", which requires a minimum setback of 200 feet to U.S. 41, to instead allow for a minimum setback of 60 feet to U.S. 41 for multi -family development, limited to the two specific locations keyed with the Deviation 1 symbol on the Master Plan (Exhibit C) where the "R" residential tract is in proximity to U.S. 41. PUDZ-PL20220005665 — Elanto at Naples RPUD Page 22 of 24 July 11, 2024 Packet Pg. 1955 17.B.a Petitioner's Justification: This deviation is requested in order to develop a moderate density (6du/ac) community with an affordable housing component. Additionally, this deviation will allow for the flexibility needed for market rate unit types to adjust to the demands of the housing market and better fulfill the Collier County housing needs of providing a mixture of housing types. If approved, this deviation will result in a more clustered developmentpattern than what is required by code. The reduced setback will allow for the maximization of open space while limiting infrastructure costs, which will result in a more attractive development and cost -savings that will aid in the development of quality, affordable housing units. The proposed deviation will allow the proposed affordable housing which will provide a 30 year public benefit and will assist the county with its affordable housing goals outlined within their Growth Management Plan. Approval of this deviation request will not affect public health and safety but will enhance welfare of the community. Staff Analysis and Recommendation: The clustered development design standards established in LDC Section 2.03.08.A.2.a.(4)(b)(i) provide that no multi -family dwelling may be located closer than 200 feet to a roadway classified or defined as an arterial roadway. Deviating from this to develop dwellings across a greater expanse of the property (nearer to the arterial roadway) contradicts the objectives of increased common open space and reducing the overall development area. Therefore, staff does not support the deviation. If the project adheres to the 200-foot separation standard with an increase of open space and reduction of development area along the arterial, the project can be found to conform with the current standards and definition of clustered development. Staff recommends DENIAL, finding that the petitioner has not demonstrated the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations" per LDC section 10.02.13.B.5.h. Proposed Deviation # 2: (Buffer Requirements) Requests relief from LDC Section 4.06.02, Table 2.4 "Table of Buffer Requirements by Land Use Classifications", which requires a fifteen -foot -wide Type B landscape buffer along the western perimeter, to allow for a 10-foot-wide Type A landscape buffer along the western perimeter. Petitioner's Justification: The parcel to the west is zoned TTR VC, which is considered a commercial zoning district. Table 2.4 requires a fifteen -foot -wide Type B landscape buffer between multi family and commercial zoning districts and/or uses. The intent of the TTRVC zoning district is to allow for trailer lots for travel trailers, park model travel trailers, motor homes, and other vehicular accommodations suitable for temporary habitation. The only principal, permitted use is travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. These are not the more intense commercial uses typically found in commercial zoning districts. A Type A buffer will provide sufficient buffering and screening for the proposed development. Due to the size of the project, the perimeter landscape buffers will be costly. The cost savings from the Type A buffer will aid in the development of quality, affordable housing units. The proposed deviation will allow the proposed affordable housing which will provide a 30 year public benefit and will assist the county with its affordable housing goals outlined within their PUDZ-PL20220005665 — Elanto at Naples RPUD Page 23 of 24 July 11, 2024 Packet Pg. 1956 17.B.a Growth Management Plan. Approval of this deviation request will not affect public health and safety but will enhance welfare of the community. Staff Analysis and Recommendation: The proposed Type A buffer would be conforming if the pending Site Development Plan (PL20230014765) is approved on the abutting property for 368 multi -family dwellings per the Live Local Act (SB 102). Potential future bicycle/pedestrian interconnections are also shown along the western boundary. Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., "the element may be waived without detrimental effect on the health, safety, and welfare of the community," and per LDC section 10.02.13.B.5.h, the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner conducted a NIM on Wednesday, June 21, 2023 at Rookery Bay National Estuarine Research Reserve, The Auditorium, 300 Tower Road. The meeting commenced at approximately 5:30 p.m. and ended at 6:00 p.m. Approximately 6 people were in attendance and 1 participant attended via ZOOM. Questions were raised about the timing of approval, funding for the affordable housing units, management of the project once complete, and energy efficiency/sustainability of the building design. See Attachment D for NIM documentation. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on June 19, 2024. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL20220005665 Elanto at Naples RPUD and the associated Affordable Housing Density Bonus Agreement to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the denial of Deviation #1 from clustered development standards. Attachments: A. Draft Ordinance B. Affordable Housing Density Bonus Agreement C. Application/Backup Materials D. NIM Documentation PUDZ-PL20220005665 — Elanto at Naples RPUD July 11, 2024 Page 24 of 24 Packet Pg. 1957 17.B.b ORDINANCE NO.2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT ZONING OVERLAY —RECEIVING LANDS AND AIRPORT OVERLAY TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT ZONING OVERLAY -RECEIVING LANDS AND AIRPORT OVERLAY, FOR A PROJECT TO BE KNOWN AS ELANTO AT NAPLES RPUD TO ALLOW CONSTRUCTION OF UP TO 309 HORIZONTAL MULTI -FAMILY RENTAL UNITS WITH AN AFFORDABLE HOUSING AGREEMENT, ON PROPERTY LOCATED ON THE NORTH SIDE OF US 41, APPROXIMATELY .3f MILES SOUTHEAST OF THE INTERSECTION OF US 41 AND GREENWAY ROAD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, CONSISTING OF 51.83f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL202200056651 WHEREAS, Robert Mulhere, FAICP, of Bowman company, and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Property Reserve, Inc., petitioned the Board of County Commissioners of Collier County, Florida, 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 18, Township 51 South, Range 27 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District Zoning Overlay -Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe [23 -CPS-02316/1 887024/1]260 Elanto at Naples RPUD 8/23/24 1 of 2 Packet Pg. 1958 17.B.b Mixed Use District Zoning Overlay -Receiving Lands, for a 51.83f acre project to be known as Elanto at Naples RPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: WX_ Heidi F. Ashton-Cicko 8-23-24 Managing Assistant County Attorney 2024. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments [23-CPS-02316/ 1887024/11260 Elanto at Naples RPUD 8/23/24 Chris Hall, Chairman 2 of Packet Pg. 1959 17.B.b EXHIBIT A Elanto at Naples Residential Planned Unit Development (RPUD) LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. This is a clustered Horizontal Multifamily project in accordance with LDC Sec. 2.03.08.A.2.a.(2)(b). Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM DENSITY This RPUD shall be limited to a maximum density of 6 dwelling units per acre (du/ac), with a maximum of 309 multi -family residential units. PERMITTED USES A. Residential — Tract "R" Principal Use(s): 1. Horizontal Multifamily rental units, defined as follows: Horizontal Multifamily is defined as single-family housing units built within a single -development tract. Similar to typical multifamily, a Horizontal Multifamily project includes common infrastructure, parking, amenities, stormwater management system, and open space. Unlike traditional multifamily buildings, the units are standalone buildings, without other units above or below. Horizontal Multifamily projects may include: a. One -family dwelling units; b. Duplexes (a freestanding building containing two dwelling units); and c. Townhouses and/or Villas (a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another), not subject to the design standards of LDC Sec. 5.05.07. Horizontal Multifamily developments are not required to be platted and shall be reviewed through the Site Development Process (LDC Section 10.02.03). As is the case with typical multifamily, setbacks are applied from the development tract boundaries. Page 1 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1960 17.B.b Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses and structures including carports, garages, mail kiosks, and utility buildings. 2. Temporary office trailers and model units. 3. Essential Services including interim and permanent utility and maintenance facilities. 4. Walls, berms, fences, signs, gates, gatehouse, and access control structures. 