Agenda 04/22/2025 Item # 9E (Ordinance 04-29 - the Immokalee Senior Housing Mixed-Use Planned unit Development and Zoning Classification)4/22/2025
Item # 9.E
ID# 2025-857
Executive Summary
This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members.
Recommendation to approve an Ordinance amending Ordinance Number 04-29, the Immokalee Senior Housing
Residential Planned Unit Development (RPUD), and Ordinance Number 2004-41, the Collier County Land Development
Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional
0.55+/- acres of land zoned Residential Multi-Family-6 (RMF-6), with a wellfield Risk Management Special Treatment
Overlay Zone W-4 (ST/W-4) for a project to be known as Immokalee Senior Housing Mixed-Use Planned Unit
Development (MPUD), by reducing the number of multifamily residential dwelling units from 119 to 30 units, and
allowing a 5,000 gross square foot 200-seat church, and up to 50,000 square feet of certain community facility and
educational services uses; updating the Master Plan; and rescinding the affordable housing density bonus agreement on
7.99± acres of property located on the east side of 11th Street North, just south of Lake Trafford Road and Highland
Elementary School in Section 33, Township 46 South, Range 29 East, Collier County Florida; and by providing an
effective date. [PL20240005475]
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 the petition, and ensure the project is in harmony with all the applicable codes
and regulations to ensure that the community's interests are maintained.
CONSIDERATIONS: The Immokalee Senior Housing PUD is currently 7.44± acres and was originally rezoned by
Ordinance Number 04-29 (see Attachment B). The PUD originally allowed for 119 affordable housing units that were
subject to an affordable housing density bonus agreement. Currently, 30 multifamily units have been built on the site's
southern portion. A church also exists just north of the multifamily residences on a portion of the site.
The purpose of this PUD rezone is to develop the remaining portions of the site with a new educational facility for the
Immokalee Foundation and the future development of a church.
The subject site is located within close proximity to Highlands Elementary School, Immokalee Middle School, and
Immokalee High School. According to the petitioner, the purpose of the subject PUD rezone is for the Immokalee
Foundation to provide an educational building for after-school programs. The existing on-site church would like to build
a new church.
This PUD Amendment proposes to:
• add 0.55+/- acres from the Residential Multifamily zoning district to the Immokalee Senior Housing
MPUD;
• rescind the affordable housing density bonus agreement;
• reduce the number of residential units from 119 to 30 units;
• add a 5,000-square-foot, 200-seat church;
• add charitable trust uses;
• add social services uses;
• add job training;
• add schools and education services limited to continuing education programs, language and reading
schools, tutoring, and vocational counseling;
• add accessory childcare during religious services
• add accessory church offices;
• revise the legal description and
• revise the Master Plan.
The Master Plan has also been updated to reflect the proposed changes on page 3 of the Staff Report.
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See attached Attachment A-Proposed Ordinance.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition
PUDR-PL20240005475, Immokalee Senior Housing PUD, on March 20, 2025. The CCPC voted 6-0 to forward this
petition to the Board with a recommendation of approval.
Since the CCPC hearing, the PUD Ordinance has been insubstantially modified for clarity. At the petitioner's request,
transportation template language and accessory childcare during religious services have been inserted.
This item advances the Collier County Strategic Plan by supporting access to health, wellness, and human services.
FISCAL IMPACT: The PUD Rezone (PUDR) will have no fiscal impact on Collier County by and of itself. 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 impact Collier County's
public facilities.
The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impact 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.
Other fees collected prior to the issuance of a building permit include building permit review fees. 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: Comprehensive Planning staff has reviewed the proposed PUDR and finds it
consistent with the Future Land Use Element (FLUE) of the GMP.
LEGAL CONSIDERATIONS: This is a rezone of 0.55+/- acres and an amendment to an existing PUD, to be known
as Immokalee Senior Housing Mixed-Use Planned Unit Development (MPUD). The burden falls upon the applicant to
prove that the proposed rezone is consistent with all the criteria set forth below. Should it consider denying the rezone,
the burden then shifts to the Board of County Commissioners to determine that such a 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.
Criteria for PUD Rezones and PUD Amendments:
Ask yourself the following questions. The answers will 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 PUD with the Growth Management Plan's goals, objectives, and policies.
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.
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8. Consider: Conformity with PUD 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 literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies of the future land use map and the
elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD 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?
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 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 that 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 PUD 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.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County
Commissioners 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. 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. This item has been approved for form and
legality and requires an affirmative vote of four for Board approval. --DDP
RECOMMENDATIONS: To approve Petition PUDR-PL20240005475, Immokalee Senior Housing rezone to add
0.55+/- acres and develop the remaining portions of the site with a new educational facility and future development of a
new church.
PREPARED BY: Nancy Gundlach, AICP, PLA, CSM, Planner III, Zoning Division
ATTACHMENTS:
1. Staff Report-Immokalee Senior Housing 3-3-25 (1)
2. Attachment A-Proposed Ordinance - Immok Snr Hsg- 040425R
3. Attachment B-Ordinance Number 04-29
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4. Attachment C-GMP Consistency Review Memorandum
5. Attachment D-NIM Presentation Jan 7 2025 NIM
6. Attachment D-1-NIM Transcript Jan 7 2025 NIM
7. Attachment D-2-Letter of Support from Immokalee CRA 3-4-25
8. Attachment E-Application (1)
9. CCPC Published Ad- PL20240005475 2-28-25
10. legal ad - agenda ID 25-857 - Immokalee-Senior-Housing-PUDR-PL20240005475 - BCC 4.22.25
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STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPART-
MENT - PLANNING & REGULATION
HEARING DATE: MARCH 20, 2025
SUBJECT: PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MIXED-
USE PLANNED UNIT DEVELOPMENT (MPUD)
_______________________________________________________________________________
PROPERTY OWNER/APPLICANT AND AGENTS:
Owner/Applicant:
Friendship Baptist Church Immokalee Florida, Inc.
PO Box 580
Immokalee, FL 34143
Agent:
Wayne Arnold, AICP
Q.Grady Minor and Associates, LLC
3880 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance
No. 04-29 Immokalee Senior Housing Residential Planned Unit Development (RPUD), and
Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate
zoning atlas map or maps by changing the zoning classification of an additional 0.55+/- acres of
land zoned Residential Multi-Family-6 (RMF-6), with a Wellfield Risk Management Special
Treatment Overlay Zone (ST/W-4), to Mixed-use Planned Unit Development (MPUD) with a
Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), for a project to be known
as Immokalee Senior Housing MPUD, by reducing the number of muti-family dwelling units from
119 to 30, and allowing a 5,000 gross square foot 200-seat church with accessory 100 student
childcare, and up to 50,000 square feet of certain community facility and educational services uses;
updating the Master Plan; and rescinding the Affordable Housing Density Bonus Agreement.
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MASTER PLAN
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MASTER PLAN
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GEOGRAPHIC LOCATION:
The subject property, consisting of 7.99± acres, is located on the east side of 11th Street North, just
south of Lake Trafford Road and Highland Elementary School, in Section 33, Township 46 South,
Range 29 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.)
PURPOSE/DESCRIPTION OF PROJECT:
The Immokalee Senior Housing PUD is currently 7.44± acres and was originally rezoned by
Ordinance Number 04-29 (see Attachment B). The PUD originally allowed for 119 affordable
housing units subject to an affordable housing density bonus agreement. Currently, 30 multi-
family units have been built on the site's southern portion. A Church also exists just north of the
multi-family residences on a portion of the site.
The purpose of this PUD rezone is to develop the remaining portions of the site with a new
educational facility for the Immokalee Foundation and the future development of a house of
worship and an accessory daycare facility for a Church.
The subject site is located within proximity to Highlands Elementary School, Immokalee Middle
School, and Immokalee High School. According to the petitioner, the purpose of the subject PUD
rezone is for the Immokalee Foundation to provide an educational building for after-school
programs. The existing on-site Church would like to build a new church and daycare facility.
This PUD Amendment proposes to:
- add 0.55+/- acres from the Residential Multi-family zoning district to the Immokalee
Senior Housing MPUD;
- rescind the affordable housing density bonus agreement;
- reduce the number of residential units from 119 to 30 units;
- add a 5,000 square foot, 200-seat church with an accessory 100-student childcare
facility;
- add charitable trust uses;
- add social services uses;
- add job training;
- add schools and education services limited to continuing education programs, language
and reading schools, tutoring, and vocational counseling
- add accessory church offices;
- revise the legal description; and
- revise the Master Plan.
The Master Plan has also been updated to reflect the proposed changes on page 3 of this Staff
Report.
See attached Attachment A-Proposed Ordinance.
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SURROUNDING LAND USE AND ZONING:
North: Church and cemetery, with a zoning designation of Residential Multiple-Family
District 6 (RMF-6) within a Special Treatment Area Zoning Overlay ST/W-4
East: Developed residential land, with a zoning designation of Residential Multiple-
Family District 6 (RMF-6)
South: Developed residential land, with a zoning designation of Residential Multiple-
Family District 6 (RMF-6) and Mobile Home (MH)
West: North 11th Street, a local street, and a church, and then developed residential land,
with a zoning designation of Residential Single-Family (RSF-3)
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent
with the GMP. For further information, please see Attachment C-GMP Consistency Review
Memorandum.
Transportation Element: In evaluating this project, staff reviewed the applicant’s November 4,
2024, Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation
Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory
Reports (AUIR).
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 of permissible 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
occurs:
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’s significant impacts on all roadways.”
Staff finding: According to the TIS provided with this petition, the proposed development will
generate a projected total of +/- 153 PM peak hour, 2-way trips on the adjacent roadway segments
of Immokalee Road and State Road 29. The trips generated by this development will occur on the
following roadway links:
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Link/Roadway Link Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected
P.M. Peak
Hour/Peak
Direction
Project Trips
(1)
2024 AUIR
Remaining
Capacity
2024 AUIR
LOS
(Level of
Service)
46.0/Immokalee
Road
Oil Well to
SR-29
900/EB 8/EB 67 (2) D (2)
47.0/Lake
Trafford Road
Carson to SR-
29
800/EB 8/EB 162 (2) D (2)
84.0/State Road
29
S. SR-29 to 9th
St.
1700/WB 15/EB 876 (2) B (2)
85.0/State Road
29
9th St. to N.
SR-29
900/SB 6/SB 79 (2) D (2)
• (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's November 4, 2024,
Traffic Impact Statement.
• (2) Current FDOT Florida Forward Road Improvements that are projected to improve LOS on these
roadways:
o SR-29 Loop Road.
o SR-29/Main Street Roundabout.
Based on the TIS and the 2024 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 Planning staff has
found this project to be consistent with the CCME. The project site consists of 33 native trees. A
minimum of 15% of the existing native trees shall be maintained or replanted onsite. The project
site is 7.99 acres.
GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the
GMP.
STAFF ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition, including the criteria upon
which a recommendation must be based, specifically noted in Land Development Code (LDC)
Section 10.02.13 B.5., Planning Commission Recommendation (commonly 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 Collier
County Planning Commission’s (CCPC) recommendation. The CCPC uses these same criteria as
the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in
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turn use the criteria to support their action on the rezoning request. An evaluation relative to these
subsections is discussed below, under the heading “Zoning and Land Development Review.” In
addition, staff offers the following analysis:
Environmental Review: Environmental Services staff has reviewed the petition to address
environmental concerns. The property has been maintained clear of native vegetation required to
be preserved. The Master Plan does not show a preserve since no minimum preservation is
required. At the SDP review a minimum of 15% tree preservation will be required per Land
Development Code (LDC) section 3.05.07. The property was issued a Vegetation Removal Permit
(VRP) to remove invasive exotic vegetation from the property (VRP Permit # PL20140001360).
The property has been maintained devoid of native midstory vegetation and ground cover, as such,
a tree survey was used to determine the native tree preservation requirement for the proposed
development.
No listed animal species were observed on the property; however, the Florida Fish and Wildlife
Conservation Commission (FWC) wildlife data indicate the presence of a Black Bear (Ursus
americanus floridanus) in the area. A black bear management plan will need to be included in the
PPL or SDP review.
This project does not require an 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. Environmental Services staff recommend
approval of the proposed petition.
Transportation Review: The Transportation Planning staff has reviewed the petition for
compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of
the proposed Immokalee Senior Housing PUDR.
Housing Review: Housing staff has reviewed the petition to address housing concerns. The
MPUD amends the current PUD Ordinance No. 04-29 resulting in the Affordable Housing Density
Bonus exhibit to that ordinance being nullified.
Zoning and Land Development Review: The subject property is partially developed with multi-
family senior housing in the site's southern portion and a church to the north along the western
portion of the site. The subject property is surrounded by a cemetery on the north property line,
mostly single-family homes along the east property line, single-family and mobile homes along the
south property line, and across North 11th Street along the east property line, single-family homes.
As previously stated, the PUD will be amended to:
- add 0.55+/- acres from the Residential Multi-family zoning district to the Immokalee
Senior Housing MPUD;
- rescind the affordable housing density bonus agreement;
- reduce the number of residential units from 119 to 30 units;
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- add a 5,000 square foot, 200-seat church with an accessory 100-student childcare
facility;
- add charitable trust uses;
- add social services uses;
- add job training;
- add schools and education services limited to continuing education programs, language
and reading schools, tutoring, and vocational counseling
- add accessory church offices;
- revise the legal description; and
- revise the Master Plan.
The proposed Development Standards are similar to the previously approved standards. The PUD
front yard set setbacks remain at 25 feet. The PUD internal setbacks remain at 20 feet from the
PUD property line. The proposed building heights for the community facilities have increased
from 35-foot zoned height to 45-foot zoned height. The Master Plan depicts the residential tract
and the community facility tract. Ingress and egress to the site will be from North 11th Street. The
minimum code required landscape buffers will be provided. A 15-foot-wide Type B landscape
buffer (trees 25 feet on center and a 6-foot-high hedge) will be provided along the residential
property lines. A 10-foot-wide Type D Right-of-Way Landscape Buffer (trees 30 feet on center
and a 3-foot-high hedge will be provided along North 11th Street. A 10-foot-wide Type A
landscape buffer will be provided along the cemetery property line.