5. Stormwater management treatment and conveyance facilities and structures. 6. Passive open space uses and structures, including but not limited to landscaped areas, gazebos, park benches and walking trails. B. Amenity Center— Tract "AC" Principal Use(s): 1. Clubhouse, primarily for residents and their guests. 2. Indoor and outdoor recreational uses and structures such as pools, fitness center, playgrounds, dog parks, sport courts, pathways/bikeways, gazebos, grilling areas, viewing platforms and fire pits, for residents and their guests. 3. Leasing Center and/or Management Office 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Essential Services including interim and permanent utility and maintenance facilities. 2. Walls, berms, fences, signs. 3. Stormwater management treatment and conveyance facilities and structures. 4. Passive open space uses and structures, including but not limited to pocket parks, dog parks, landscaped areas, gazebos, park benches and walking trails. C. Park — Tract "PK" Principal Use: 1. A Private Park, privately built and maintained by the managing entity for passive open space uses and structures, including but not limited to pocket parks, dog parks landscaped areas, gazebos, park benches and walking trails. Page 2 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1961 17.B.b Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Stormwater management treatment and conveyance facilities and structures. 2. Essential Services including interim and permanent utility and maintenance facilities 3. Walls, berms, fences, signs, mail kiosks. Page 3 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1962 17.B.b EXHIBIT B Elanto at Naples Residential Planned Unit Development (RPUD) DEVELOPMENT STANDARDS Table 1 below sets forth the development standards for the land uses within the Elanto at Naples RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP). This is a clustered multifamily project in accordance with LDC Sec. 2.03.08.A.2.a.(2)(b). TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS HORIZONINE CLUBHOUSE/RECREATION DEVELOPMENT STANDARDS 7MULTIFAMI BUILDINGS PRINCIPAL USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM FLOOR AREA One BR: 600 S.F. N/A Two or more BR: 800 S.F. MINIMUM SETABACKS EXTERNAL MINIMUM FRONT YARD — 60 FEET 60 FEET FROM U.S. 41 MINIMUM SIDE YARD — FROM 20 FEET 20 FEET EASTERN & WESTERN BOUNDARIES MINIMUM REAR YARD — 30 FEET 30 FEET FROM NORTHERN BOUNDARY MINIMUM SETBACKS (INTERNAL) FROM INTERNAL DRIVE 10 FEET 10 FEET AISLE MINIMUM DISTANCE 101 FEET OR AS REQ. 15 FEET OR AS REQ. BY BETWEEN STRUCTURES BY FIRE CODE, FIRE CODE, WHICHEVER IS WHICHEVER IS GREATER GREATER MAXIMUM HEIGHT Zoned 35 FEET 40 FEET Actual 40 FEET 45 FEET Page 4 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1963 17.B.b ACCESSORY USES4 MINIMUM SETBACKS (EXTERNAL) MINIMUM FRONT YARD — FROM U.S. 41 SPS SPS MINIMUM SIDE YARD — FROM EASTERN & WESTERN BOUNDARIES SPS SPS MINIMUM REAR YARD — FROM NORTHERN BOUNDARY SPS SPS MINIMUM SETBACKS (INTERNAL) FROM INTERNAL DRIVE AISLE2 5 FEET 5 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET' 10 FEET MAXIMUM HEIGHT Zoned SPS SPS Actual SPS SPS NOTES: • SPS = Same as Principal Structures; S.F. = square feet; BR = bedroom; SPS = same as principal structure • Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in the list of deviations. FOOTNOTES: 1. The Horizontal Multifamily is defined as single-family housing units built within a single -development tract. Similar to typical multifamily, a Horizontal Multifamily project includes common infrastructure, parking, amenities, stormwater management system, and open space. Unlike traditional multifamily buildings, the units are standalone buildings, without other units above or below. Horizontal Multifamily projects may include detached single-family units, attached single-family units (two units with a common wall) and townhouses (a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit ids located above another. Horizontal Multifamily developments are not required to be platted and shall be reviewed through the Site Development Process (LDC Section 10.02.03). As is the case with typical multifamily, setbacks are applied from the development tract boundaries. 2. Measured from edge of pavement. Units with a driveway providing access and parking shall provide a minimum setback of 23' measured from the back of the sidewalk to the outside wall of the unit, to ensure that vehicles are not parked across the sidewalk. 3. The minimum distance between units can be 0' feet when sharing a wall. However, the principal structures shall maintain a 10' minimum separation. 4. Community structures such as guardhouses, gatehouses, fences, project signs, and mail kiosk are permitted throughout the PUD and shall have no required internal minimum setbacks. However, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, or where they would conflict with utility standards for required separation between utility infrastructure and buildings or structures. 5. The minimum distances between accessory structures may be reduced to 0' for attached garages. Page 5 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1964 17.B.b LANDSCAPE BUFFERS North 10' Type A South 25' Enhanced Type D (see commitment in Exhibit F "Other" East 10' Type A West 10' Type A see Deviation 3 in Exhibit E 0 IL a: W O O Z O O r C O W Ln w w LO O O O N N O N J a c 0 a� IL 0 c a 0 N LO O O N N M N O O O t� C O C L �71 Q d E t m Q Page 6 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1965 I CV I f S � Wdl I I I I w a�'sl I m Q m , m , p m j I = F pa N � 0 0 0 J Z W. 5 � £ge Z U p V=a OC p M as o ------------ ---U Z Q X LL,-1-------------------------------------------------------- I I > J z u.l UWO Q H Z CL W 0� > Z a W H cif m U J a ? 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W Z X F-W +i J w � 0 („) Q WOo W NJ cn 0 O d w W w Q U H U Q W °° Q Z W U O U¢ U> Q > Z O M Q LL U w J Q Q, F- ¢ w Z LU w ¢ w z co g wz g x0 wa xx ¢Om0 OW7W wLL xa w z mQ � j F-U F-rn wQ rwU) F-a d U) • D . a • 0 C i c+i v W W U �~� W Q F VI Z aka N O M M O M N O � CNO � V M �i � J Q 1— � J � Y w J a � Q U H W � � w � O w w d h � U N H Q w M z Q w ¢ � w z � w � U LLwz Y � Y a U ¢ '� z mQ� � O 17.B.b EXHIBIT D Elanto at Naples Residential Planned Unit Development (RPUD) LEGAL DESCRIPTION THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LYING NORTH OF U.S. 41. Page 9 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1968 17.B.b EXHIBIT E Elanto at Naples Residential Planned Unit Development (RPUD) LIST OF REQUESTED LDC DEVIATIONS Deviation 1 (Clustered Development) requests relief from LDC Section 2.03.08.A.2.a(4)(b)ii.b)i) "Setback from Arterial or Collector roadway(s)", which requires a minimum setback of 200 feet to U.S. 41, to instead allow for a minimum setback of 100 feet to U.S. 4L. 2. Deviation 2 (Buffer Requirements) requests relief from LDC Section 4.06.02, Table 2.4 "Table of Buffer Requirements by Land Use Classifications", which requires a fifteen - foot -wide Type B landscape buffer along the western perimeter, to allow for a 10-foot- wide Type A landscape buffer along the western perimeter. Page 10 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1969 17.B.b EXHIBIT F Elanto at Naples Residential Planned Unit Development (RPUD) LIST OF DEVELOPER COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUDcommitments until close-out of the PUD. At the time of this RPUD approval, the Managing Entity is Property Reserve, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. This is a clustered multifamily project in accordance with LDC Sec. 2.03.08.A.2.a.(2)(b) except for standards subject to deviation approval in Exhibit E. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 227 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation Page 11 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1970 17.B.b rates in effect at the time of application for the SDP/SDPA or subdivision plat approval. B. Access to the project will be via a primary point of ingress/egress along US 41. There will also be a secondary access point along US 41, which will be limited to emergency and right -out access. All access is subject to FDOT approval. C. The roadway depicted on the Master Plan shall meet drive aisle design requirements. Parking is permitted within the internal drive aisles, subject to the design standards for on -street parking set forth in the LDC. D. Per LDC Sec. 6.06.02, the Developer shall either construct the required sidewalk along the projects US 41 frontage or make payment in lieu of construction. ENVIRONMENTAL A. The minimum required native preservation is ±0.00 acres. There are no native vegetation communities considered native vegetation for the purpose of preservation on -site that meet the standards in LDC Section 3.05.07. B. At time of development review, a Black Bear Management Plan will be required. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, of the total units constructed the project shall comply with the following: 10% of the units will be rented to households whose incomes are up to and including 50% of the Area Median Income (AMI) for Collier County and the corresponding rent limits (the "Affordable Units"). At the time of SDP, no less than 10% of the dwelling units will be identified as affordable and shown on the SDP with the AMI required ranges and fractional numbers will be rounded up to the nearest whole unit. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. By way of example, the 2024 Florida Housing Finance Corporation Income and Rent Limits are: 2024 Collier County Income & Rent Limits for Affordable Housing Income Limit by Number of People in Unit Rent Limit by Number of Bedrooms in Unit* 2024 Percentage area Median Income Category Name ! 2 4 1 2 3 Collier 30% FxrremelyLow $ 21,930 $ 25,050 $ 31,290 $ 587 $ 704 $ 813 County 50% Very Li $ 36,550 $ 41,750 $ 52,150 $ 978 $ 1,173 $ 1,356 Median 60% U13 $ 43,860 $ 50,100 $ 62,580 $ 1,174 $ 1,408 $ 1,627 Household 80% Low $ 58,480 $ 66,800 $ 83,440 $ 1,566 $ 1,878 $ 2,170 Income 100% Median $ 73,100 $ 83,500 $ 104,300 $ 1,958 $ 2,348 $ 2,713 $104,300 120% Moderate $ 87,720 $ 100,200 $ 125,160 $ 2,349 $ 2,817 $ 3,255 140% Gap $ 102,340 $ 116,900 $ 146,020 $ 2,741 $ 3,287 $ 3,793 Source: HUD 2024 Median Income; Florida Housing Finance Corp. Income and Rent Limits *Gross rent, includes utility allowance Page 12 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1971 17.B.b Income and rent limits may be adjusted annually based on the combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. Preference to Affordable Units shall be given to Essential Service Personnel (ESP) and military veterans. 1. For the purposes of this ordinance, ESP means 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, skilled building trades personnel, active -duty military, or a governmental employee. 2. Each Affordable Unit will be held vacant and advertised for ESP and military veterans in accordance with paragraph 4 below for a minimum of 90 days before the issuance of unit's certificate of occupancy. In the event that no ESP or military veteran rents the available Affordable Unit, then the unit may also be offered to the general public (non -ESP / military veteran) but shall remain an Affordable Unit and be rent and income restricted accordingly. 3. Each subsequent vacancy of an Affordable Unit shall be advertised to ESP and military veterans in accordance with paragraph 4 below and may also be offered to the general public (non -ESP / military veteran) but shall remain an Affordable Unit and be rent and income -restricted accordingly. 4. At a minimum, advertising will consist of providing written notice to the Collier County Community and Human Services Division and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier County, all Emergency Medical Services and fire districts, and the Collier County Sheriff's Office. 5. Promotional materials for the development shall identify that the project prioritizes Affordable Units for ESP and military veteran households. 6. This commitment for ESP and military veteran preference shall remain in effect for a period of 30 years from the date of issuance of the certificate of occupancy of the first Affordable Unit of each phase. C. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units, including rent data for rented units in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. Page 13 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1972 17.B.b D. The owner and/or managing entity shall be subject to onsite inspections of information related to restricted income rental units, at the request of Collier County, with a minimum 7 day advance notice. EMERGENCY SERVICES A. Prior to the issuance of the 1 oth residential certificate of occupancy, the property owner shall provide a one-time developer's contribution of one (1) 35 KW (or higher) towable, diesel, rental -grade generator to Collier County specification to the Collier County Bureau of Emergency Services. PUBLIC UTILITIES A. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. B. At the time of application for Site Development Plan (SDP) approval, offsite improvements and/or upgrades to the water distribution/transmissions system may be required to adequately handle the total estimated peak hour flow to the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County during PPL or SDP review. Such improvements and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. C. At the time of application for Site Development Plan (SDP) approval, potable water stub outs for future development in locations agreed to by the County along the northern and eastern edges of the project shall be provided in easements or ROWS to the limits of the project. Easements will be conveyed to Collier County and the Collier County Water Sewer District at no cost to the County or District in accordance with the Collier County Utility Standards and Procedures Ordinance No. 04-31, as amended. The locations and sizes shall be coordinated with Collier County Utilities. Page 14 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1973 17.B.b WILDFIRE PREVENTION AND MITIGATION A. Project Structural Design and Materials 1. Roofs shall be constructed using Class A asphalt/fiberglass shingles, sheet metal, terra cotta tile, and concrete. 2. Soffits shall be made of non-combustible material or (minimum) 1/2-inch nominal wood sheathing. 3. No window opening shall exceed 40 square feet and double -paned glass, or tempered glass shall be utilized. B. Location/Defensible Space 1. A minimum 30 feet of "Defensible Area" shall be maintained around principal structures. The Defensible Area may include yards, green space, landscape buffers, sidewalks, driveways or roadways, and customary accessory uses and structures such as decks, lanais, and so forth. 2. Within this Defensible Area: i. Vegetation shall be thinned and maintained to eliminate vegetated or "ladder fuels" and tree crowns shall be a minimum of 10 feet apart. ii. Trees will be maintained to keep branches 6 to 10 feet from the ground. iii. Trees will be maintained at a maximum canopy spread of 20' at maturity, in order to prevent roof overhang. iv. The less -flammable trees and shrubs listed below shall be utilized within the defensible area. Other trees and shrubs not listed below may be utilized if approved by Collier County and the Florida Fire Service, Florida Forest Service, Department of Agriculture and Consumer Services. Trees Ash Magnolia Sago/KingSago/King Sage Palm Sweet Acacia Citrus Maple Pecan Silver Button Crape Myrtle Redbud Willow Tabebuia Dogwood Sycamore Pygmy Date Palm Gumbo -Limbo Jacaranda Viburnum Red Mulberry Red Bay Lo uat Alexander Palm Winged Elm Green Button Oaks Sweet Gum Catalpa Mahogany Pindo Palm Persimmon Satan Leaf Hawthorne Black Cherry Queen Palm Pigeon Plum Elm Sparkleberry Sea Grape Page 15 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1974 17.B.b Shrubs Agave Philodendron Century Plant Aloe Pittos orum Coontie Azalea Red Yucca Anise Viburnum Beauty Berry Indian Hawthorne Hydrangea P racantha Oakleaf Hydrangea Oleander Camellia OTHER v. Lava stone, gravel or other non-flammable materials shall be used in planting beds within 5 feet of a structure. 3. The managing entity shall be responsible to ensure these requirements are met. 1. The southern perimeter buffer (along US 41 frontage) width shall be a minimum of 25' wide. Enhancements to the southern perimeter buffer shall consist of trees 14' in height no more than 30' on center and a continuous 3 gallon double row hedge space 3' on center of at least 36" in height at time of planting. 2. Excavation setbacks are subject to the minimum requirements of Sec. 22-112(1) of the Code of Ordinances. Reduction of the required minimum setbacks is subject to an exception review and approval in accordance with Section 22-112(1). 3. The site will be designed to incorporate pocket parks, dog parks, courts, and other recreational elements throughout the project and a central open space/amenity center. Each unit will have a usable backyard area to access open space. The community will have a gridded pedestrian network consisting of pathways and sidewalks to create a development that is walkable at a neighborhood scale. Each residential unit will be within walking distance from either trails, the pedestrian network, a neighborhood park, or amenity. Page 16 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022098\WP\Post CCPC\Elanto at Naples RPUD (PL-20220005665) (8-7-2024) CLEAN.docx Packet Pg. 1975 17.B.c [This space for recordingf AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as this day of 2024 by and between Property Reserve, 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 309 residential units (the "Units") at a density of 6 units per gross acre on the Property. The gross acreage of Property is 51.83 acres. The number of affordable Units constructed by Developer shall be 31, representing 10% percent of the total number of Units approved in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 300 bonus Units on the Property, if the Developer agrees to construct affordable, workforce, and gap Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 5.8 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: [23-CPS-02316/ l 882287/ 1 ] Pagel of 23 Packet Pg. 1976 17.B.c I . Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees to provide the following affordable housing units in accordance with this Agreement and as specified in Exhibits A through G attached hereto and incorporated herein. a. Thirty-one (31) of the 309 units will be provided for those earning 50 percent or less of Collier County's area median income (AMI). b. All affordable units will be rentals. C. The units will include multi -family units with a variety of bedroom types. d. No affordable housing unit in the development shall be rented to a tenant whose income has not been verified and certified in accordance with this section as a very -low-income household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. If, upon annual recertification, a household's income is determined to exceed 50% of AMI, that unit will no longer qualify as an affordable unit and the developer shall hold the next vacant designated market rate unit for a qualified household to meet the required minimum of thirty-one (31) affordable units. e. Any rent charged for an affordable housing unit rented to a very low-income household will not exceed the amount published by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms as updated annually. f. The following provisions shall be applicable to the affordable units: i. Defined terms. For the purposes of this Agreement, "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct [23-CPS-02316/1882287/1] Page 2 of 23 r Packet Pg. 1977 17.B.c within the development. ii. 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 household members as shown on the tables attached hereto as Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. iii. Eligibility and Qualification of Renter. Household income eligibility is a three - step process: 1) submittal of an application by a prospective Renter; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, workforce, or gap income) in accordance with this Section; 3) certification of eligible Renter by the Community and Human Services Division. The Developer shall be responsible for qualifying Renters by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible Renter family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (1) Application. A potential renter shall apply to the developer, owner, manager, or agent to qualify as a very low-income family for the purpose of renting and occupying an affordable -workforce housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for [23-CPS-02316/ 1882287/ I] Page 3 of 23 Packet Pg. 1978 17.B.c affordable housing unit shall be provided to Collier County Community and Human Services Division as shown in Exhibit D, attached to this Agreement and incorporated by reference herein. (2) Income Verification and Certification. No affordable housing unit in the development shall be rented whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (3) Income Verification. The Developer shall obtain written verification from the potential occupant(s) (including all household members) to verify all regular sources of income (including all household members). The most recent year's federal income tax return for the potential occupants (including all household members) may be used for the purpose of income verification, attached to the affordable -workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable -workforce housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Exhibit F, attached to this Agreement and incorporated by reference herein. (4) Income Certification. Upon receipt of the Preliminary Application for an affordable housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the [23-CPS-02316/1882287/1] Page 4 of 23 r) Packet Pg. 1979 17.B.c potential occupant as eligible to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Exhibit F, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. iv. Annual Progress and Monitoring Report. The Developer shall provide the Community and Human Services Division 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 ensure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is granted prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. V. 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 0.2 units per acre, and is therefore granted a density bonus of 5.8 density bonus units per acre, for a total density [23-CPS-02316/1882287/ 1 ] Page 5 of 23 Q n Packet Pg. 1980 17.B.c (total = density bonus units per acre X gross acreage) of 6 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 309 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Community and Human Services Division or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Units. 5. Violations and Enforcement. It shall be a violation of this Agreement and LDC§ 2.06.00 to sell, rent, or occupy, or attempt to sell, rent, or occupy, an affordable housing unit provided under the affordable -workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission or its designee by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved Unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended, Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be [23-CPS-02316/ 1882287/ 1 ] Page 6 of 23 Packet Pg. 1981 17.B.c 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. 8. Severability. 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. 9. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail, Building H, Suite 211 Naples, FL 34112 To the Developer: Property Reserve, Inc. 51 S. Main Street, Ste. 301 Salt Lake City, UT 84111 With copy to: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 10. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or their designee shall have the authority to monitor and enforce the Developer's obligations hereunder. 11. 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. [23-CPS-02316/1882287/1] Page 7 of 23 Packet Pg. 1982 17.B.c 12. 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 15 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. 13. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 14. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 15. Termination. Each affordable or gap housing unit shall be restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC § 2.06.04. 16. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 17. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner/renters or potential owner/renters because of said owners/renters' race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents or maintains the affordable housing unit, it must advertise rent, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting 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 or rental of affordable -workforce 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, and gap housing units shall [23-CPS-02316/1882287/1] Page 8 of23 otl ) Packet Pg. 1983 17.B.c be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Exhibit G, shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Exhibit G, shall be the same in both the market rate units and the affordable -workforce units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and gap units are the same within each phase and provided that in no event may a market rate unit or affordable -workforce unit in any phase contain physical amenities less than those described in the Developer Application. 18. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 10 percent affordable housing units for this project, with at least 10% percent of the units in each phase consisting of affordable units. 19. Disclosure. The developer shall not disclose to persons, other than the potential buyer, renter, or lender of the particular affordable housing unit or units, which units in the development are designated as affordable -workforce housing units. 20. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable -workforce housing units and the amount of affordable -workforce housing density bonus approved for the development. 21. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 22. Preapplication. Developer has executed and submitted to Collier County the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Exhibit G and incorporated by reference herein. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws [23-CPS-02316/1882287/11 Page 9 of 23 Packet Pg. 1984 17.B.c of the State of Florida. 24. 