Lighting that is Dark Sky compliant (flat panel, full cut-off fixtures with a Backlight, Up light, and
Glare (BUG) rating where U=0) will be provided to avoid light spill onto adjacent properties.
Outdoor amplified sound is prohibited except as a special event temporary use permit.
Staff finds the proposed changes compatible with the neighborhood.
REZONE FINDINGS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5.,
Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and
Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as
“Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use
the criteria to support their action on the rezoning request. An evaluation relative to these
subsections is discussed below, under the heading “Zoning and Land Development Review
Analysis.” In addition, staff offers the following analysis:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
and future land use map, and the elements of the GMP.
The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with
all applicable elements of the FLUE of the GMP.
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2. The existing land use pattern.
As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the
zoning review analysis, the neighborhood’s existing land use pattern can be characterized as
Church and cemetery to the north, mobile home to the east, residential to the south, and west.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did
not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD
Rezone does not change this finding.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The district boundaries are logically drawn as discussed in Items 2 and 3.
5. Whether changed or changing conditions make the passage of the proposed rezone
necessary.
The proposed change is not necessary, but it is being requested in compliance with the LDC
provisions to seek such changes because the petitioner wishes to add a community facility and
expand the church and the related activities to better serve the surrounding community.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Development in compliance with the proposed PUD Rezone should not adversely impact living
conditions in the area.
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.
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8. Whether the proposed change will create a drainage problem.
The overall drainage system is in place. The proposed PUD Rezone will not create a drainage
problem. Furthermore, the project is subject to the requirements of Collier County and the South
Florida Water Management District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the
PUD. Furthermore, the PUD Document provides adequate property development regulations to
ensure light and air should not be seriously reduced to adjacent areas.
10. Whether the proposed change would adversely affect property values in the adjacent area.
Staff could find no evidence that the proposed PUD Rezone will adversely impact property values.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The properties around the proposed PUD have mostly been developed. The basic premise
underlying all of the development standards in the LDC is that their sound application, when
combined with the SDP approval process and PPL process, gives reasonable assurance that a
change in zoning will not result in deterrence to improvement or development of adjacent property.
Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The proposed Immokalee Senior Housing MPUD does not grant special privileges to an individual
owner. The MPUD will support public welfare by providing not-for-profit services including a
church, a childcare facility, charitable trust uses, job training, schools, and education services
limited to continuing education programs, language and reading schools, tutoring, and vocational
counseling, social services use, and job training.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property could be developed within the parameters of the existing zoning designations.
However, the petitioner is seeking this PUD Rezone to add property and additional land uses into
the PUD in compliance with LDC provisions. The proposed Rezone meets the intent of the PUD
district.
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PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025
Page 13 of 16
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
The proposed project includes land uses necessary to meet the needs of the neighborhood such as
family social services, outreach programs, vocational counseling, and job training. Based on the
staff’s review of the proposed PUD Rezone, this petition has not been deemed as out of scale with
the neighborhood's needs.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this
is not the determining factor when evaluating the appropriateness of a zoning decision. The
petition was reviewed on its merit for compliance with the GMP and the LDC, and 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.
A small portion of the property is developed with buildings, parking, and water management.
Future development will undergo evaluation relative to all federal, state, and local development
regulations during the SDP approval process and later as part of the building permit process.
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 GMP 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
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.
PUD FINDINGS:
LDC Section 10.02.13.B.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:”
Page 455 of 6355
PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025
Page 14 of 16
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 proposed not-for-profit educational facility will serve the needs of the Immokalee community.
It is two blocks from the Immokalee Foundation facility and will allow students to walk to the
Immokalee Foundation facility for after-school programs.
The PUD is served by water and sewer services provided by the Immokalee Water Sewer District.
Access is provided by a driveway connection to Santa Rosa Avenue. Transportation has
concluded that there is adequate road capacity to serve the proposed land uses.
A master surface water management system will serve the project.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for Rezones 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 provided satisfactory evidence of unified control of the
property. Additionally, the development will be required to gain SDP approval. These processes
will ensure that the developer will provide appropriate stipulations for the provision of, continuing
operation of, and maintenance of infrastructure.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the GMP.
County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives, and policies of the GMP within the GMP discussion of this staff report.
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 landscaping and buffering standards are compatible with the adjacent uses. Staff has
concluded that this Rezone will not change the project’s compatibility, both internally and
externally.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the LDC.
Page 456 of 6355
PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025
Page 15 of 16
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 the time of
the first development order (SDP or Plat), when 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.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The subject property is partially developed with a 30-unit residential building and the remainder of
the property is undeveloped. The subject property can support expansion based upon the
commitments made by the petitioner and the fact that adequate public facilities requirements will
be addressed when development approvals are sought.
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.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for
the most similar conventional zoning district. The petitioner is not seeking any deviations.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on January 7, 2025, at the Immokalee Foundation, 908 Roberts
Avenue West, Immokalee, Florida. Approximately 15 residents attended the meeting along with
the Agent’s team, the Applicant, and county staff. The residents expressed concern over excessive
traffic. For further information, see attached Attachment D–NIM Presentation and Attachment D-
1-NIM Transcript.
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW;
The petitioner presented the Immokalee Senior Housing PUDR to the Immokalee CRA at their
February 19, 2025, meeting. The CRA voted 6-0 to support the petition and has submitted a letter
of support. Please see Attachment D-2-Letter of Support.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed the Staff Report for this petition on February 27, 2025.
Page 457 of 6355
PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025
Page 16 of 16
RECOMMENDATION:
Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR-
PL20240005475, Immokalee Senior Housing PUDR to the BCC with a recommendation of
approval.
Attachments:
Attachment A: Proposed PUD Ordinance
Attachment B: Ordinance Number 04-29
Attachment C: GMP Consistency Review Memorandum
Attachment D: NIM Presentation
Attachment D-1: NIM Transcript
Attachment D-2-Letter of Support
Attachment E: Application
Page 458 of 6355
ORDINANCf, NO.2025.
AI\I ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-29,
IMMOKALEE SENIOR HOUSING RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD), AND ORDINANCE NO. 2004-41, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING
THE ZONING CLASSIFICATION OF AN ADDITIONAL 0.55+/- ACRES
OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONE W-4 (ST/W-4), TO MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) WITH A WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONE W.4 (ST/W-4), FOR A
PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING
MPUD, BY REDUCING THE NUMBER OF MULTI.FAMILY
DWELLING UNITS FROM T19 TO 30, AND ALLOWING A 5,OOO GROSS
SQUARf, FOOT 2OO.SEAT CHURCH, AND UP TO 5O,OOO SQUARE FEET
OF CERTAIN COMMUNITY FACILITY AND EDUCATIONAL
SERVICES USES; UPDATING THE MASTER PLAN; AND RESCINDING
THE AFFORDABLE HOUSING DENSITY BONUS AGREEMf,NT; ON
7.99+/. ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF IITH
STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND
HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTTI, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTI\.E DATE. [PL202400054751
WHEREAS, on May I1,2004, the Board of County Commissioners approved Ordinance
No.04-29 which established the Immokalee Senior Housing, Ltd. PUD Residential Planned Unit
Development (RPUD); and
WHEREAS, D. Wayne Amold, AICP of Q. Grady Minor & Associates, P.A.
representing Friendship Baptist Church Immokalee Florida, lnc., 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 COLNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[24-CPS-02537/l 9363 l5ll] I 45
Immokalee Senior Housing / PL20240005475
414/2025R
I of 2
CAO
Page 459 of 6355
SECTION ONE:CHANGE TO ZONING CLASSIFICATION AND AMENDMENTS
TO ORDINANCE NO. 04.29, IMMOKALEE SENIOR HOUSING
RPUD
The zoning classification of the herein described real property located in Section 33,
Township 46 South, Range 29 East, Collier County, Florida is changed from Residential Planned
Unit Development (RPUD) and Residential Multi-Family-6 (RMF-6), with a Wellfield Risk
Management Special Treatment Overlay Zone W-4 (ST/W-4), to a Mixed Use Planned Unit
Development (MPUD) zoning district with a Wellfield Risk Management Special Treatment
Overlay Zone W-4 (ST/W-4), for a 7 .99+ acre project known as the Immokalee Senior Housing
MPUD in accordance with the revised PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly. The Agreement Authorizing Affordable Housing Density Bonus
and Imposing Covenants and Restrictions on Real Property, Exhibit "B" ofOrdinance No. 04-29,
Immokalee Senior Housing RPUD, is rescinded in its entirety.
SECTIONTWO: EFFECTIVEDATE
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 2025.
ATTEST:
CRYSTAL K. KINZEL. CLERK
Bv:
, Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
Attachments:
Exhibit "A" PUD Document
[24-CPS-02537/ 19363 r 5/l ]145
lmmokalee Senior Housing / PL20240005475
4/4t2025R
BOARD OF COUNTY COMMISSIONERS
COLLIER COLTNTY. FLORIDA
Bv:
Burt L. Saunders, Chairman
\Pll"s
q
2 of 2
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Page 460 of 6355
IMMOKALEE SENIOR HOUSING
A RES+DEN+{+t-M]XED]J!L PLANNED L,]NIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE
SENIOR HoUSING MPUD, A R€SIDEN+{+tIVIIXED_]JSE PLANNED UNrT DEVELOPMENT
PURSUANT TO PROVISIONS OF TIIE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
United Church Homes
I 70 E. Center Street
PO Box 1806
Marion. Ohio 43301-l 806
PREPARED BY:
Davidson Engineering, inc.
Rich Joudrey, PE
2154 Trade Center Way
Suite 3
Naples, Fl 34109
Talon Management, Inc.
Tim Hancock, AICP
3898 Tamiami Trail North
Suite 202
Naples, FL 34103
AMENDED BY:
O. Grady Minor and Associates. LLC
3800 Via Del Rev. Bonita Sorines FL 34134
FOR:
Friendship Baotist Church Immokalee Florida" Inc.
PO Box 580. Immokalee FL 34143
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
5- I l -200.1
2004-9
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Page 461 of 6355
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCF AND SHORT TITLE
SECTION I PROPERTY OWNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENTSEQU]-&EMENTS
SECTION III RESIDENTIAL DEVELOPMENT AREAS+I*N
PAGE
3
4
5
7
++10
SECTION IV
SECTION V DEVELOPMENT COMMITMENTS -l-+ti
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c4o
TABLE OF CONTENTS
Page 462 of 6355
TABLE *!:
DEVIATION LIST
EXHIBIT'A"
Residential (R) Tract Development Standards
MPUD Master Plan and Master Plan Notes
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,4o
LIST OF EXHIBITS AND TABLES
Page 463 of 6355
STATEMENT OF COMPLIANCE AND SHORT TITLE
The development of approximately 7A-lllacres of property in Collier County, as a ResiCential
Mixed Use Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING MPUD
must be in compliance with the goals, objectives and policies of Collier County as set forlh in the
Orowth Management Plan as it may be amended. The residential and recreational facilities of
IMMOKALEE SENIOR HOUSING MP['D will be consistent wirh rhe growrh policies, land
development regulations, and applicable comprehensive planning objectives ofeach ofthe elements of
the Growth Management Plan for the following reasons:
I+esid€n{ia}Mire d Use Proiect
The subject property is within the Residential Designation, High Residential District as identified on the
Immokalee Future Land Use Map as required in objective II.l; of the lmmokalee Area Master plan.
Residential and Com muniW Facilities are oerm itted in this Future Land Use Catesorv
2. The subject property's location in relation to existing or proposed community facilities and services
permits the development's residential density as required in Policy I L I .2 ofthe Immokalee Area Master
Plan.
3. The project development, as stipulated within this PUDMPUD document regarding increased setbacks
and buffering beyond the minimums set forth in the LDC, is compatible and complementary to existing
and future sunounding land uses as required in Policy 5.4 ofthe Future Land Use Element and policy
I 1.1.3 of the lmmokalee Area Master PIan.
4. lmprovements are planned to be in compliance with applicable land development regulations as set forth
in Objective 3 ofthe Future Land Use Element.
5 The project development will result in an efficient and economical extension of community facilities
and services as required in Objective 3 ofthe Future Land Use Element.
6. The projected density of +6&dwelling units per acre is in compliance with the Immokalee Area Master
Plan based on the following relationships to required criteria:
Base density: 8 upa (High Residential District)
1'O rAI--16& upa
This ordinance shall be known and cited as the "rmmokalee Senior Houing *esiae#al-Mr&d_ui9
Planned Unit Development Ordinance."
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SHORT TITLE
,4o
Page 464 of 6355
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
I.] PURPOSE
The purpose ofthis Seclion is to set fonh the location and ownership ofthe properry-. and to
describe the existing conditions ofthe property proposed to be developed under the pro-ject
name of Immokalee Senior Housing Residenrial-![4gl!lg9-![pUD.