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 15 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. WITNESSES: fitness # 1 nature Witness 41 Printed Name 6 6 Il�, �, , �Qr Ur Witness # 1 Post Address G� 1 i ness 42 Signature Witness 42 Printed Name 0o c.J. s tam Witness #2 Post Address AS TO THE DEVELOPER: PROPERTY RESERVE, INC., A UTAH NONPROFIT CORPORATION �� ,V By:. i '/ �1 Printed Name:_,��JV Title: ITW i STATE OF COUNTY OF The foregoing was acknowledged before me byby means of physical presence, who i4 is personally known to me or 9has produced 4AYI_q_fy-.3lL identification. Witness my hand and official seal this day of 2024. Notary rublic Signature lu ' .. LYNETT6 40 Notsry Pubtle. Sots oT Utsh Commission 0 722246 My Commission Expires On February 13, 2026 [23-CPS-02316/1882287/ 1 ] Page 10 of 23 Nota Public Printed Namel My Commission Expires: b O Packet Pg. 1985 17.B.c ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney �ti\ Prepared by: Derek D. Perry, Esq. Collier County Attomey's Office 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 Attachments: AS TO COMMISSION: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I0 Chris Hall, Chairman Exhibit A — Legal Description Exhibit B — Affordable Housing Units/Base Monthly Rents Exhibit C — Income and Rent Level Exhibit D — Preliminary Application for Affordable Housing Unit Exhibit E — Applicant Income Verification Exhibit F — Applicant Income Certification Exhibit G — Developer Application for Affordable Housing Density Bonus r23-CPS-02316/1882287/]] Page I of23 Q Packet Pg. 1986 17.B.c EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE EAST '/2 OF THE NORTHWEST 'A OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LYING NORTH OF US 41. [23-CPS-02316/1882287/1] Page 12 of 23 O Packet Pg. 1987 17.B.c (1) (2) (3) I o. (5) EXHIBIT B NUMBER OF AFFORDARTY, HOUSING UNITS/MONTHLY BASE RENTE NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family VERY LOW INCOME c N (50% OR LESS MI) N N J a Efficiency c 0 1 Bedroom 5 $978 w IL 2 Bedroom 9 $1,173 c 3 Bedroom 14 $1,356 a 0 N 4 Bedroom 3 $1,512_ 00 rn TOTAL 31 V v N LOW INCOME N (50%-80% MI) o0 Efficiency as a� 1 Bedroom 2 Bedroom a 0 L 3 Bedroom a, 4 Bedroom m TOTAL x d Base residential density allowed in this development f0.2 units/acre. m Gross acreage 51.83 x Maximum number of affordable housing density bonus units allowed in this development a pursuant to LDC Section 2.06.00, 300 units. 0 Gross residential density of this development (including affordable housing density bonus units) w 6 units/acre. Percentage of affordable housing units pledged by the developer (as a percent of the total m w number units in the development) 10%. Q [23-CPS-02316/ l 882287/1 ] Page 13 of 23 Packet Pg. 1988 17.B.c EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME Pursuant to LDC Section 1.08.02., moderate income is 80% to 120% of the median income, low income is 50% to 80% of the median income and very low income is less than 50% of the median income. Collier County 2024 Median Income - $104,300 Number of Members in Household 1 2 3 4 5 6 7 8 50% 36,550 41,750 46,950 52,150 56,350 60,500 64,700 68,850 80% 58,480 66,800 75,120 83,440 90,160 96,800 103,520 110,160 120% 87,720 100,200 112,680 125,160 135,240 145,200 155,280 165,240 140% 102,340 116,900 131,460 146,020 157,780 169,400 181,160 192,780 Rental Rates based on # Bedrooms ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 50% $978 $1,173 $1,356 $1,512 80% $1,566 $1,878 $2,170 $2,420 120% $2,349 $2,817 $3,255 $3,630 140% $2,740 $3,286 $3,797 $4,235 LOCATION Naples and Coastal Collier County Immokalee and East of Everglades Blvd. Golden Gate UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. [23-CPs-02316/ 1882287/11 Page 14 of 23 O Packet Pg. 1989 17.B.c EXHIBIT D a PRELIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSING UNIT a Date Occupancy Desired: Date of Application: Amount of Sec. Deposit: Z 0 Your Name: Race/National Origin: Handicap: Yes No Co -Tenant Name Race/National Origin: Handicap: Yes No w Present Address: Street City Name of Landlord Landlord's Address: State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. [23-CPS-02316/ 1882287/ 1 ] Job Title Every 2 Weeks $ Birth Date Job Title Job Title Every 2 Weeks $ Birth Date Page 15 of 23 Monthly $ Monthly $ LO O O O N N O N J a r m a a� 0 N LO 00 LO N d' N O N T 00 a� (D 0) m m a 0 L a a� U aD x m Q m 0 x a 0 w _ w m a a: _ m E U R r Q Packet Pg. 1990 17.B.c How long with Previous Employer. 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: [23-C PS-02316/ 1882287/ 1 ] Address: Page 16 of 23 How Long Known: How Long Known: Packet Pg. 1991 17.B.c EXHIBIT E AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Tenant's Name: Present Address: Street City Social Security Number Social Security Number State Zip Telephone No. 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. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses S $ $ $ Tips 5 $ $ $ 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 $ $ $ $ Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ [23-CPS-02316/1882287/1] Page 17 of23 Packet Pg. 1992 17.B.c THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. [23-CPS-02316/1882287/1] Page 18 of23 Packet Pg. 1993 17.B.c EXHIBIT F AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this certification form. City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me by of physical presence or online notarization, who is personally known to me produced as identification. Witness my hand and official seal this day of (notary seal) Notary Public Print Name My Commission Expires: 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 [23-CPS-02316/1882287/1 ] Page 19 of 23 Supervisor Annually 20 by means or has 0 a o! N _N Q R z R 0 .r c 0 w 0 ca co 0 0 0 0 N N (D N J a r r a) IL c 0 N 0 00 0 rn v N 0 N ao m it m W aD o! m a 0 L- a a v m r 0 m x Q m 0 x Q 0 c 0 w m r r Q r c m E ca r Q Packet Pg. 1994 17.B.c STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me by , by means of physical presence or online notarization, who is personally known to me or has produced as identification. Witness my hand and official seal this day of _ , 20� (notary seal) Notary Public Print Name My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE -WORKFORCE UNIT. [23-CPS-02316/1882287/1] Page 20 of 23 Packet Pg. 1995 17.B.c EXHIBIT G DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to Collier County. All items requested must be provided. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; RPUD (51.83 Ac.) 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 2/14/2023 and if the request has been approved, state the Ordinance number N/A. 3. Gross density of the proposed development. 309 Gross acreage of the proposed development. 51.83 ac. 4. Are affordable -workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X_ Yes No. If yes, please state name and location of the PUD and any other identifying information. Elanto at Naples RPUD 5. Name of applicant Property Reserve, Inc. Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit [23-CPS-02316/1882287/1] Page 21 of 23 Cam, Packet Pg. 1996 17.B.c Rental Occupied Efficiency One Bedroom 47 Two Bedroom 92 Three Bedroom 138 Other Bedroom (Four) 32 TOTAL 309 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Rental Occupied LOW INCOME 50-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME VERY LOW INCOME 50% OR LESS MI [23 -CPS-023 16/1882287/ 1 ] Owner Rental Occupied Page 22 of 23 n Packet Pg. 1997 17.B.c Efficiency 1 Bedroom 5 $978 2 Bedroom 9 $1,173 3 Bedroom 14 $1,356 Other (4 bedroom) 3 $1,512 TOTAL 31 7. Please provide a physical description of the affordable units by type of unit (very low income, 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. There will be no difference between market rate units and affordable units. We anticipate Class A rental finishes including wood plank style flooring throughout, quartz countertops, stainless steel cooking appliances, washer/dryer, ceiling fans, smart home equipment (keyless entry, Nest thermostats, Ring doorbell, smart lights, etc.) and open concept kitchens and living spaces. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. [23-CPS-02316/1882287/1] Page 23 of 23 Packet Pg. 1998 17.B.e HOLEMONTES a Bowman company July 5, 2023 Laura DeJohn, AICP, Principal Planner Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Elanto at Naples RPUD (PL-20220005665) Neighborhood Information Meeting HM File No. 2022.098 Dear Ms. DeJohn: Enclosed please find the following documents in accordance with Collier County's Neighborhood Information Meeting requirements: • One (1) copy of Meeting Summary of the NIM; • One (1) original executed Affidavit of Compliance (signed by Robert Mulhere); • One (1) original Affidavit of Publication; • One (1) copy of the Neighborhood Information Meeting Notice advertisement which ran in the Naples Daily News on June 5, 2023; • One (1) copy of Neighborhood Information Meeting Notification Letter sent to Property Owners on June 5, 2023; • One (1) copy of sign -in sheet from the NIM; • One (1) copy of Property Owners List; and • One (1) recording of the NIM. If you have any questions, please don't hesitate to contact me. Very truly yours, HOLE MONTES, A BOWMAN COMPANY Robert J. Mulhere, FAICP Senior Vice President RJM/sek Enclosures as noted. 