1.2 AL DESCRIPTI
The subject propeny beingT=4+7 994acres, is described as:
G AT THE NOR E ST CORNER OI- LANDS DI]SC RIBED INB E]GINN
OFFICIAI,RECORDS BOOK 4158. PAGE 1502. OF THE PLTBLIC REC ORDS OF
COLLIER COUNTY. F-LORIDA THENCE ALONC NORTH. EAST A D SOUTH
LINE OF SAID LANDS FOR T}I E FOLLOWING THREE (3)COURSES AND
DISTANC ES (I) NO RTH 89'I2'37" EAST.FOR 288.59 FEET: (2)souTH 00.39'03"
EAST. FOR 65 5.24 FEET: (3)SOUTH 89'I 3',37', WEST. FOR 167.2 1 FEET; THENCE
souTH 00.38,4 8'EAST.FOR 333.80 FEE T TO THE SOUTHEAST CO RNER OF
LAND S DESCRIBED IN OFFICIAL REC ORDS BOOK 6I 58. PAGE 2192.OF THE
PT-IBI-I C RECORDS OF COLLIER C OUNTY. FI-ORIDA:THENCE ALO G THE
SOI-IT H LINE OF SAID LANDS SOTJTH 89'16',25', WEST-FOR 300.26 FEE TTOAN
THEN
RSECTI N H THE EA GHT.OF-W F IITH ST T NORTH
CE ALONG SAII)EAST RIGHT -OF-WAY. NOR TH 00.38',23', W EST. FOR
662.65 FE ET: TT]ENCE DEPARTI NG SA ID RIGHT-OF-WAY NORTH 89"21,37'
EAST. FOR I78.7I FEE TTO AN INTERSEC TION wlTH THE WEST LINE OF THE
AFORE NTIONED NDS DESCRIB D IN OFFICIA L RECORDS K 4 t58.
PAGE 1 502. OF THE PTJBLIC REC ORDS OF COI,LIER COUNT Y FI-OR IDA:
THENCE ALONG SAID WEST I-INE NORTH 00.38'2 3'' WEST. FOR 326.48 FEET TO
THE PO INT OF BEGINN ING OF THE PARCEL DESC RIBED HEREIN:
CONT INING 7.99 AC RES. MORE O LESS
I.3 PROPERTY OWNER SHIP
Jl. :rI*1 property is currently under the ownership of Ursus Holdings. LLC and
Eicrdrhio Birtirt Chrr.h I'n.okul"" Flo.idr- In".@
Isnfi€kal€er+H4+993+
oao
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ip 16 Seuth, Range
@i€rdarlydes€ribed in E .'B.
A TRACT OR PARCEL OF LAND LYING IN SECTION 33. TOVI/NSHIP 46 SOUTH.
RANGE 29 EAST. COLLIER COLINTY. FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Page 465 of 6355
A. The project site is located in the West 1/2 of Section 33. Township 46 South, Range
29 East. The project location is generally described as lying immediately east of I )m
Street North, South ofLake Trafford Road in Immokalee. Florida.
B. The zoning classification of the subject property prior to the date of this approved
![PUD document was RMF-6 and RPUD.
buildings€n+h€?€peqr
Ff eY"iens wi+hin the p
ffi?4]j+*
The seil types en the site eensist ef 1009,0 Urbrr tand lrmekalee eldsmar: limestene
il eenservation Seftiee)
ifl-M€r€h+95+
+5__+Rgtr€++EE€R+P+{eN
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I.4 G!]NERAL DESCRIPTION OF PROPFRTY AREA
ording tB Seuth Flerida
Water Management Distriet design standa-ds, Sinee th€ site is under the minimum ^'ea
threshold and ns jurisdi€tienel lyetlands exist; surfa€€ ryater manlEement permittin€
@i€s.
The prqieet will Le devele-ed te serve res:dential needs ef the elderly in the lm-neltale€€€grauftt subje€t Brsperty t
^"iaraaUb heusing &
o
Yo
Page 466 of 6355
SECTION It
PROJECT DEVELOPMENT REQUIREMENTS
2-I PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships lo applicable County ordinances, the respective land uses ofthe
tracts included in the project, as well as other project relationships.
Regulations for development of the Immokalee Senior Housing Residen+ia.l-!!!49g[
use MPUD shall be in accordance with the contents ofthis document, RPUDllflp
Planned Unit Development Districl and other applicable sections and parts of the
Collier County Land Development Code and GroMh Management Plan in effect at
the time of building permit application. Where these regulations fail to provide
developmental standards then the provisions ofthe most similar district in the County
Land Development Code shall apply.
Except as noted in the multi-family dwelling unit limitation, the definitions of all
terms shall be the same as the definitions set forth in Collier County Land
Development Code in effect at the time ofbuilding permit applicalion.
All conditions imposed and all graphic material presented depicting restrictions for
the development of lmmokalee Senior Housing Residen+ial-!!j19g[-Q9q![PUD shall
become part ofthe regulations that govem the manner in which the ![PUD site may
be developed.
Unless formal deviations have been sought and approved as part of this MPUD, the
provisions of other land development codes remain in full force and effect with
respect to the development of the land which comprises this MPUD.
Development permifted by the approval of this petition will be subject ro a
concurrency review under the provisions of Division 3. 15 Adequate public Facilities.
B
C
D
E
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2.2 GENERAL
o
uo
Page 467 of 6355
2.3. DESCRIPTION OF PROJEC'f PLA N AND PROPOSED LAND USES
tl
The project Master Plan, including layoul of streets and use of land for the various
tracts, is illustrated graphically by Exhibit 'A", MPUD Master Deve+,opBa€*plan.
There shall be 3-]land use tracts, including necessary water management facilities.
The general configuration of which is also illustrated by Exlibit "A".
It is the intent of this MPUD to develop affuCable-senior housing subiect to
limitations contained in this document and the Density Raling System contained in
the Collier County Growth Manage ment Plan. Communitv Facili W uses are subiect
to standards identified in the CF Secrion ofthis MPUD.
D
PHASE ACREAGE
1 2.09
:-5s
2*0
MUM NUMBER F
2
f
30 units, which includes one unit within the main
structure (not a separate structure) to house a
superintendent or resident manager
44units
45-unit5
C Minor modification to all tracts or other boundaries may be permitted at the time of
Preliminary Subdivision Plat or Site Development Plan approval, subject Io the
provisions of Sections 3-2.6 and 2.7.3.5 respectively, of the Collier County Lard
Development Code.(text removed)
In addilion to the various areas and specific items shown in Exhibit "A,'. easements
(utility, private, semi-public, etc.) shall be established within or along the various
Tracts as may be necessary.
(+HDB+
2.5. RELATED PROJECT PLAN AP PROVAL REO UI REM ENTS
I]
Prior to the recording ofa Record Piat. and,/or Condominium plat for all or part ofthe MpuD
ifrequired, final plans ofall required improvements shall receive approval ofthe appropriate
Collier County govemmental agency to insure compliance with th. MpuD Master plan, the
Collier County Subdivision Code and the platting laws ofthe State ofFlorida.
Exhibit "A"'the MPUD Master pran, constitutes the required !!pUD Development plan.
subsequent to or concurrent with p@MpUD approvar, a neriminary Subdivision prat ifapplicable may be submitted for the entire area covered bv
o
c
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2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The PUBMEUD is designed to accommodate dwelling types intended to serve the senior
population of Immokalee. The residential use will consist ofaffe+dsb+e-rental apartments.
Page 468 of 6355
C
D
the MPUD Master Plan. Any division of property and the development of the land must
be in compliance with Division 3.2 ofthe Collier County Land Development Code and
the platting laws ofthe State of Florida.
The provisions ofDivision 3.3 ofthe Collier County Land Development Code shall apply to
the development ofall platted tracts, or parcels of land.
The development ofany tract or parcel for residential development conlemplating fee simple
ownership ofland for each dwelling unit shall be requ ed to submit and receive approval of
a PUD amendment in compliance wilh the LDC PUD amendment procedure in effect at that
time.
Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
the €ellier €oBnb tand
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Page 469 of 6355
SECTION III
RESIDENTIAL DEVELOPMENT AREAS+IAN
3. ]. PURPOSE
The prde€t shell €eFt& Fn€n+residential tracts, *hi€h-will allow for
multifamily dwelling units limited to senior independent living residential facilities.
3.2. MAXIMUM DWELLING UNTTS
Aff-phases-€€mbifl€C Residential R T shall not exceed }19-fL total dwelling units
(includine a caretaker/manager unit within building). @M
Phase t: 30 Units (in
Phase-?:----/14-Ui+s
Phase-+--,t +s.t}Bi+s
+era}-----J-l+uBits-
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Principal Use:
Multi-family dwelling units-limited to only senior Independenr living residence facility,
as that term is described below:
A facility that provides residential accommodations for senior adults who are in good
heahh and do not require medical or skilled nursing care. Residents shall have individual
dwelling units with living, sleeping. bathroom, and kitchen facilities. The Independent
Living Residence Facility may include a Senior Village Community Center or
Community Building, or similar common are:rs such as a common dining facility, and
space for the provision of social, psychological, and educational programs. The facility
may provide home health care or other community-based services for residents of the
project on an individual basis and offer meals, linen, and housekeeping services. The
Independent Living Residence Facility may provide a residence for a superintendent or
for maintenance staff, but there shall be no on-site residence of medical or other staff.
Services to anyone other than full-time residents are prohibited as part of this
PCD\4PUD.
x)
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Page 470 of 6355
B. Accessory Uses
(l) No Side Yard
Phase4;a{djacent to s+ntJ€-f€*i+rhsmescF Tract 5+2q feet
(2)East (Rear Y ard)
Phs.e+rqldiacent to mobile homes 20 feet
Phase 2r aqia€ent to duple\ stru€tures 20 feet
(l)South (Side Yard):
Phese{-*{djacenl to single-family homes 20 feet
Phase4radjaeen*tenebileSomes ?0 feet
(4) West.(ErclLYa4D:
PM-+-Street: 25 feet
(5) Distance between principal structures shall be l5 feet or one_half ( l/2)
the sum of the heights of the adjacent structures whichever is greater.
Dislance between principal structues and accessory structures or
between accessory structures shall be a minimum of l0 ieet.
(6) Minimum setback from preserves - 25 feet
F. MINIM UM FLOO R AREA:550 square feet per unit
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(l) Customary accessory uses and structures, excluding garages.
(2) Common recreational amenities.
(3) Maintenance facility (a garage-type door is allowable).
3.4. GENERAL DEVELOPMENT STANDARDS
A. All yard setback, etc. shall be measured from rhe fie€+-Reitd&ntial_(&_I4e!
boundaries olgg !!PUD, with the exception ofthe required distance between structues.
B. This project must utilize an overall architectural theme for all principal and accessory
structures.
3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
A. MINIMUM LOT AREA: 10,000 square feer
B. MINIMUM LOT WIDTH: 100 feet
C. MINIMUM PRESERVE AREA: 0.47 acres
D. MINIMUM PRESERVE WIDTH: 20 feet
E. MINIMUM BUILDING SETBACKS (YARDS):
Page 471 of 6355
C. OFF-STREET PARKING AND LOADING UIREMENTS
(1) Off-street parking (subject ofa deviation)
Independent Living Residence Facilify: I space per dwelling unit
(2) Off-Streel Loading spaces will be provided in compliance with LDC
Section 2.3.21.3, but in no case will there be less than 1 loading space
provide per building.
MAXIMUM HEIGHT:35 feet or 2 stories above the minimum base flood
elevation, whichever is less
3.6 DEVELO STAND ARDS FOR ACCESSORY S TRUCTURES
A INIMUM B CKS ARD
( I ) North (Side Yard):
Phase-|eddjacenttosi*gle-famdyJrcmesC! f!4q! 5+2qfee1
(2) East (Rear Yard):
Phase*;aAdjacent to mobile homes 20 feet
Phase 4 adj.eent ts d
(3) So utlr (Side Yard):
Phase*;q{djacent to single-family homes 20 feet
fhase 2r .djeeent
(4) West (Front Yard):
Phase-l-&?-Street: 25 feet
(5) Distance between accessory structures - l5 feet or one-half (l/2) the
sum ofthe heights ofthe adjacent structures whichever is greater.
(6) Minimum setback from Preserves, l0 feet
UM AREA: 100 square leet per unit
MAXIMLIM HEIGHT:25 feet or I story above the minimum base flood
elevation, whichever is less
H
B
C
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o.(-Page 472 of 6355
A. hincioal Uses:
B. Accessorv Uses:
l. Ad inistmtive Churc Of'fices
1
.t
avilions
3. Gazebos
door recreati areas. Dlay lots. plavsround s. which mav include shade structures.5. Re lisious Educational Classroo ms. Cho rus Rehearsal Room and Child Care durinq
reliqious services.
6 ialA4eetins and Fellowshio Center7. Water manasem ent fac ilities to serve the Dro iect su ch as lakes.
C. Prohi bited Uses:
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SECTION IV
COMMLTNITY FACILITY DEVELOPMENT AREA
4.I PERMITTED USES:
A maximum ofone 5.000 eross square foot 200 seat church and 50.000 gross square feet ofoffices
and classroom space in support ofeducational trust familv services. educational trusts. educational
tuloring (8299) andjob trainine and skill training centers shall be permitted within the Communitv
FaciliB (CF) Tract ofthe MPUD. No buildine or structure. or part thereof. shall be erected. aftered
or used. or land used. in whole or in part. for other than the following:
1. Churches. limited to one house of worshio with a maximum of5.000 qross square feet and
a seatinq capacity of200 individuals (8661)
2. Educational. relieious and charitable trusts (6732)
3. Individual and family social services. family counselins. child euidance agencies and
outreach proqrams only (8322)
4. Job training and skill training centers (8331)
5. Schools and Educational Services (8299) includine only continuinq education proqrams.
cuniculum develonment. Ianquage and reading schools. tutorinq and vocational
counseling.
6. Anv other principal use which is comparable in nature with the foresoing list of permitted
orincioal uses. as determined bv the Board of Zoning Apoeals (BZA) or the Hearing
Examiner bv the process outlined in the LDC.
l. Soup kitchens
2. Homeless shelters
3. Druq rehabilitation services
Page 473 of 6355
4.2 COMMLTNITY FACILITY (CF) DEVELOPMENT STAN DARDS TABLE:
PRINCIPAL
USES
ACCESSORY
USES
1 Acre N/A
I 00 feet N/A
100 feet
l-ront Yard 25 feet 20 t'eet
MPUD Perimeter l0 feet
0 feet 0 feet
20 feet
Zoned 45 feet 3 5 feet
Actual 50 feet 3 5 feet
1.000 sF
Note: Nothi in this MPUD docume t shall be deemed to e a deviation from the LDC unless it
is exoresslv stated in the list ofdevi ions. Exhibit '8". DEV TION LIST: Pase 23 of this MPUD.