950 Encore Way, Naples, FL 34110 P: 239.254.2000 holemontes.com ( bowman.com HA2022\2022098\WP\NIM\LD7 230705 itr trNIM documents.docx Packet Pg. 1999 17.B.e NIM SUMMARY Elanto at Naples RPUD (PL-20220005665) Wednesday, June 21 at 5:30 p.m. Rookery Bay National Estuarine Research Reserve, The Auditorium 300 Tower Road, Naples, FL 34113 The NIM was held for the above referenced petition. The petition is described as follows: Elanto at Naples RPUD (PL-20220005665). The subject site is 51.53± acres and located along US 41 approximately 0.3 mile south of the intersection of US 41 and Greenway Road in Section 18, Township 51 South, Range 27 East. The property is zoned Agricultural - Rural Fringe Mixed Use Overlay — Receiving with Airport Overlay (A-RFMUO — Receiving with Airport Overlay). The Applicant is requesting to rezone from the A-RFMUO — Receiving with Airport Overlay zoning designation to a Residential Planned Unit Development (RPUD). Note: This is a summary of the NIM. An audio and video recording are also provided. Attendees On behalf of Applicants: Benson Whitney, Property Reserve, Inc. via Zoom (Applicant) Robert J. Mulhere, FAICP, President/CEO, Hole Montes, a Bowman Company Jeremie Chastain, AICP. Planner III, Hole Montes, a Bowman Company Norman Trebilcock, AICP, PTOE, PE, Trebilcock Consulting Solutions, PA David Dratnol, PE, Trebilcock Consulting Solutions, PA County Staff: Laura DeJohn, AICP, Zoning Services Six members of the public attended. One member of the public attended via Zoom. Mr. Mulhere started the presentation by introducing himself, the property owner, the other consultants, and county staff. He explained the NIM process, the process for approval, and provided a brief history of the project. Mr. Whitney provided an overview of Property Reserve and examples of similar Property Reserve developments. Mr. Chastain provided a brief overview of the project. The following comments/questions were raised by the members of the public in attendance: Misc. Questions were asked about the timing of the project. Mr. Mulhere explained that it is still early in the process. There will likely be three review cycles, then public hearings will be scheduled, presumably in November and/or December. Page 1 of 2 HA2022\2022098MANIMMM Summary (7-5-2023).docx Packet Pg. 2000 17.B.e Questions were asked regarding the funding for the affordable housing units. Mr. Mulhere explained that the market rate units will subsidize the reduced rents of affordable housing. Questions were asked regarding the management of the project once completed. Mr. Mulhere explained that this is a build to rent project and there will be on -site management that will maintain water management areas and all common areas. Questions were asked regarding the design of the buildings and if they would be energy efficient/sustainable and if LEED certification is being considered. Mr. Whitney explained that it was too early in the process to know design specifics, but that Property Reserve will research sustainability options for the development. Mr. Mulhere went on to provide an overview of the Rural Fringe Mixed Use District and explained that in order to entitle the requested density the applicant will need to attain TDRs. These TDRs are attained by purchasing development rights from Sending Lands, which are areas the County has determined to be the most valuable environmental lands. The meeting concluded at approximately 6:00 PM. Page 2 of 2 HA2022\2022098\WP\NIM\NIM Summary (7-5-2023).docx Packet Pg. 2001 17.B.e AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of Compliance was acknowledged before me this 23rd day of June 2023 by means of %> physical presence or online notarization, by Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes, a Bowman Company,, who is personally known to me �� or who has produced as identification. AASAlBbl) 0/ Signatu e of Notary Public Printed Name of Notary (Notary Seal) a Nome STEPHANIE KA&O]1d ;`:%• �;;. Notary Public � State of � A Commission # GG 96 �'�orF`°4'` My Comm. Expires Mar Bonded through National Not HA2022\2022098\ M M\Affidavit of Compliance (6-23-2023).doc Packet Pg. 2002 17.B.e PART OPTHt USA TO0AV NeTWORK Published Daily Naples, FL 34110 HOLE MONTES ASSOCIATES INC 950 ENCORE WAY #200 NAPLES, FL 34110 ,Affidavit of Publicatimi STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s) dated: 6/5/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on .JUNE 5th, 2023: otary, Stat ou�,Br own My corn 's ' n expires: /��", <._. 4J Publication Cost: $1,008.00 Ad No: GC11069420 Customer No: 530712 PO M Elanto at Naples RPUD (PL-20220005665) — DISPLAY AD 3x10 # of Affidavits: 1 This is not an invoice NANCY HEYRMAN Notary Public Mate of Wisconsin Packet Pg. 2003 17.B.e The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes, a Bowman Company and Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. on behalf of the property owner at the following time and location: Wednesday, June 21, 2023 at 5:30 p.m. Rookery Bay National Estuarine Research Reserve, The Auditorium 300 Tower Road, Naples, FL 34113 The following formal application has been made to Collier County: Elanto at Naples RPUD (PL-20220005665). The subject site is 51.53t acres and located along US 41 approximately 0.3 mile south of the intersection of US 41 and Greenway Road in Section 18, Township 51 South, Range 27 East. The property is zoned Agricultural - Rural Fringe Mixed Use Overlay — Receiving with Airport Overlay (A-RFMUO — Receiving with Airport Overlay). The Applicant is requesting to rezone from the A-RFMUO — Receiving with Airport Overlay zoning designation to a Residential Planned Unit Development (RPUD). The applicant proposes to rezone the propertyto a Residential Planned Unit Development (RPUD) to allow for a total of 310 multifamily dwelling units (6.02t dwelling units per acre) with 22 rental units restricted for renters whose income is at or below 50% of the County's annual median income and 9 rental units restricted for renters whose income is at or below 80% of the County's annual median income. Access is proposed via one primary entrance; from Tamiami Trail East, with a secondary emergency and right - out egress to Tamiami Trail East. Flitch -Rd O� t aQ�@� �aC F yw. �A Bards Dr LoaMon p raps. T-11Ies 3 Elanto at Naples RPUD WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owners and Collier County staff. Zoom is being provided as an option to those unable to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at NeighborhoodMeeting@hmeng. com and we will send zoom invite or a link of the video. You may also email any comments or questions to Neighborhood Meeting@hmeng.corn. Please reference Elanto at Naples in subject line. Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes, a Bowman Company 950 Encore Way, Naples, FL 34110; Phone: 239-254-2000 No-ccuaeeeso-o Packet Pg. 2004 CIA I MONDAY, JUNE 5, 2023 1 NAPLES DAILY NEWS 17.B.e Continued train previous page higher levels with some languishing overpriced annual rentals In f)e $3,000s, tot example, marked down to as low as the mid-S2,000S. Ono Naples Park round had eight price reductions, freefelling from $5.000 a month on Feb. B, followed by two more cuts that mouth and fail, In March to $3,500 and nosy was atakdng fetionts for $3,200. But they're nil II not low mough for a significant porlionofthe population: What about rental home market data lit Southwest Florida? Among the natlois 100 largest matron, Lou County finds itself in a to- miliarspot in the most re- cent Waller, Weeks and Johnson Rental Index co- ordinated by Florida Gulf coast University, Plor(do Atlantic University and the University of Ala- bama: Its 13.1 average rental year over year for Aprilledthenation. How- cver, its shift from starch to April ranks all the day dawn at No. 87, with a o.13 Lae's avemge its at S2,300, which based an historical trends tacked by the index is S300 high- er than it should be. To cover that, which doesn't include utilities, and not be cost -burdened, us do - Claud by the U.S. Depart- ment of Housing and Ur- ban Development, a household must bring ill mate than S93,000 annu- ally, according to its data. Cost -burdened typl- caily means paying more than 30% of Income for housing. Those severely burdened households Day 50% of Income. That household would need to earn more than $56,000 to not fall in that catagory. In a separate studym- Ieused Wednesday by FAU and Florida Interna- tional University that looked at the 100 biggest mottos, Luc County ranks fifth among the most overvalued U.S. home sales markets, behind At- lanta, Detroit, Tampa and the Samsot.•Bradenton Well out of line with historical trends, buyers In Lee paid an average of $375,343 Instead of the $261,913 that would have been expected, resulting in a premium of 43.4%. A pro Win is ❑tit rercmu- age Above the ores s long- term pricing trend that one must pay. But re- searchers are seeing some smblihatlon after the crazy pA nd emir. hous- ing rldo. "I'nt expecting rele- dvely stable price patftir- mance, but at file ex- pense of housing afibrda- 1777 bllity for consumers:' said Professor Sit Bem.h. of PIU's Hallo School of Real Later.. "Loco] amn,- ai Incomes (ore) not able to keep up'" BBR CEO Mnigharn Howls gold those wanting to buy with fima,dng who may need sotto financial help for It purchase in Lou should look art. assis- tanco programs offered by county government. Application Information can be found at lea. gave nt/dla/assistance/ financial, Residents cited afford- able and workplace hous- hig as the top priority for the community in the of - torment of Hurricane Ian, according to lit. Lee County Recovery Task rate.. which met again tills past weak. What about Affordable and workforce housing for Fort Myers Reach? "That Is across the board, file issue that is most concerning for the community," said Tanya Shannon, who has been helping facilitate town )nails slid surveys far the group that Is deciding what to do with mote than St billion In hurri- cane rellaf granted by President Dfden's ad- ministtalion. "Housing was like top Issue across the baud." Mary of them live on Port Myers Beach, which was responsible for close to 40% of the responses meeived by the panel that is targeting a December 2023 completion of a Re- sillant Lee plan. -We've completed the round of 17 town hall meetings, and there's an ongoing active panel for an online survey:' said the Collobarnlory's Terry Marany, who is also Col. Slating In the efforts. "Very grutifyhtg, over 4,000 people have re- sponded and completed the inilw y. (AS) the rur- voy noted, this Is the area or highest need:' Bill Vouch, the Beach Town Council mism- sentative on the task force, has proposed vul- ous concepts Including the Potential purchase of land from churehes that may be sitting of large parcels for vorklo o. .using use, adding the used g..s beyond those wile arc disphoced, That's something he would call. Sider as an alternative to condo plans the First Baptist Church of Fort Myers Beach is considering. "Right now, with the mead for construction trades, live) hove It need but one of the big teslric- tims is finding )lousing for those workers to come lu:' Veach said. "So may- be a short -terns idea would be to come up (with) Iemporary housing flat) workers to help us rebuild" How does the now deal for The Cottage Bar play Into the Island's future? Those kinds of efibns arc key as the island con- Unues to make Its come- back from laws (].true- Ilol, with the return of Publix about a week ago, and plans condng togeth- er for the revival of the historic century -old The Cottage Bar\e told you about early this year that was also recently known as Shockers. "The Shockers parcel, 1250 Count, Blvd- Is closed, and the out. price oil that was $9 million, - Realtor and Southwest Florida native Karl Poor - bar said Thursday after- noon after handling the transaction for the sell- ers, Colorado Bast LLC. -Technically, the closing was yesterday, slid Ch. disbursement to every- one would be probably today. It takes time for that kind or money. The buyers' name is Bight Choice Investments LLC, and they're out of Michigan:' The LLC. Is tied to the Shams family, which has beenbehind an autodeal- crsldp, entertainment venues and real astnn in the Detroit area. Tony Sham. and Beach devel- oper and Michigan trans- plant Joe Orlandhd, ,be handled the sale and lost months demolition oftbe romnmh,g pNngs and what 8ttle lan left behind, said Thursday night they II be leading the operation. These kinds of Invest- ments are Important to gettingthe Beach "back to her glory" after the stun- ning events of Sept. 28, Toolbar sold. 1 think file shock kind of— it's still there — but I think you can see a little more around the corner," Facrber said, 'People ono Investing to come back. Just, forexample, justthe Shuckers property — that's a lot of money for a lialf-acm lot, and they're committed, just by that malet. And that's hap- pening up and down file beach. 'It's such exceptional beach, with such history, decades of people coming to it. They're going to keep coming. it's famlger to them. It's generational, and I'm talking about the tourists now, I'm happy the people are Investing to make that happen. This Is way too notch ,),easy to go out orpocket on, and not get things moving. When they're putting out that kind of money — not ),air Shuck- ers-The cottage — they're cxpccling to get on it and gel it started, and that's a good thing for Fort Myers Beach:, To keep the important story from fading out no- 11-idly, getting the word out to the world is also Important, hesald. "19n glad you're cover- ing it: Faurban said. "1'm glad you're keeping it In the news because It's im- patient for people that read that paper notion. wide, both the News - Press and the Naples Dai- ly News to see, this Is not stagnant. This Is mov- Ing" Hosed of file Nopfes Dotty Nrws, Columnist Plitt Fernandez (pfenwn- de.rft ...Ikea...), who grew tip fit Sadlaee Models, wrftex fit file Know ns parf of the USA TODAY NETWORK, Sap - )sari Democracy mud sub- scribetoo wiosesper. The public Is Invited to attend a neighborhood Information meeting held by Robert J. Mulliers, FAICP, Senlor Vice President of Hole Monies, a Bowman Company and Richard 0. Yela novlch, Esquire of Coleman, Yovanovich and Koester. P.A. on behalf of the property owner at the following time and location; Wednesday, June 21, 2023 at 6:30 p.m. Rookery Bay National Estuarine Research Reserve, The Auditorium 300 Tower Road, Naples, FL 34113 The following formal application has been made to Collier County, Elanto At Naples RPUD (PL-20220005665). The subject site k 51.53. acres and located along US 41 approximately 0.3 mile south of the Intersection of US 41 and Greenway Road to Section 18, Township 51 South, Range 27 East. The property Is zoned Agricultural - Rural Fangs Mixed Use Overlay -Receiving with Airport Overlay (A-RFMUO - Receiving vAth Airport Overlay). The Applicant is requesting to nume. from the A-RFMUO - Receiving with Airport Overlay zoning designation to a Residential Planned Unit Development (RPUD), Thai applicant proposal to iezona iho propertyto aResidential PlannedUNt Development (RPUD) to allow for a total of 310 multifamily dwelling units (6.02s dwelling units par nefe) with 22 rental units redacted for realm whose income is at or below 50% of The County's annual median Income and 0 rental units restricted for renters whose Income Is at or below 80% of the County's annual median Income. Access Is proposed via one primary entrance from Tumoral Trail East, with a secondary emergency and light - out egress to Tamlaml Trail East. Voler— 7— 3{F B r " rut a anti 4+ as,cu a C Location Map Etsnto al ".a, a RPUD WE VALUE YOUR INPUT Business and properly owners, residents and visitors are welcome to attend the presentation and discuss the project with The owners and Collier County staff, Zoom Is being provided as an option to Those unable to attend the meeting In person. However, it technical diffici ilie , arise mth Zoom, the technical dilOcullie , wit not be grounds to Invalidate the meeting, 11 you would like to participate via Zoom or New a video of the meeting, please email us at NeighbodloodMeating®hmeng. cam and we W11 send zoom Invila or A link of the video. You may also email any comments or questions to NeighbmhoodMeatingEhmeng.com. Please reference Elanto at Naples In subject line. Robert J. Mothers, FAICP, Senior Van President of Hole Mantas, a Bowman Company 950 Encore Way, Naples, FL34110; Phon¢ 239-254-2000 We also offer: A/C Cleaning Air Handier Cleaning Sanitizing Before/After Photos State -of -the -Art UV Purification Systems Licensed & insured for your protection! iiCAC1816190 239-331-5598 1888-276-4122 1 www.freshairsolutionsinc.com Packet Pg. 2005 "M HOLEMONTES a Bowman company June 5, 2023 Re: Elanto at Naples RPUD (PL-20220005665) HM File No.: 2022.098 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes, a Bowman Company, and Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. on behalf of the applicant, have filed a Residential Planned Unit Development (RPUD) application with Collier County Growth Management. Elanto at Naples RPUD (PL-20220005665). The subject site is 51.53± acres and located along US 41 approximately 0.3 mile south of the intersection of US 41 and Greenway Road in Section 18, Township 51 South, Range 27 East. The property is zoned Agricultural - Rural Fringe Mixed Use Overlay — Receiving with Airport Overlay (A-RFMUO — Receiving with Airport Overlay). The Applicant is requesting to rezone from the A-RFMUO — Receiving with Airport Overlay zoning designation to a Residential Planned Unit Development (RPUD). The applicant proposes to rezone the property to a Residential Planned Unit Development (RPUD) to allow for a total of 310 multifamily dwelling units (6.02± dwelling units per acre) with 22 rental units restricted for renters whose income is at or below 50% of the County's annual median income and 9 rental units restricted for renters whose income is at or below 80% of the County's annual median income. Access is proposed via one primary entrance from Tamiami Trail East, with a secondary emergency and right -out egress to Tamiami Trail East. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this petition and ask questions. The Neighborhood Information Meeting will be held on Wednesday, June 21, 2023 at 5:30 p.m. at the Rookery Bay National Estuarine Research Reserve, The Auditorium, 300 Tower Road, Naples FL, 34113. Zoom is being provided as an option to those unable to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at NeighborhoodMeetina@hmeniz.com and we will send zoom invite or a link of the video. You may also email any comments or questions to NeighborhoodMeetingghmeng com. Please reference Elanto at Naples in subject line. HOLE MONTES, a BOWMAN COMPANY Robert J. Mulhere, FAICP Senior Vice President HA2022\2022098\WP\NDWroperty Owner Letter (6-5-2023).docx 950 Encore Way, Naples, FL 34110 P: 239.254.2000 holemontes.com I bowman.com Packet Pg. 2006 ;e o;ue13 9999000ZZOZ-ld - uo1;I}8d 6uluoZ : 99966 s;uawnaoa WIN andN o}ue13 - 0 IjV :;uauayoejjv m c 4,, O lu U QJ � � C L Qj 3 N U O '0 4-1 aJ M 4, 0 QJ 3 Q 0 yj Li. Y O U in O QJ Ln, a`, U E O 4- a E O 0 c O E c 0 0 ar L cu += CL = a L o O L `° o o LL ,� } Ln a� E v v c QJ 3 5 L c.rU c +' M o a� 3 � Y O Q pQ U C O O 'Y 7 'O QJ Q. =O '0 U L1 T O Ln L 3 ai U 7 U QJ ++ u N o a�i s o O` E a . to s- O ai 41 y c to ',o o v m �« LJ .., QJ U Q• 3 � 3 O 3 O O U f6 U L U QJ O O Y O U O C o 0 �' 3 +' o o U QJ 2v > N :5 U 441 fl 7 c QJ O O t0 i QJ Ln i L U E �6 0 ID Y m E O � � U N i �l Q W " Q.. 