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}TINIIIIUM LOT AREA
MINIMUM LOT WIDTH
NIINI]\I t-IIlI LOT DEPTH N/A
MINIMT]M SETBACKS
25 feet
lnternal
IlTINIMUM DISTANCE BETWEEN STRUCTURES 20 feet
NTAXIMUM HEI(;HT
]\TINIIIIT]NT FLOOR AREA N.A.
Page 474 of 6355
SECTION {V
DEVELOPMENT COMMITMENTS
,+i.l PT]RPOSE
The pwpose ofthis Section is to set forth the development commitments for the development
ofthe project.
45.2. GENERAL
All facilities shall be constructed in strict accordance with Final Site Development plans,
Final Subdivision Plats, and all applicable State and local laws, codes, and regulation
applicable to this PUDMPUD.Except where specifically noted or stated otherwise, the
standards and specifications of Division 3.2 ofthe Land Development Code shall apply
to this projecl even ifthe land wirhin rhe pUDMIUD is nor to be platted. The developer.
his successor and assigns, shall be responsible for the commitments outlined in this
document. Which commitments will be enforced through provisions agreed to be
included in the declaration ofcovenants ard restrictions, or similar recorded instrument.
Such provisions must be enforceable by lot owners against the development its,
successors, and assigns, regardless of tumover or not to any properry or homeowners'
association.
The developer, his successor or assignee shall agree to follow the Master plan and the
regulations ofthe PUDMPUD as adopted, and any other conditions or modifications as
may be agreed to in the rezoning ofthe property. In addition, lhe developer will agree to
convey lo any successor or assignee in title any commitments within this agreemenl.
This project must provide a resident manager.
Iss of a develoom ent permit by a co unty does not in anv wa \ creale an\II ts on the
B
C
D
of
liabilitv on
icant to obtain a it from a state or and c reate an
the part of the county for issuan ce of the permit if the applicant f'ails to obtain
requisi te approvals or fulfill the obliea tions imposed by a state or federal agencv oI
un actions lhat re sult in a vi olation ofstate or federal law. (Secti on 125.022. FS)
E. All other aoolicabl e stat e or federal permits must be obtaine d before commencement of the
dcyqlopment
45.3. PUDM MASTER PLAN
A Exhibit "A", the PUDMPUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land use
boundaries, shall not be construed to be final and may be varied af any subsequent
approval phase such as final plating or site development plan application. Subject to the
provisions of Section 2.7.3.5 of the Land Development Code amendments may be made
from time to time.
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Page 475 of 6355
I]
('
All necessary easements. dedications. or other instruments shall be granted lo insure the
continued operation and maintenance ofall service utilities and all common areas in lhe
project.
This project must provide a minimum of 60 percent, in lhe amount of no less than 4.46
acres, of usable open space as that term is defined in the LDC, and in compliance with
LDC Section 2.6.32. Prior to development approval for any phase of this project, a
comprehensive open space table must be provided on the site plan that demonstrates total
open space requirement compliance.
Single access to the PUD![!!p shall be in alignment with Santa Rosa Avenue such that
to create a two way stop control.
tl Arterial level street Iights shall be provided at the point of ingress and egress. Said
lighring must be in place prior to the issuance of the first permanent certificate of
Occupancy (CO).
C All traffic control devices, signs, pavement markings and design criteria shall be inaccordance with Florida Department of Transponation (FOOTj Manual of UniformMinimum Standards (MLIMS), curent edition, FOOT Design Standards, current edition,and the Manual On Uniform Traffic Control Devices 1M-UTCD), current edition. AIIother improvements shalr be consistent with and as required by the collier county LandDevelopment code (LDC).
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45.4. SCHEDULE OF DE\'ELOPMENT/MONITORING REPORT AND SLNSET PROVISIONS
ing pUD i+ expeeted to
eemmenee in ?001, The ^rejeet may be eempleted as eady as 2009, ineluding all
R, This PUD shall be
itted pursuant te Seetien
@enteede,
One entitv (hereinafter the Manasinq Entitv) shall be responsible for PUD monitoring uttil close-
out of the PUD. and this entity shall also be responsible for salisli,inq all pUD commitments
until close-out of the PUD. At the time of this PtlD approval. the Manaqinq Entity is Friendship
Baotist Church of lmmokalee. Florida. Inc.. PO Box 580. Immokalee. Florida 34134. Should the
Manaqinq Entitv desire to transfer the monitorinq and commitments to a successor entiw. then it
musl Drovide a copy ofa lesallv bindine document that needs to be aoproved for leeal sufficienc), b).,
the Countv Atlomev. After such approval. the Manaqinp Entit-y will be released of its oblieations
upon written approval of the transfer by Countv staff. and the successor entity shall become the
Managins Entitv. As Owner and Developer sell off tracts. the Manaqinq Entitv shall provide
written notice to Countv that includes an acknowledgement of the commitments reouired b.y the
PUD by the new owner and lhe new owner's aqreement to compl), with the Commitments throuqh
the Manaeine Entitv. but the Manaeine Entity shall not berelieved of its resoonsibilio, under this
Section. When the PLrD is closed-out. then the Managing Entitl is no loneer responsible for the
monitoring and fulfillment of PIID commitments.
45.5. TRANSPORTATION
Page 476 of 6355
I)
ll
(i
II
Site-related improvements necessary for safe ingress and egress lo this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the
first CO.
lf, in the sole opinion of Collier county, a traffic signal, or other traffic contror device.
sign or pavement marking improvement within a public right-of-way or easement is
determined to be necessary, the cost ofsuch improvement shar be bome by the deveroper
and shall be paid to Collier County before the issuance ofthe first CO.
Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance ofthe first Certificate ofOccupancy (CO).
mum dail lor the l-tD sh not e 158
hour tri on the cod II'E ual o enc onrin effect al the time of lic ation for SD P/SDPA or subdivis ion plat aDD roval.
J
K
L
Road impact fees shall be paid in accordance with Collier County Ordinance!+Band
Divisi.en-3=++.+D€.
All work within Collier County rights-of-way or public easements shall require a Right-
of-way Permit.
All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 0l-247) and the LDC. Collier County reserves
the right to modi$, or close any median opening existing at the time of approval ofthis
PUDIv[PUD which is found to be adverse to the health, safety and welfare ofthe public.
Any such modifications shall be based on, but are not limited Io, safety, operational
circulation. and roadway capacity.
Nothing in any development order shall vest a right ofaccess in excess ofa right in/righr
out condition at any access poinI. Neither will the existence ofa point ofingress, a point
ofegress or a median opening, nor the lack thereoi shall be the basis for any future cause
of action for damages against the County by the developer, its successor in title, or
assignee.
AII intemal roads, driveways, alleys, palhways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any
such facilities.
Ifany required tum lane improvement requires the use ofexisting County right- of-way
or easement, compensating right-of-way, shall be provided without cost to Collier
County as a consequence ofsuch improvement.
P
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I
Page 477 of 6355
.+5.6 WATER MANAGEMENT
water management will be provided per collier County requirements in effect at the time of
development plan submittal.
45.7 ENVTRO NMENTAL
This PUDM-PUD shall be consistent wirh the Environmenral section of the GMp
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
this PUDMPUD shall comply wirh the guidelines of the USFWS and FFWCC for
impacts to protecled species. A Habitat Management plan for those species shall be
submitted to environmental review staff for review and approval prior to site
development plan approval.
A.
C
E.
All conservation areas shall be designated as tracts or easements with protective
covenants. Easements shall be dedication on the plat to an appropriate entity for
ownership and maintenance and to Collier County with no responsibility for
maintenance.
C.E-All approved Agency (SFWMD, ACOE, FFWCC) permirs shall be submined prior to
final Site PlarVConstruction PIan approval.
H€-Permifted uses wilhin preserves shall be rimited to low-impact passive recreational uses
such as boardwalks, walking trails, picnic areas, etc. Such uses will not allow the
Preserve to drop below minimum required acreage.
All principal stuctures shall have a mmlmum setback of25 feet from the boundary of
any preserve. Accessory structures and all other site alterations shall have a minimum
l0-foot setback from the boundary ofany preserve.
All Category I invasive exotic plants, as defined by the Florida Exotic pest plant Council,
shall be removed within the preserve areas and subsequent annual remova.l ofthese plant (in
perpetuity) shall be the responsibility ofthe property owner.
iny^sive e\otie spe€ie-! fire m-nagement; and m-inlenanee,
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B.
D.
Page 478 of 6355
LFI-As paa of the development order submittal for the first phase of development, the
developer must identiry all areas that must be ffeated within the boundary of the
Preserve. These depictions are subject to further review and approval by staff.
Furthermore, the depictions must comply with the requirements of Section 3.9 of the
LDC.
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure except for a construction site office, which can be constructed in
compliance with temporary use allowances in the LDC.
45.9 S|GNS
All signs shall be in accordance with Division 2.5 ofthe Land Development Code
45.r0 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS
The following landscape buffering requirements shall apply to this project
The developer must relain all existing indigenous plant material within all buffer areas
and setback areas nol occupied by parking areas, as volunteered by the agent in a March
25,2004 lefiet.
The developer musl augment the buffer areas. if necessary, to provide minimum ,'C,'
width, planting type, and size buffers as thal buffer is described in the LDC. where this
project abuts a duplex or single-family use. The buffer width may be reduced at the
project's entrance only to the minimum arnount to allow safe access that will align with
Santa Rosa Avenue. Where the adjacent use is a mobile home, street, church or cemelery.
a type "B" must be provided.
I}
C
D
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas, provided that the landscape buffer areas are increased
by an equivalent width.
Prior to_site.development plan approval for any portion of this site, the developer must
revise the development plan to be in compliance with the landscape island width
standards of the LDC. No deviations were sought or approved to relax any landscape
island width standards.
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l. No native preservation area is required as there is no natiye vegetative communitv on the
prooertv. 33 native trees exist on-site. and l5%o. or 5 trees will be retained or replanted
consislent with LDC Section 3.05.07.4.2. The retained or replanted trees will be shown
on the Site Development Plan.
45.8 ACCESSORY STRUCTURES
Page 479 of 6355
s+a+t&+Cs=
H5J I POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function ofan electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership
ofsuch commons areas including, but not limited to, condominium associations, homeownen
associations, or tenants associations. This agreement shall provide for said community
recreation/public building/public room or similar common facility to be used for a polling place
if determined to be necessary by the Supervisor of Elections.
5.I3 PLANNINC:
Der I slaff member
I oer 7 students
B Communitv Fac ilitv uses in B.2. sh all adhere to the llowins hours of ration
een 7:00am to I 0:3Oom. Ooeratio nal hours mav be extended to l2 30am uo to
two (2) times per month to accommodate reli gious holiday serv ices or special
re Ii us functions.
hours to church reli iz-ati USCS clv sociati
meetinqs:communitv meetin : sell-helo srouos. social service cl ubs: a ch urch runfood bank.
C. Hours o f operati on for the c hurch services shall be7 :00 am lo 9:00 prn weekday and8:00 am to l0 00 pm on Saturda ys and Sundays.These hours are not applicable
reli ous holi day wors hip events
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5, I] LIGFITING:
A. The oroposed educational use is not a traditional educational facilitv and serves the
neighborine schools with after school leamine opportunities. Per LDC 4.05.04.F.4. the
County Manager ofdesisnee may determine the minimum reouired parking for uses not
specifically reference: therefore. the educalional. social service and skill training use
shall provide minimum parking at the followine standard.
Parkinq lot liqhtinq for the CF Tract shall be dark sky compliant (flat panel. full cut off
fixtures- backlieht. uolieht and slare (BUG) ratinq where U:0) to avoid lieht spill onto
adiacent properties. Fixtures within 5O-ft of residential properties alons the MPUD boundary
shall be set at no hisher than a l5-ft mountinq height. Otherwise. the site liqht poles shall not
exceed a 25-ft mountins height. Lieht levels alone the MPUD boundarv shall be limited to no
more than 0.2-ft-candles alone the joint prooerty line where adjacent to residential orope4v.
Page 480 of 6355
D. Outdoor assembl y may occur between 7:00 a.m. and 8:00 p.m weekday-s and 8:00 a.m
and 8:00 p.m. S and Sundays.
E. Outdoor amplified sound is prohibited for uses on the CF Tract unless aporoved as oart
of a sDecial evenl Dorary use permit.
G. For services and other oeriods and events ofsignificant traffic qeneration. as determined
de
enforcement or a law enforcement-aDproved service orovider directed by Collier
County staff. w ith staffins and at location(s) as directed by the Collier Countv
Transportation Adminislralor or his designee.
H. ExceDl as Drovi for the Dermitted church use: davcare ices- school. or food
servlce will not be offered on site, unless in coniunction with and a church service
or a permitted sDecial event.
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F. All oickup and drop offwill occur onsite and no vehicle stackinq shall occur offsite.
Page 481 of 6355
REQUIREM ENTS
TABLE +I
RESIDENTIAL (R) TRACT DEVELOP MENT STANDARDS
PRINCIPAL T]Sf ACCISSORY USE
MINIMUM LOT AREA
MINIMUM LOT WIDTH
FLOOR AREA
MINIMUM BUILDING SETBACKS
(YARDS)
North (Sidc Yard
10,000 square feet
100 feet
550 sq. ft. per unit
MINIMUM
20 feet
3€{ee+
6e+et
20 feel
2e+e{
25 feet
5e*€t
25 feet
I 5 feet or % the sum of
the building heights,
whichever is greater
35 feet or a maximum
of2 stories above
minimum base flood
elevation, whichever is
less
N/A
N/A
100 sq. ft. per unit
MAXIMUM
20 feet
2g+et
60-fce+
20 feet
2g{€et
25 feet
se*et
l0 feet
l5 feet or % the sum ofthe
building heights, whichever
is greater
25 feet or a maximum
of I story above minimum
base flood elevation,
whichever is less
)
Phase4;addj acent to singl+{amily
nemesel :rcql
P+ase3r€dja€€n+{€-€em€{ery
Eastti8galYad):
PheseJ--addjacent to mobile homes
@@
South_.1$j!q!q4[:
Phase-f+{djacent to single-family homes
@
West (Front Y ard)
Phas#Street:
Phase+
MINIMUM PRESERVE SETBACKS
MINIMUM DISTANCE
BETWEEN STRUCTURES
]!IAXII\{L M I}UILI)I NG H EI(;HT
5+2qfeet
-15-tue+
5+2qfeet
]s-F€e{
MINIMUM PRESERVE AREA: O.4'1
acres
MINIMUM PRESERVE WIDTH: 20 feet
Nore: No sructures are permirted in the required, 2l-foot lake mainrenance easement,
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Page 482 of 6355
Deviation #l seeks relief from LDC Section 2.3.16. which establishes the multi-family dwelling
unit parking standards requiring this project to provide 210 parking spaces, to allow the project to
provide a maximum of 128 spaces, a reduction of82 spaces which represents a 39 percent reduction
in the parking.
IMMOKALEE SENTOR HOUSING PUD!4EL]D
PUDZ-2003-AR-4390
DEVIA'TION LIST
APRTL 28,200{
Deviation #l is approved limited to the following parking space allocation, and subject to the
conditions listed below:
No. of
Units
Parking
required for
Residents
@ 1:l ratio
Tolal
REQUIRED
Phase I l 28 :8
2 2
JJ
Phase 2 I 42
'l 2
17
Phase 3 l .13 43
1
48
Project
Totals
l 113 l l3
-)6 6
12{i
Parking Deviation Conditions:
l. Any change in unit allocation within a phase noted above will require an equivalent change in
the parking allocation; and
2. Ga.rages for individual dwelling units are prohibited; and
3. The developer must augment the buffer areas, if necessary, to provide minimum "c" widlh,
planting rype, and size buffers as thal buffer is described in rhe LDC, where rhis project abuti
a duplex or single family use. The buffer width may be reduced at the project's entrince only
to the minimum amount to allow safe access that will align with Santa-Roia Avenue. wherl
the adjacent use is a street, church or cemetery, a Type "B" must be provided, thus allocating
the area on site that would normary be occupied by parking spaces to be utirized for open spacl
areas.
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No. of
Bedrooms
Page 483 of 6355
th^n 30 feet en eenter fer all perimeer buffer areas exeept the readrvay where tFe traditienal l5
foot wiCe tr*pe "8" buffer wili be prsyidC, The effeet ef this deviat:sn $.suld primarilfbe So
pre+ide aj?e ",\" bu er rather thar a "8" buffer where a "8" buffer is required,
Der4a++en-#$s4enie+
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Page 484 of 6355
ZONED: RMF-6
USE: CEMETERY
PE'A'
BUFFER
1O' WIDE TYPE 'A'
LANDSCAPE BUFFER
t
ZONED: RMF-6
USE: CHURCH *
HI
LF
EI
_ra
I
POTENTIAL
VEHICULAR
INTERCONNECTION
1O' WIDE TYPE'A'ZONED: RMF-6
USE: RESIDENTIAL
ZONED: RSF-3
USE: RESIDENTIAL
LANDSCAPE BUFFER
l' '>. F)'.'.ivz....6 qI[.:. EL'.' 6\.i-: ,...
CF*
1O' WIDE TYPE'D'
LANDSCAPE BUFFER -INCLUDES OUTDOOR
RECREATION AND
ASSEMBLY AREA
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I-ANDSCAPF BIIFFER
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Z0NED: RSF-3
USE: RESIDENTIAL TRACT BOUNDARY
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
10'WIDE TYPE'D'
LANDSCAPE BUFFER
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ZONED: MH
USE: RESIDENTIAI,
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15' WIDE TYPE'B'
LANDSCAPE BUFFER
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ZONED: RMF-6 \ 1s'wroe Type ,s,
USE: RESIDENTIAL LANDSCAPE BUFFER --
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SCALE: 1" = 120'
@t;rartlNlinor
ClUl Englme6 . Lond SureDB . PlonNB
0 cid, lhorlid r*Elra. r \
fr0i'rso@'FordJsil9r EXHIB]T A
MASTER PLAN
RtvtstD 2/2a/2025 o4t
I
i-
IM]IOKALEE SENIOR HOUSING MPTJD
Page 485 of 6355
SITE SUMMARY
TOTAL SITE AREA: 7.99! ACRE
RESIDENTIAL (R) TRACT: 2.32r AC [29o/o)
COMMUNITY FACILITY (CF) TRACT: 5.67! AC (77o/o)
RESIDENTIAL: MAXIMUM 30 DWELLING UNITS
COMMUNITY FACILITY: MAXIMUM 5O,OOO SQUARE FEET
MAXIMUM 5,OOO SQUARE FEET,2OO SEAT CHURCH
OPEN SPACE:
REQUIRED: 300/o
PROVIDED: 300/o (WITHIN THE OVERALL PUDI
PRESERVE:
REQUIRED: 0r ACRES (0 ACRES NATIVE VEGETATION X 150/o)
PROVIDED: OT ACRES
TREE PRESERVATION:
REQUIRED: SUBIECT TO LDC 3.05.07.8
PROVIDED: SUBIECT TO LDC 3.05.07.8
NOTES
1 THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS AS PERMITTED BY THE LDC.
IMMOKALEE SENIOR HOUSINC TIPUD
@rilarlr\lirror.
Botrru tunu\ 230 srT r lrl
hdins9s,69.ir3l'3i
lind lilrftrD6 . nucr6
EXHJBIT C
MASTER PLAN NOTES
RntsLD o4/o3/2}25 Oy
Page 486 of 6355
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May t 1, 2004
Board Aclion
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Page 487 of 6355
PROPERTY DESCRIITION:
A PORTION OF THE SOUTHEAST I/4 OF TIIE SOI.ITIIX/EST I/4 OF SECTI)N 33,TOWNS}IIP 46 SOITTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, EEtrJG
MORE PI\RTICUI-AILY DESCRBED AS FOLLOWS:
EXEIBIT "B"
LEGAL DESCRP' ON
COMMENCE AT THII SOUT}IWEST CORNER OF THE NORT}IWEST
SOUTHEAST I/4 OF HE SOUTI{WEST I/4 OF SAID SECTION 33,
mom'20"W., ALONC THE WEST LINE OF THE NORTHWFST I
SOUTHEAST I/4 OF'r}IE SOUT}IWEST I/4 OFSAID
AIJO BEING T1IE CI]NTERLINE OF I ITH STREET
194.68 FEET: THENCE N. 89.50'40" E., PARALI-EL WTIIT
THE NORTT\{EST ],4 OF THE SOUTHEAST I/4 OF
SAID StrCTION 33, A DISTANCE OF 30.@ FEET TO
LINE OF SAID I ITII STREET NORTI{ AND THE
PARCEL OF T.AI\'D HEREIN DESRIBED;
ALONG LAST SAID I-INE, A DISTANCE OF THENCE NW.. PARALI.EL WIIII THE WEST LINE
SOUTIIEAST I/4 OF'THE SOUT}IWEST 33, A
OF 460.4: FEET: TIII NCE N. 89"50',t0" 8", A
WEST LINE OF TI{E EAST I 63 TI{E
SOUTHEAST I/4 OF HE
m'01 0C'" E.. ALONC SAID
SOUTH I,L\IE OF THI] NOR
SOUTH\&'EST I,/4 OF SAID
I.INE, A DIST
UNE
WAY
OI: THE
.24 FEET TO ']1{E
T I/4 OF THE OF THE
33; THENCE S. 89'5 W.. ALONG SAID
.2I FEET TO I-INE OF THE
T i/4 0F T I/4 OF TIIE
THENCE 8., ALONG S AIDS OIjT}IWEST I S
WEST LINE, A DISI 333
NORTHWEST I/4 OF
so ol:
SOUTH I-INE, A DtS
NORTHVr'EST I/4 s
SOUIH LINE OF THE
SOUT}IEAST I/4 OF THE
ON 33; THENCE S. 89"54'32'w., ALONG SAID
:.ANCE 26 FEET TO T}IE EAST RIG}IT-OF.WA Y
STREET N. m.00'20" w., ALONG S.\ID
.A Y LINE, A OF 528.23 FEET TO THE POIIT'OF
933 S
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SAID
I(JHT
22
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OF
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TIIE
s.
FEET OR 7,44 ACRES, MORE OR LESS.
Page 488 of 6355
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Page 490 of 6355
TH|S AGREEMENT is made as of lhe _ day of =..-, 2004, by and
between United Church Homes (the ,,Developer") and the Collier County Board of
County Commissioners (the',Commission"), collectively, the "parties."
RECITALS:
A. The Developer has under purchase an option lo
real property described as (cornplete legal descriplion)
See
Collier County, Ftorida (The ,.property,,)legal
H Allen Fish It is the Developer's
rs include
ct a max L!9 residentiat
roperly. The gross
Units constructed by
e total number of residential
a of
units (the "Unils") ai a density of lO un
acreage of Property is Zly! acre n
Developer shall be l'l g , rep ng 100
Units in the development
B. ln order to the
from lhe Commis
Housing Dens
Land
the ona
a bility of sa
e loper must obtain a density bonus
r the rty as for in the Collier County Affordable
inance , now codified by Ordinance 93_89, g 3, as
7., which density bonus can only be granted by
by developer in accordance with the strict limitations
eCo mmission is willing lo grant a density bonus to the Developer
uthorizing th ion of s9.52 affordable bonus Units on the property, if the
to construct affordable Unils as specified in this Agreement and the
Deve covenants and agrees to use the affordable units only as rental property.
, THEREFORE, in consideration of the approval and granting of the
affordable housing density bonus of g units per acre requested by the Developer and
the benefils confened thereby on the property, and for other good and valuable
consideration, the receipl and sufriciency of which are hereby acknowledged, tha
Developer and th€ Commi8sion horoby covonant and agree as follows;
U
itable
-t-
Page 491 of 6355
l. Recitals The above Recitals are true and conect and are incorporaled
herein by reference.
2 Deveroper Agreements. The Deveroper hereby agrees that it shal
construct .119 affordable Units which Units shall b€ rented in accordance with the
lerms and conditions of lhis Agreement and as speciried by the attached Appendix A,
Exhibits A, B, and C, which Appendix is incorporated by rerere
constitutes a part of this Agreement.
The toltowing provisions shall be appticabb fo the
erein and
(1) Defined terms: ln the event of a conflict be
LOC or in Ordinance No. 90-89, Section 4, the
applying or interpreting this Agreement. ln add
applicability of LDC g 2.7.7.4.5., "phasing,,(a)
buildings or struclures in separate and d
subdivision master plan or site
rn
of th will when
and the
ction of
as shown UD master plan,
a
construction is not depicted
development plan, the const
of starts and finishes that
(2) Base Re
accordance with
rent may be
does n
pe
Naples
sha ll
where phased
on ma subd ion master plan or site
ru res in a clearly defined series
and disti lhe development
for the affordable Units shall be in
Appendix A, Exhibit A. The monthly
n
n the attached
year date of this Agreemenl as long as the rent
of 30 percent of an amounl which represents 50
e). and 60 percent (for low income) of the then applicable
usted gross I income for the household as published annually by the
of Housing and Urban Development for the area delined a s the
Statistical Area (MSA). The foregoing notwithstanding, any rent
for an affordable housing unit rented to a low income or very low income family
90 percent of the rent charged for a comparable market rate dweflinq
me or similar development.
(3) Median rncome. For the purposes of this Agreement, the median income
of lhe erea as defined by lhe U.S, Departmenl of Housing and Urban Development
(HUD) shall bo th6 then current median incoma for the Naplos Melropotitan Stafistical
Area, estabrished periodicaly by HUD and pubrished in the F.derar Register, as
adjusted for family size as shown on the tablas attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adiusled ftom timo to time in accordance wilh any adjustments
that are authorized by HUD or any successor agency. ln the event that HUD ceases to
o
L*
2
of buildings or
Page 492 of 6355
publish an established median income as aforesaid, the Parties hereto shall mutually
agree lo another reasonable and comparable method of computing adiustments in
median income.
(4) Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification
of family housing unit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low
accordance with this Section.