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O O U U C � O w °' 3 L Y -0 U, O Q -0L U 3 (U a) " U O U v A .0 3' 3 c a) a o m m r O N m a) U L L -06 L aj C a, E 3 0 r- V c0 •O N Lam. a O �q CL N V \� 1 �t g N d � n ,TC 3 J w` W tC Z ocl 00 0 0 N Ch d d Y a BRIGHTVIEW LANDSCAPE SERVICES INC 24151 VENTURA BLVD CALABASAS, CA 91302 --- 0 GARCIA, RUBEN & VIOLA 2545 MESQUITE DR NAPLES, FL 34114--- 3120 GINORIS, LEONOR 4021 W 2ND AVE HIALEAH, FL 33012---0 TGL ENTERPRISES INC C/O FARM OP 315 NEW MARKET RD E IMMOKALEE, FL 34142---3509 SEOHANES, JAIME & AMANDA 2480 MARETE DR NAPLES, FL 34114--- 3121 HUEGEL JR, EDWARD JOHN EDWARD JOHN HUEGEL III 2420 MARETEE DR NAPLES, FI- 34114--- 3121 TGL ENTERPRISES INC C/O FARM OP 315 NEW MARKET RD E IMMOKALEE, FL 34142--- 3509 GEORGINA M LOPEZ LIV TRUST 5871 SW 52ND TERR MIAMI, FL 33155 --- 0 09 L8/09 L5® AJaAV oaAle alclgedwoo Lulu L9 x ww gZ fewlot ap attanbi13 09j18/09Lgo Aj@AV qm alglledwoo „8/g Z x „L azls lag -el i INTERNATIONAL CAPITAL INVESTMENT COMPANY III LLC ! 20 N MARTINGALE RD STE 180 SCHAUMBURG, IL 60173 --- 0 TAYLOR MORRISON OF FLORIDA INC 551 N.CATTLEMEN RD STE 200 SARASOTA, FL 34232---0 CURRENTS CDD 2301 NORTHEAST 37TH ST FORT LAUDERDALE, FL 33308 --- 0 PHELPS, WILLIAM B 2501 ACH ILL DR NAPLES, FL 34114--- 3118 i it II I. 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; SARASOTA, FL 34232 --- 0 'I I II I I ;I i TAYLOR MORRISON OF FLA INC I i 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 I it it I I I I label size 1" x 2 5/8" compatible with Avery 05160/81;60 Etigpette de format 25 mm x 67 mm compatible avec Avery 05160/8160 LE THE SORELLE NAPLES CORP 471 MUNROE AVE SLEEPY HOLLOW, NY 10591 --- 0 MADISON, MORTON JAMES SUZANNE MARIE MADISON 15507 RIO PONACE CT NAPLES, FL 34114 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 Packet Pg. 2011 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 FC OYSTER, HARBOR LLC 8156 FIDDLERS CREEK PKWY NAPLES, FL 34114 --- 0 a CESI 09 L8/09 L5q Ilaany oane alglledwoo ww L9 x ww 9Z lewaol ap allarjbIq 09L8/09L9© AaaAV ql!m algliedwoa ,,8/9 Z x ,,L azls label I TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 iI I I TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 17.B.e TAYLOR MORRISON OF FLA RT- 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 II REAL SUB LLC PO BOX 32018 I i LAKELAND, FL 33802 --- 0 i I I'; I �i Ili I I label size 1" x 2 5/8" compatible with Avery 05160/81160 Etiquette de format 25 min x 67 mm compatible avec Avery 06160/8160 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 . SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232---0 TAYLOR MORRISON OF FLA INC 551 N CATTLEMEN RD STE 200 SARASOTA, FL 34232 --- 0 FCC PRESERVE LLC 8156 FIDDLERS CREEK PKWY NAPLES, FL 34114 --- 0 FC OYSTER HARBOR LLC 8156 FIDDLERS CREEK PKWY NAPLES, FL 34114 --- 0 Packet Pg. 2 2 0918/0915o AJaAd pane algltedwoo ww zq x ww 9Z tewJot op attan q 09�18/0919®AJ9Ad gilts algltedwoo „g/q 7 x „G azls logel • FC OYSTER HARBOR LLC FC OYSTER HARBOR LLC East Naples Civic and Commerce, Inc. 8156 FIDDLERS CREEK PKWY 8156 FIDDLERS CREEK PKWY 8595 Collier Blvd I, NAPLES, FL 34114---0 NAPLES, FL 34114 --- 0 Suite 107-49 Naples FL 34114-3556 I i I I West Winds Condominium Estates Associatior' Imperial Wilderness Condominium Association Imperial Wilderness Condominium Associ 301 Joseph Lane 14100 Tamiami Trail East 9150 Galleria Court, Suite 201 Naples, FL 34114 Naples, FL 34114 Naples, FL 34109 I I li ,I l� I Ali ��I I III II I I I I I I I, If II 11 I' ! II I II Ij 1� � I �li j1 I II I !il I I I 1 I II I ,I II I II I 11 it I }I ll I I I I II I �I it II II /I i I I I. l I II I I I Ij I I I �I� I I f it �II I I I 1 II i I , I I I 1 i I II I I 1 I II I II I Ali II I, Ili I � i III. jl� .I li I! i it II' I j I I' I I� 7 ` I label size 1" x 2 5/3" compatible with Avery 05160/61;60 u l i latiq'uette de format 25 mm x 67 mm compatible avec Avery 85160/8160 Packet Pg. 2013 17.B.f SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petition of the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said signs} must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirements of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may no be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the signs) is destroyed, lost, or rendered unreadable, the petition or the petitioner's agent must replace the sign(s). NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROB_ERT J. MULHERE, FAICP, SENIOR VICE PRESIDENT WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPERTY NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL-20220006665. Bowman SIGNATURE OF APPLICANT OR AGENT 950 Encore Way Robert J. Mulhere, FAICP, Sr. Vice President NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX Naples, FL 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 1 st day of July 2024, by means of physical prese cncee�or online notarization, by Robert J. Mulhere FAICP Sr, Vice President, who .-t�per�orrizWy-k-nown to rn or who has produced as identification and who did/did not take an oath. IKE K. o'ANGot ASi nature of Nota Public - State of Flooidag ry +9 HH 219413ires Jan 23, M 2 6 o �l Rotary Printed Name of Notary Public (Stamp with serial number) Packet Pg. 2014 0 e 17.B.g NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 10, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT ZONING OVERLAY -RECEIVING LANDS AND AIRPORT OVERLAY TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT ZONING OVERLAY -RECEIVING LANDS AND AIRPORT OVERLAY, FOR A PROJECT TO BE KNOWN AS ELANTO AT NAPLES RPUD TO ALLOW CONSTRUCTION OF UP TO 309 HORIZONTAL MULTI -FAMILY RENTAL UNITS WITH AN AFFORDABLE HOUSING AGREEMENT, ON PROPERTY LOCATED ON THE NORTH SIDE OF US 41, APPROXIMATELY .3� MILES SOUTHEAST OF THE INTERSECTION OF US 41 AND GREENWAY ROAD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, CONSISTING OF 51.83f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220005665] (see map below) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. r Elanto at Naples RPUD (PUDZ) PL20220005665 (BCC 09-10-2024) BCC Publication Date: 08/23/2024 Expiration Date: 09/12/2024 Notices, Call ierClerk.corn 17.B.g Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Sara Morales, Deputy Clerk (SEAL) Packet Pg. 2018 17.B.g NOTICE QF PUBLIC f� G NOTICE OF INTENT TO CONSIDEAORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 10, 2024, in the Board of County Commissioners Meeting Room, Third Foor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN:aRDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT ZONING OVERLAY -RECEIVING LANDS AND AIRPORT OVERLAY TO ARESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE RURAL"PAINGE MIXED USE DISTRICT ZONING OVERLAY RECEIVING LANDS AND AIRPORT OVERLAY, FOR A PROJECT TO BE KNOWN AS ELANTO AT NAPLES RPUD TO ALLOW CONSTRUCTION OF UP TO 309 HORIZONTAL MULTI -FAMILY RENTAL UNITS WITH AN AFFORDABLE HOUSING AGREEMENT, ON PROPERTY LOCATED ON THE NORTH SIDE OF US 41, APPROXIMATELY .3t MILES SOUTHEAST OF THE INTERSECTION OF US 41 AND GREENWAY ROAD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, CONSISTING OF'5183t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL2022000566q ec ; ...... 0 DR catio]n"" \\ 1 �. d \\ i h. � A copy of the proposed Ordinance is on file with the Clerk to the Beard and is available for inspection. All interested parties are invited to attend and be heard. All .persons wishing to speak On any agenda Item must register with the County Mane er prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three FI3) minutes on any item. The selection of any individual to speak onbehatf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an Rem. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent pall of the record. As,part of an ongoing initiative to encourage public involvement, the public will have the opportunity to providepubllCcomments remotely, as well as in person, during this proceeding. Individuals who would likind o participate remotely should register through the link provided within the specific eventimeeting enon the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ ar-of-events after the agenda Is posted on the County website: Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation Is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call, Gap" Willig at 252-8369 or email to Geoffrey.WilligDcglliercountyfl.gov. Any, person who decides to appeal any decision of the Board will need a record of the proceedings perta nlirig thereto and therefore, may need to ensure that:a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is based. If M �Ing this prthe Couitiiy facilRies Management Division, located at 3335 Tamlaml Trail East,Suite 101, Naples, FL 34356, (239) 252-8380, at least two (2) days pri0rto the meeting. Assisted listening devices for the hesA , impaked are available to the Board of County Commissioners Office. BOARD,OF COUNTY COMMISSIONERS COl.l1ER OUNTY, FLORIDA CHRIS HAUL, CHAIRMAN CRYSTAL K. IEL,"CLEFIK By, Sara Morales, Deputy Clerk a Tr 17 v D C 0 C N W N O N Z a V r m of a a Z nr N Packet Pg. 2020