The Developer shall be responsible for qualirying
)in
applicalions from tenanls, verifying income and obtaining i
affordable units in the subject development. Alt ,fo rms other
documentation required by this Agreement shall be UrbanUa
lmprovement Director. Qualification by the
family shall be subject to review and a lin
enforcement program created and
2.7 .7 .5. and 2.7.7.6., respectively.
of any asa ble tenant
monitoring and
incorne family for the purpose of
lunil pursuant to the affordable
ad mission in LDC SS
(a) Application. A p al tenant sha to the developer, owner,
manager, or agent to q
renting and occupying
as or very
an
housing density rog ra Preliminary Application for Affordable Housing
Unit shall be the H Urban lmprovement Director as shown in
Append E this Agreement and incorporaled by reference
he
and Cerlification. No affordable housing Unit in the
be jenled to a tenant whose household income has not been verified
and certilied rdance with this Agreement and Ordinance No. 90_99, as
, as a low or very low incom€ family. Tenant income verirication and
shall be repeated annually to assure continued eligibility
(c) lncome Verificstion. The Developer shall obtain written verirication from
th6 potentlal occupant (including lhe entir€ household) to verify all regular sources of
income (including the entira household). The most rocent yea/s federal income tax
return for the potential occupants (including the antire household) may be used for tha
purposa of income verification, if attached lo thB Affordable Housing Applicanl lncome
verification form, which includes a statement to rerease information, tenant verification
of the return, and a signature block with the date of application. The verilication shall be
valid for up to ninoty (90) days prior to occupancy. Upon expiration of the 90 day period,
b
oY
lncome
or very
-3-
Page 493 of 6355
the informarion 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 lime, a new verilication form must be compleled. The Affordable Housing
Applicant lncome Veritication form shall be provided by the Housing and Urban
lmprovement Oirector as shown in Appendix B, Exhibit B, attached to lhis Agreemeni
and incorporated by reference herein-
(d) lncome Certilication. Upon receipt of the preliminary tion for
Affordable Housing Unit and Affordable Housing App licant lncome Verification , the
Developer shall require than an income certification fom be
tenant (including the entire household) prior to rental and
housing unit by the tenant. lncome certification shall that potent nt
has a low or very low household income which q u p as an
eligible family to rent and occupy an afford affordable
housing density bonus program. The Affo Ho Applica Certification
form shall be provided by the Hous irector as shown in
Appendix B, Exhibit C, attached Ag and i rporated by reference
herein
(e) Rental Ag t.A um,ntal agreement shall include the
following:
(D
(iD
hone number of the head of household and all
unit be rented:
(i
the use
monitoring enforcement provisions, includlng disqualification of
nanl; and
R n of tiles containing required documenlation to verify
in accordance with this Agreement and Ordinance No.go-gg. as amended,
may be ucted by the Housing and Urban lmprovement Direclor
(5) Disqualification of Tenant. ln the event that tenant qualirication is not
subsequently conllrmed by lhe Housing and Urban lmprovement Director or his
designe€, then such tenant shall be required lo vacate lhe affordable unit. lf tenant
vacation ot the affordabla unil is ths resull of an enor, omission or misrepresenlation
made by Devetoper, tenant shall yacate the affordabte unit within thirty (30) days and
Develop€r shall pay p€nalties as providad by the monitoring and enforcement program.
lf tenant vacation of the affordabre unir is the r€surt of a misrepresentation made by the
t6nant, tenant shall vacate the affordabl€ unit wilhin l5 days and shall pay penatties as
4 o(i
rights and obligations of the parties.
Page 494 of 6355
provided by the monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban lmprovement Oirector an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of their
conslruclion, rental and occupancy. The annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to
Ordinance No. 90-89 or subsequent amendments thereto. The
or betore September 30 ot each year and the report shall
Oeveloper to the Housing and Urban lmprovemenl Dire ure mplete
submit the monitoring report to the Housing and Urba nt Di
insure co nce with
report shall
p tn
sixty (60) days from the due date shall result in a 50.00)
(30)
lin more lha such exlension
may be granted in a single year
(7) Occupancy Restrict Unit i any building or structure
on the Property shall be the Developer,rson related to or afflliated
with the
3
Developer, or by de
Density Bon
the base res
density s
UN a
uired
of
hereby acknowledges that the
to qualify for a density bonus, in addition lo
is therefore granted a affordable housing
units per acre, for a total (total = density bonus
e) of 59.52 density bonus units, pursuant to CollierXg
rdable Hou Density Eonus Ordinance No. 90-99. The Commission
rag at the Developer may construct thereon , in the aggregate a maximum
units on the Property provided the Developer is able to secure
(s) from Collier County
Commission Agreement. During the lerm of this Agreement, the
acting through th6 HoGing and Urban lmprovement Oeparlment or its
on
per day unless a written eiension not to
expiration of the sixty (60) day submission
prior to
Developer has
number of
succ€ssor(s) covenanls and agreas to prepare and make available lo the Developer
any general information that it possasses ragarding income limitations and rastrictions
which are applicsble to the affordable Unit.
otr-5-
Page 495 of 6355
5. Violations and Enforc€ment
a. Violations. lt shall be a violation of this Agreement and the Co ier
County Affordable Housing Density Eonus Ordinance to rent, sell or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any
information
by any oth
Ordinance.
required or requested by the Housing and Urban lmprove me recto
maintai
ror
theer persons pursuant to the authority which is delegated lo th
Collier County or its designee shall have ful entorce of
this Agreement. The method of enforcement for a b ment
shall be at the oplion of the Commission by nal nt nt to the
provisions of Section 125.69, Florida S
law.
,or civil en as allowed by
b. Notice of nt Board Proceedings
Vvhenever ii is determined that is a violation Agreemenl that should be
enforced before the C Board,a Notice of Violalion shall be
enl Director by certified return-issued and sent by the H and
receipt req l, or to the person or developer in violation of
the Ordina of be in writing. shall be signed and dated by
the Hou Director or such other County personnel as may
be by rd of County Commissioners, shall spec ify the violation or
of th reement or of Ordinance No. 90-89 or subsequent
ndm
and date and ti n lhe violator shall appear before the Code Enforcement Board
as amended, at lhe option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any tuture planned or otheMise
approved unit located or to be located upon the proporty until the entire proiect is in full
compliance with this Agreement and \xith Ordinance No. 90-99, as amended.
6. Assignmenl by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other pubric agsncy having .iurisdiction over
the Property provided that il gives the Developer thirty (30) days advance written notice
thareof. The Dev.roper may not assign, deregat. or otherwisa transfer a[ or part of its
Y.o6c
violated, name of the Housing and Urban Oevelopment Director,
c. Cerlificate of Occupancy. ln the event that the Developer lails to
affordable units in accordance with lhis Agreement or with Ordinance No.
Page 496 of 6355
duties, obligations, or promises under this Agreement to any successor in interest to lhe
Property wilhout the expless written consent of the Commission, r /hich consent may be
withheld for any reason whatsoever. Any aflempl to assign the duties, obligations, or
promises under this Agreement to any successor in inlerest to the property without the
express written consenl of the commission as required by lhis section shall be void ab
inilio.
7. Severability. lf any section, phrase, sentence or portion of
is for any reason held invalid or unconstitutional by any court of competent j
such portion shall be deemed a separate, distinct, and indepen
other provisions shall remain effective and binding on the pa
8. Notice. Any notices desired or required to er thi
shall be in writing and shall either be personally nt y mail,
postage prepaid, to the parties at the following ses:
To the Commission: Collier nty ncial Admi & Housing
Dept.
Ho
Flo 04
To the Developer:okalee Senior srng,Ltd
E.C
, Ohio 1-1806
Any parly may add which notices are to be sent by notifying the other
party of such in the forth above
I parties hereto acknowledge that the Director of
Coll and Urban lmprovement or his designee, shall have the
monitor the Developer's obligations hereunder
'10 nify. The Developer hereby agrees to protect, defend, indemnii/
and hold Co nty and its officers, employees, and agents harmless from and
ny
tees,tng,without limitation, reasonable attomey's fees and all costs of litigation
arising out of any claim, wiltful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
'11. Covenants. The Developar agrees that all of its obligations hereunder
shallconstitute covenants, restrictons, and conditions which sharr run \,virh the rand and
shall be binding upon the property and against every person then having any
ownerahip intaresl at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the parties agree lhat if Developer
nl
2
7
add
all claims, penalties, damages, losses and expenses, professional
-F,o
Page 497 of 6355
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking lo enforce the terms hereof shall
look solely to Develope,'s successor in anterest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at Developer,s expense in
lhe official records of Collier County, Florida.
'13. Entire Agreement. The parties herelo agree that this Agreement
constitutes the entire Agreemenl between the parties hereto a
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall
and be maintained as the type of affordable housing rental u or low i
designated in accordance with this Agreement for at (15) ye the
date of issuance of a Certificate of Occupancy for n s)this
Agreement may terminate upon a date mutually upon pa and stated
in writing.
15 Modification. This nded only by the
written agreement of both parties
16. Discriminalion
nd shall in to and be
ent
rees neither it nor its agents shall
discriminate against any te because of said tenants race, color,
religion,
affordab
sex. nati us, or handicap
the r adve ses, rents, sells or maintains the
ise, rent, sell, and maintain the same in a non-
di mann shall make available any relevant information lo any person
IS r purchasing such affordable housing unit
The Developer agrees to be responsible for payment of any real
estate com and fees assessed in the rental or purchase of affordable unils
seg
e. The affordable housing units shall be intermixed with, and not
from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordabte
housing units sharr be the same as market rate dweling units in the deveropment. A
physical amenities in th6 dwelling units, as described in item number seven (7) of the
Developer Application for Affordabre HoGing Density Bonus shafl be the same for
market rate units and aflordabre units. For dev.ropments where construcrion takes
place in more than ona phasa, a[ physicar amenities as described in item number
soven (7) of the Developer Application for Affordable Housing Density Bonus shall be
ths same in both the market rale units and the affordabb units in each phase. Units in
a. The
8
tn
cFo
Page 498 of 6355
Developer has committed for the total development shall be maintained i ch phasen
Developer commits to -lllpercent affordable housing units for
percent of the units in each phase as built consisting of afford nits
18. Disclosure. The developet shall not pe S,an the
potential tenant, buyer or lender of lhe particular It un which
units in the developmenl are designated as housi
19. Consistency. This Agree me and thorized nt shall be
consistent with the Growth Man P ent regulations of
Collier County that ate in effecl at of sequently adopted laws
and policaes shall apply to this ent and to opment to the extent that
they are not in conflict the r, type affordable housing units and the
amount of affordable hou sity for the development.
Hou nsity Bonus Development Agreement. This
nd sepa ent from development agreements as
(1989) and as amended
23.
Governing Law. This Agreemenl shall be governed by and construed in
with the laws of the State of Florida.
Further Assuranc€s. The parties hereto shall execute and deliver, in
20.
Agreement
deflned
1. Prca n. Developer has execuled and submitted to the
Services r the Oeveloper Application for Affordable housing
itv a copy of which is attached to this Agreement as Appendix C and
rence herein
recordable form if necessary, any and all documenls, certifcates, instrumenls, and
agreements which may be reasonably required in order to effectuat€ the intent of the
Agreemenl. Such documents shall include but not be limiled to any document
requested by the Developer to exhibit that this Agreement has lerminated in
accordanc€ with the provisions of paragraph 14 above.
9
a subsequent phase may conlain different amenities than units in a Previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
and shall be constructed as part of each phase of the development on the
incorporated
cFo
Page 499 of 6355
lN WTNESS VVI-IEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year tirst above written.
ATTEST:.
DWGH$.BR
-:",.,
6bR:
Approved as to form and legal sufliciency
Patrick G
Assistant County Attorney
DEVELOPER: IMMOKALEE S H
By
Wtnesses: (PRl GN BELOW
OUNTY
BOAR COUNTY COMMISSIONERS
co cou
By:NNA FIALA, Cha.n
reasurer, UCCXIV, lnc
G I Partner of lmmokalee
or Housing, LTD Contract Purchaser
c
.J
Iffr,
ing Agreement Authorizing Afiordable Housing Density Bonus And lmposing
And Reslrictions On Real Property was acknowledged before me by
WTNESS my hand and official seal this _ day ot
2004
My Commission Expires
Notary Public
- I0 -
(,tro
,';.
Page 500 of 6355
DIX A. EXH IBIT A
NUMBER OF AFTORDAB HOUSING UNITS/M qNTHI-Y BAS E RENTS
LOW TNCOME (60./0 Mr)
Efliciency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW TNCOME (50% Mt)
Efficiency
NUMBER OF UNITS
Single Multi
Family Family
E (3s% Mr)
BASE RENT
Single Mulri
Family Family
6
I Bedroom
2 Bedroom
3 Bedroom
VE
I
3
L
R LOW
Bedroom
TOTAL
( I ) Base lesidcnrial density allowed irr rhis development [unitVacre.(2) Gross acrcage 7.44
(3) Maximum number ofaffordable housing density bonus unirs allowed in this
dcvelopment pursuant to Sectio[ 7 Ordinance 90-99. g units/acrcs.(4) C.oss residcntial dersity ofthis dcvclopmenr (including affordable housing densitybonus units) l5 units/acre,
(5) Percentage ofaffordable units pledged by lhe developer (as a percerr ofrhe roral
oumber unirs in the development) 100 %.
-u-(,ho
I
Page 501 of 6355
Secrion 7, Ordinarce No. 90-89, provides for calculation of a density bonus for
developers plcdging lo corstruct affordable units \,r'ithin thcir developruent. Illcluded in (his
Exhibit B are ilstructions for and the tables wilh which to calculate the density trcnus for a
particular project. Exhibit C contains the cunent median income and acceptable rents lbr low
and very low income households in Collier County
'fhe affordabl e housing dcnsity bonus rating system shall trc used ro di the
amount of the affordable housing density bonus which may be granred for !elo
on household incomc lL'vel, number of bedrooms per aflbrdable housing
housing units (owner-occupied or renral, single-family or mulri-ilv)
affordable housing units in the dcvelopment. To use the affordabl gde bon us tatln
system, Tables A and B, below, shall be used. lables A and B be ievie*,ed pdatcd if
necessary on an annual basis by lhe Board ofCounty Commi rs or
provided, as
sho\.!n in Table A. l-hen, referring again to T ch the number rooms proposcd
for the affordable housing unit(s). Art a rating based oo rhe
housing unit(s) proposed in the development,
(owner-occupied or rental, single-family or mult
household iocome Ievel and the oumber
After the affordable housing d
it in Tablc B, and determine the p€rc
development compared to
determination, Table B will
acre lhat may bc added lo lhe sity
acre are the maximum o rdable
Developments wi o
percentages sho
of the two pe
each addit
develo
and
Io
o
units per gross acre
type o abl uslng untts
aml here appl
a
ms
ty bonus raling determined in Table A, locale
of that rype o a e housing unit proposed in thc
tal n ol drvell nils in the development. From this
e the umn ofrcsidential dwelling unils per gross
First, choose the household income level (
Snec
low) o affordablc
onal residential dwelling units per gross
s (AHDB) available ro thar developmenl
able housing units which fall jn betrleen the
affordable housing density bonus equal the lower
pl loth ofa residential dwelling unit per gross acre for
using rental units in the devclopment. For exanrplc, a
ich o/o of residcntial dwelling units as affordable housing units,
has an affo housing density bonus raring of "four" will receive an affordablery bonus ) of 4.4 rcsidential dwelling unis per gross acre for the
Where one typ€ of affordable housing unit (based on level of income andnumber of be 'shown in Table A) is proposed for a development, the affordablc housin
nus cach typ€ shall be calculard separately in Table B. After the affordabl
I
sity bonus calculations for each type ofalfordable housing unit have been com plcted
in Table the affordable housing density bonus for each type ofunit shall be added to those forype(s) to derermine the maximum affordablc housing density bonus available for theent In no evenr shall lhe afFordable housing densiry bonus exceed eighr (g) dwclling
-12_
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSINC DENSITY AONt]S RATING SYSTEI}t
shall
CAOPage 502 of 6355
Pleasc crlculate your density bonus in thc space provided bclow. Attrch rdd
oece$try.
I paBes if
TA OU B
LEVEL
OF HOUSEHOLD
INCOIUE
LOW (OWNER-OCCUPIED OR R
SINCLE.FAMTLY OR MULTI-
FAMILY)
VERY LOW (OWNER DO
RENTAL, SINGLE.FAMI
MULTI-FAMILY)
rFor cluster
TABLE
o
in the
ABLE HOUSING DENSITY BONUS
I-I,IN
N
EFFICI
AND
R
0 L*
3
{
45
AFFORDABLE SING % OF AFFORDABLE HOUSINC TJNITS
liyo 200/. 100/" 400/"
)
3
5
7
8
I
4
5
'7
0
I
3
4
5
0
0
2
3
4
I
2
3
4
5
- ll -
CAO
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONIIS RATINC SVSTFM
MODERATE (OWNER.OCCUPIED,
SINGLE-FAMILY)
Coastal Fringe, add I density bonus to obtain 2.
Page 503 of 6355
APPENDIX A. EXHIBIT C
INCOME AND RENT LEYELS FOR T}IE LOW AND MODERATE INCOI\IE.
Pursuant to the Impac! Fee Ordinanccs, adopted by the Boad ofCounty Commissioners.
Dccember 16, 1992, moderate income is 6l % to 80% of the median income, low income is 5l7o
to 60% olthe medial income and very low income is less than 50/o of the median income.
s65,000
MEDIAN INCOME 2OOI
Naples, I\lSA (Collicr County)
NUMBER OF N'EMBERS IN FAMILY
1ltr/o
800/0
60%
50%
35Yo
25vo
.t
45,500
36,400
27,300
22;150
t5,925
l I,375
52,000
4l,600
I1,200
26,000
18,200
13,000
58,500
46,800
35,100
29.250
20,47 5
| 4,625
65,000
52,000
39,000
32,500
22;7 50
16,250
1,462
1,170
8'77
'13t
5n
365
70,200
56,150
42,100
3 5, t00
85
68,650
z!{50 1
15.
60
7,'t00
4.5 ,390
50 8,850 20
t,690
1,351
I ,01.1
8.15
591
422
80
64
5
.l
3
00
.150
2
I
RECOMMEN
The Florida Housing Financa
Incentire Loan (SAIL) and the Low
rents given below are based on 2001
Countv's Section 8 Rental A
Housing Aulhority
HO
MTW
U
t00%
to in the State Apanment
Rental t (LIHTC) programs. The
from FtIFC Ii sts are provided from lhe
rvhich inistered by the Collier County
SE 3O70 FAMILY INCOME
OOMTHREE BEDROOMFOUR BEDROOM
UNTT UNIT
3
|,21
975
131
609
I,8E4
I,507
t,l3l
942
659
471
26
vo
TION
N and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Goldcn Gatc 96.00 144.00 186.00 2l t.0O
YOU MUST DEDUCT UTILITTES TO CALCULATE NET RENTS.
BED
f/d.$ilybonuJinc&rcnr r!v. 4/01
- t4 -
c40
UTILITY ALLOWANCES
ONE B/R TWO B/R THRf,E BiR FOUR B/RUNIT UNIT UNIT UNIT
Page 504 of 6355
APEENDILB. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Dare Occupancy Desired: Date ofApplicalion:_ Anrt. OfSec. l)eposil:_
Your Name Race,National Origin: Handicap: Yes No
Racey'National Origin: Handicap: Ycs _ No _Co-Tenant Name
Present Address:
Street City State Zip
Name of Landlord _How Long at this A
Landlo.d's Address:
Telephone No
Street City Statc
Ifyou have resided at your present address less than 3 years, please
Zi
\'to
Street
Name of Previous Landlod
City Tel
City Telephone No
Address and Telephone
No.
How long with
Title
Cross H Every 2 Weeks $_ Monthly $
S ty Num Birth Date --
loyers Name
and
th Prcvious Employer
T:
Job Title
Employers Name
Address and Telephonc No.
How long with Present Employer:_ Job Title
Cross Salary: Hourly $_ Weekly $ Every 2 Weeks $_ Monthly $_
Social Security Numbe.Birth Date
Previous Employers Name
Address and Telephone No
co-
(
How long wirh PrcvioB Employcr _ Job Title
- 15 -
46
Street
APPLICANT:
Present Employers Name
No.
Job
Page 505 of 6355
I
7
3
NAMES OFALL WHO Wll,], OCCt'py APARTMENT BTRTH DATE SEX
^g-E
SOCtal, SECtJRtTy
PERSONAL REFERENCES rNor Rc12riv.sr
l- Name:
2. Name:
Address
Address
How Long Known:_
Horv Long Known:_
\o- t6 -
Page 506 of 6355
Dare
APP IX B. EXH IBIT B
AFFORDABLE HOUSING APPLICANT INCOMI VERIFICATION
I hcreby declare and reveal all of my sources of income.
I arn awarc that to leave out, omit or fail to repon my assets or forms of i
State Zip
$
S
paflments
llSstocks, bonds, real propeny rent, sale or ownership is a fraudulent
Knowingly falsirying informalion on this form is cause for refusal of
I hereby cenify that this will be my permanenl residence
housing.
at I have no
I understand that this information is for the f com my lncome to
d eterminc my qualification to renrbuy an affordable rng unll.hat I am not
required to surrender my ownership or rights or cl ed , pensl ital gains, etc
Co-Tenant
nl e mounl Frequency
eived Recejved of Pay
WageVSaiary
llonuses
Tips
Commissions
lnterest lncome
Trust Fund Inc
Unemploymenl
Wcllale
Food S
S
$
s
$
$
S
$
s
$
$
$
$
$
$
$
$
$
$
$
$
unty
Iy Disability
SI
y Assi
ild Support
Veterans Benefits
[its
lon
Self-ymcnt Business,
er, etc
nsura[ce Pension
TOTAL ANNUAL INCOME
$
5
$
S
$
$
$
$
$
5
THE VERIFICATION HERE REOUESTED-MAY TAKE THE FORM OF THE MOST RECENTYEAR'S INcoME TAx REI URN FoR EACH occuper,ri
.;;i;
;;,, }ILED AND WILLOCCUPY THE AFFORDABLE TJNIT.
THE SAME MUST BE EXECUTED
i.i#j';+f,ffi{pi,*.*ff tfl,.ihF'.*:f; [h,:iqTii.,u#
s
Y.--t7-
Applicant's Name:_ Social Security Number _
Co-Tenant's Name: Socisl Securily Number_
Pres€nt Addresr:
Street Ciry
I hereby male application for an apanment at
Telephone No.
from
assisted
Worliman's
$--$--
$_$_$_
$_$_$_s_
$_
$.- $_$$
$$
$$
$$
$_ $--
$$
$$
$$
$$
$$
$$$s
$$
$$$s$s
$$
$---
o
Page 507 of 6355
APPENDIX B. EXHIBTT B
AFFORDABLE HOUSING APPLTCANT INCOME VERTFTCATTON
APPLICANT:
Present Employer
Addressr
Street
(Applicanl)
on this Yerification lbrm.
STATE OF FLORIDA )
)ss
COLINTY OF COLLIER)
City Slale Zip
hereby authorize the release ofinformati
Sig pplio
The foregoing was acknowledged before by
Witness my hand and official seal lhis
EMPLOYER VE
Applicant's or Rate o.$
Number Frequency ofPay
Bonuses, Ti Compensation Received: g
S OF FLO A)
C
, 200 t.
Notary Public
$
Monthlv Annuallv
Supervisor
)ss
COLLIER)
foregoing was acknowledged before me by
Witness my hand and ofncial seal this dav of
My Commission Expircs
200t.
Nolary Public
THE VERIFICATION HERE REOUESTEDJ\4AY TAKE THE FORM OF THE MOST RECENT YEAR.S
l1?8ffi^JiJry#RN FoR EACH occupANr wxo riai" nrieo..i-Ni'"*,.1 o.cLr" ,r,u
o
o
- t8 -
Job Title:
My Commission Expires:
t.
Page 508 of 6355
APPENDIX C
DEV LO PER APPLICAT ION FOR AFFOR DABLE HOTJSIN(;l)llNsITY BONUS
Pursuant to the requirements of lhe Collier County AfFordable Housing Density Boous
Ordinance No, 90-89, Secrion 6,4, please complere this form and submit ir with any
accompanyiDg documentation to rhe Development services Director,2go0 Nonh Horseshoe
Drivq Naples, Florida 341M. A copy must also be provid
Improv€menl Dircctor.
All items rcquested must be providcd.
l. Please state what zoning districts are proposcd by thc appl
aod the acreage ofeach;
2. Has an application for rezoning been IN unction with affordable
housing Density bonus?
X Yes
ed to the Ho Urban
l
No
and if
.on
has been approved, state thelfyes, srate dare ofapplication
Ordinance number
3- Gross density ofthe
Gross
unitJacre
nl.744
Yes _ No.
acre5.
4.
a plan
Are units sought in conjurction wilh an application for
tf state name ion ofthe PUD and any other identi&ing information.
ofapplicant tl Ch Homes
Name ofland developer ifnot thc s€me Es Applicsnt: same as apolicant
N
)
C)
o
- t9 -
6. Pleasc complete the following tables Bs they apply to the prcposed dcvetopment.
TABLE I Total Number ofunits in Dcvclopmeor
Typc of OwnerUnit Retlal Occupicd
Efficiency
Page 509 of 6355
One Bedroom
Two Bedroom
l hree Bedroom
Other Bedroom
TOTAL
TABLE IT
I r3
Number ofAffordable Housin{ Units
Total Number of Proposed Use for
Affordable Units Densiry Borus Urits
o
59.52
59.52
in Development
Owncr
Rental Occupied Rental
MODERATE INCOME (80% Ml)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% Mr)
Et'fi
IB
Other
m
AL
Total Number of
Affordablc Uoils
in Development
Rental Owner
Occupied
Proposed Use for
Density Bonus
Units
Renral Owner
Occupied
VERY LOW TNCOME (50% Mt)
Efficiency
I Bedroom
2 Bedroom
I Bedroom
C20
Page 510 of 6355
Other
TOTAL
Total Number of Proposed Use for
Affordable Units
in Development
Rental Owner
Occupied
VERY-VERY LOW TNCOME (35% Mt)
Eflicicncy
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7. Plcase providc a physical of the
low, very low income) and
the square footage of each
Ovmer
Occuoied
by type of unit (moderate,
ude in your description, for example,
used throughout rhe unit (carpeting, tile,
Density Bonus
Urits
Rental
t,
vinyl flooring);provided such as washer/dryer, dishwasher,
stove,tres.a5 ceiling exhaust fans: and any other amenities as
applicab tac
contitl of and 2 tta'o-bedrcom aparrment unils in a lNro-story
AA seh,e lhe lov,-income elderly population" The unitt teill hqve
resbtonce heoting ond qh coLdilioning, Floor covcrings b'il!.onsisl of
room and bedroorns oad vinyl Jlooring in the kitchens and baths.
be mini-blinds. Thc *ikhcns in all anits $'ill include a rungq range
Therc will be ceilin? exhaust fs^, in the bothroonl, Each unit will
H'indow
a ceiling lsn lighl fixtutc. The apa mcnt building N'ill include q coin-operated
laundry Jor residenl ute. Phase 2 ond/ot .l toill be of a similar dature.
unitt qre 576 squor.leet ond beo bedrcom anitt are 7J9 squarcfeel
8. Plcasc supply any othcr infomation which would rcasonably be nesdcd to address lhis
rcqucst for an affordablc housing dcnsity bonus for this development. Attaeh additional
pagcs.
.r-2t -
Page 511 of 6355
STATE OF FLORTDA)
COUNTY OF COLTIER)
I, DWfGIIT E. BROCK, Clerk of Courts
Twentieth Judicial Circuit., Co11ie! Count
TN for the
er
Board of ty Commissioners on
ing Regu r
ea1 of the Board of
Florida, E,his 13th day
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-of f icio_. t.o Board of
County.r,ee lonexs
DC
1
certify EhaE the foregoing is a true c of :
ORD INANCE 04
Which was adopt.ed by
Ehe Llth day of tnay, ZOo4,
WITNESS my ha
CounEy Commiss of r County,
of l{ay, 2OO
--'.t
r),,By ;Ain
QQP
.,J9arl e
A
.'j I .
Page 512 of 6355
ORDINANCE NO. 04 - 29
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBERED 6933S;
BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6"
RESIDENTIAL MUL TI-F AMIL Y ZONING DISTRICT TO
RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE
SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT
RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO
PROVIDE 59.52 AFFORDABLE HOUSING UNITS;
APPROVING AN AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT AUTHORIZING THE DEVELOPER
TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY
UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS
DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED
ON THE EAST SIDE OF 11 TH STREET NORTH, JUST
SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND
ELEMENT ARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 7.44::!: ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
r-" ,
I
WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing
Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition
number PUDZ-2003-AR-4390 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 33,
Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6"
Residential Multiple-family zoning district to "RPUD" Residential Planned Unit Development in
accordance with the Immokalee Senior Housing, Ltd. PUD Document, attached hereto as Exhibit
A" and incorporated by reference herein.
SECTION TWO:
The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended accordingly.
Page 1 of 2
Page 513 of 6355
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this lÊ day of ~, 2004,
i""";"::"'~ 0, -""
ÄJ.j.ffiíf¡:. "0 '\
q.,':,~IGHT.l'~~~, CLERK
Ii: ':;';;;~':',\
b,~~.,i,.~,',"','" L,',',-';:('~~;," ,r~~: ÇJ.ó.
J< Depuíý 01erl(/ "
ItÞ;st. JUt' ~:~
t,..... I .
01)1- ,.,
Approved as to form
nd legal sufficiency
c// ,.~h,(
I :j~/'., ( \' V\/h~1 1-
Patrick G. White' -
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:d;A"4c.
C .
Attachments:Exhibit A, PUD Document
Exhibit B, Affordable Housing Density Bonus Agreement
Page 2 of 2
Page 514 of 6355
IMMOKALEE SENIOR HOUSING
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE
SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLŒR COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
United Church Homes
170 E. Center Street
PO Box 1806
Marion, Ohio 43301-1806
PREPARED BY:
Davidson Engineering, Inc.
Rick Joudrey, PE
2154 Trade Center Way
Suite 3
Naples, FL 34109
Talon Management, Inc.
Tim Hancock, AICP
3898 Tamiami Trail North
Suite 202
Naples, FL 34103
DATE REVŒWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
6 -U'" ô(}o1
Ô"Oo'f - ~<1
Page 515 of 6355
TABLE OF CONTENTS
LIST OF EXHffiITS AND TABLE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I :
SECTION II:
SECTION III:
SECTION IV:
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
2
PAGE
3
4
5
7
11
14
Page 516 of 6355
TABLE 1:
DEVIATION LIST
EXHffiIT "A"
EXHffiIT "B"
EXHffiIT "C"
EXHffiIT "D"
LIST OF EXHIBITS AND TABLES
Development Standards
PUD Master Plan
Legal Description
Location Map
Boundary Survey
3
Page 517 of 6355
STATEMENT OF COMPLIANCE AND SHORT TITLE
The development of approximately 7.44 acres of property in Collier County, as a Residential
Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING PUD must be
in compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan as it may be amended. The residential and recreational facilities of
IMMOKALEE SENIOR HOUSING PUD will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
Residential Project
1.The subject property is within the Residential Designation, High Residential District as
identified on the Immokalee Future Land Use Map as required in Objective IT.l; of the
Immokalee Area Master Plan.
2.The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Policy 11.1.2 of the
Immokalee Area Master Plan.
3.The project development, as stipulated within this PUD document regarding increased setbacks
and buffering beyond the minimums set forth in the LDC, is compatible and complementary to
existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use
Element and Policy 11.1.3 of the Immokalee Area Master Plan.
4.Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
5.The project development will result in an efficient and economical extension of community
facilities and services as required in Objective 3 of the Future Land Use Element.
6.The projected density of 16 dwelling units per acre is in compliance with the Immokalee Area
Master Plan based on the following relationships to required criteria:
Base density:
Affordable Housing Provision:
TOTAL
8 upa (High Residential District)
8 upa (Maximum)
16 upa
SHORT TITLE
This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential
Planned Unit Development Ordinance."
4
Page 518 of 6355
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Immokalee Senior Housing Residential PUD.
1.2 LEGAL DESCRIPTION
The subject property being 7.44 acres, is described as:
A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township 46
South, Range 29 East, Collier County, Florida, being more particularly described in
Exhibit "B"
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Henry Allen Fish, 321 W
Main Street, Immokalee, FL, 34142-3930.
The subject property is under contract to purchase by Immokalee Senior Housing
L TD, 170 E. Center Street; Marion, Ohio 43301-1806, of which United Church
Homes, I for whom this PUD document was prepared by the agent, is a general
partner.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A.The project site is located in the West 1/2 of Section 33, Township 46 South,
Range 29 East. The ¡roject location is generally described as lying
immediately east of lIt Street North, South of Lake Trafford Road in
Immokalee, Florida.
B.The zoning classification of the subject property prior to the date of this
approved PUD Document was RMF-6.
1.5 PHYSICAL DESCRIPTION
The project consists of 7.44:t acres of mowed grass, scrub/upland habitat and
scattered pine trees. There are two existing homes located on the property. The
existing site is well drained and maintained and does not have any natural features
which would complicate development as proposed. Development of this project
will require the removal of existing buildings on the property.
Surface water management for the project will be designed according to South
Florida Water Management District design standards. Since the site is under the
minimum area threshold and no jurisdictional wetlands exist, surface water
management permitting should fall under Collier County jurisdiction.
s
Page 519 of 6355
Water Management for the proposed project is planned to be the dry retention type.
Elevations within the project site range from 33.2 to 34.9 feet above mean sea level.
The entire site is in Flood Zone D according to Firm Map dated June 3rd, 1986
Panel No. 1200670150 D.
The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar,
limestone substratum, complex. Soil characteristics were derived from the Soil
Survey of Collier County, Florida, issued by the U.S. Department of Agriculture
Soil Conservation Service) in March 1954.
1.6 PRO ECT DESCRIPTION
The project will be developed to serve residential needs of the elderly in the
Immokalee community. This PUD only permits the development of the subject
property to contain affordable housing apartments to serve the aging population in
the area.
6
Page 520 of 6355
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A.Regulations for development of the Immokalee Senior Housing Residential
POD shall be in accordance with the contents of this document,
RPUD-Planned Unit Development District and other applicable sections and
parts of the Collier County Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where
these regulations fail to provide developmental standards then the provisionsofthemostsimilardistrictintheCountyLandDevelopmentCodeshall
apply.
B.Except as noted in the multi-family dwelling unit limitation, the definitions of
all terms shall be the same as the definitions set forth in Collier County Land
Development Code in effect at the time of building permit application.
c.All conditions imposed and all graphic material presented depicting
restrictions for the development of Immokalee Senior Housing Residential
POD shall become part of the regulations that govern the manner in which the
POD site may be developed.
D.Unless formal deviations have been sought and approved as part of this POD,
the provisions of other land development codes remain in full force and effect
with respect to the development of the land which comprises this POD.
E.Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities.
7
Page 521 of 6355
2.5.
2.3. DESCRIPTION OF PRO ECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", PUD Master
Development Plan. There shall be 3 land use tracts, including necessary water
management facilities. The general configuration of which is also illustrated by
Exhibit "A". .
B. It is the intent of this PUD to develop affordable senior housing subject to
limitations contained this document and the Density Rating System contained in
the Collier County Growth Management Plan.
PHASE ACREAGE
1 2.09
MAXIMUM NUMBER OF UNITS
30 units, which includes one unit within the main
structure (not a separate structure) to house a
superintendent or resident manager
44 units
45 units
2
3
2.55
2.80
C. Minor modification to all tracts or other boundaries may be permitted at the
time of Preliminary Subdivision Plat or Site Development Plan approval,
subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the
Collier County Land Development Code.(text removed)
D. In addition to the various areas and specific items shown in Exhibit "A",
easements (utility, private, semi-public, etc.) shall be established within or along
the various Tracts as may be necessary.
2.4. DESCRIPTION OF PRO ECT DENSITY OR INTENSITY OF LAND USE
The PUD is designed to accommodate dwelling types intended to serve the senior
population of Immokalee. The use will consist of affordable rental apartments.
A maximum of 119 non-market rate multi-family residential dwelling units may be
constructed in the total project area. This is based on a gross acreage of 7.44 acres
and a maximum of 16 dwelling units per acre. A density of more than 8.0 units per
acre must be developed in accordance with an approved Affordable Housing
Density Bonus Agreement (AHDB).
RELA TED PRO ECT PLAN APPROVAL RE UIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part
of the PUD if required, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the Collier County Subdivision Code
and the platting laws of the State of Florida.
B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat if applicable may be submitted for the entire area covered by
8
Page 522 of 6355
the POD Master Plan. Any division of property and the development of the
land must be in compliance with Division 3.2 of the Collier County Land
Development Code and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code
shall apply to the development of all platted tracts, or parcels of land.
D. The development of any tract or parcel for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a POD amendment in compliancewiththeLDCPODamendmentprocedureineffectatthat. time.
E. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetualmaintenanceofcommonfacilities.
2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the POD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
9
Page 523 of 6355
SECTION III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The project shall contain up to 3 development tracts, which will allow for multi-
family dwelling units limited to senior independent living residential facilities.
3.2. MAXIMUM DWELLING UNITS
All phases combined shall not exceed 119 total dwelling units. The maximum
number of dwelling units allowed within the PUD shall be as follows:
Phase I:
Phase 2:
Phase 3:
Total:
30 Units (including a caretaker/manager unit within building)44 Units
45 Units
119 Units
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A.Principal Use:
Multi-family dwelling units-limited to only senior Independent livingresidencefacility, as that term is described below:
A facility that provides residential accommodations for senior adults who are
in good health and do not require medical or skilled nursing care. Residents
shall have individual dwelling units with living, sleeping, bathroom, and
kitchen facilities. The Independent Living Residence Facility may include a
Senior Village Community Center or Community Building, or similar
common areas such as a common dining facility, and space for the provisionofsocial, psychological, and educational programs. The facility may providehomehealthcareorothercommunity-based services for residents of the
project on an individual basis and offer meals, linen, and housekeepingservices. The Independent Living Residence Facility may provide a residence
for a superintendent or for maintenance staff, but there shall be no on-site
residence of medical or other staff.
Services to anyone other than full-time residents are prohibited as part of this
PUD.
10
Page 524 of 6355
B.Accessory Uses:
1)
2)
3)
Customary accessory uses and structures, excluding garages.
Common recreational amenities.
Maintenance facility (a garage-type door is allowable).
3.4. GENERAL DEVELOPMENT STANDARDS
A.All yard setbacks, etc. shall be measured from the project boundaries of
PUD, with the exception of the required distance between structures.
B.This project must utilize an overall architectural theme for all principal and
accessory structures.
3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
A. MINIMUM LOT AREA: 10,000 square feet
B. MINIMUM LOT WIDTH: 100 feet
C. MINIMUM PRESERVE AREA: 0.4 7 acres
D. MINIMUM PRESERVE WIDTH: 20 feet
E. MINIMUM BUILDING SETBACKS (YARDS):
1) North:
Phase 2, adjacent to single-family homes 50 feet
Phase 3, adjacent to cemetery 15 feet
2) East:
Phase 1, adjacent to mobile homes 20 feet
Phase 2, adjacent to duplex structures 20 feet
Phase 3, with preserve & duplexes 60 feet
3) South:
Phase 1, adjacent to single-family homes 20 feet
Phase 2, adjacent to mobile homes 20 feet
4) West
Phases 1 & 2-Street: 25 feet
Phase 3 50 feet
5)Distance between principal structures shall be 15 feet or one-half (1/2)
the sum of the heights of the adjacent structures whichever is greater.
Distance between principal structures and accessory structures or
between accessory structures shall be a minimum of 10 feet.
6)Minimum setback from Preserves - 25 feet
F.MINIMUM FLOOR AREA: 550 square feet per unit
G.OFF-STREET PARKING AND LOADING REOUIREMENTS
11
Page 525 of 6355
1)Off-street parking (subject of a deviation)
Independent Living Residence Facility: I space per dwelling unit
2)Off-Street Loading spaces will be provided in compliance with LDC
Section 2.3.21.3, but in no case will there be less than 1 loading space
provide per building.
H.MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood
elevation, whichever is less
3.6 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES
A. MINIMUM BUILDING SETBACKS (YARDS):
1) North:
Phase 2, adjacent to single-family homes 50 feet
Phase 3, adjacent to cemetery 15 feet
2) East:
Phase 1, adjacent to mobile homes 20 feet
Phase 2, adjacent to duplex structures 20 feet
Phase 3, with preserve & duplexes 60 feet
3) South:
Phase 1, adjacent to single-family homes 20 feet
Phase 2, adjacent to mobile homes 20 feet
4) West
Phases 1 & 2-Street: 25 feet
Phase 3 50 feet
5)Distance between accessory structures - 15 feet or one-half (1/2) the
sum of the heights of the adjacent structures whichever is greater.
6)Minimum setback from Preserves - 10 feet
B.MAXIMUM FLOOR AREA: 100 square feet per unit
c.MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood
elevation, whichever is less
12
Page 526 of 6355
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2. GENERAL
A.All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this POD. Except where
specifically noted or stated otherwise, the standards and specifications of
Division 3.2 of the Land Development Code shall apply to this project even if
the land within the POD is not to be platted. The developer, his successor
and assigns shall be responsible for the commitments outlined in this
document. Which commitments will be enforced through provisions agreed
to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions must be enforceable by lot owners
against the development its, successors, and assigns, regardless of turnover or
not to any property or homeowners' association.
B.The developer, his successor or assignee shall agree to follow the Master
Plan and the regulations of the POD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In
addition, the developer will agree to convey to any successor or assignee in
title any commitments within this agreement.
c.This project must provide a resident manager.
4.3. PUD MASTER PLAN
A.Exhibit "A," the POD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land use boundaries or speciallanduseboundariesshallnotbeconstruedtobefinalandmaybevariedat
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code amendments may be made from time to time.
B.All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
c.This project must provide a minimum of 60 percent, in the amount of no less
than 4.46 acres, of usable open space as that term is defined in the LDC, and
in compliance with LDC Section 2.6.32. Prior to development approval for
any phase of this project, a comprehensive open space table must be provided
on the site plan that demonstrates total open space requirement compliance.
13
Page 527 of 6355
4.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Development of the first Phase of the Immokalee Senior Housing POD is
expected to commence in 2004. The project may be completed as early as
2009, including all amenities and improvements shown on the POD Master
Plan.
B. This POD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the
Land Development Code. An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
4.5 TRANSPORTATION
A. Single access to the POD shall be in alignment with Santa Rosa Avenue such
that to create a two way stop control.
B. Arterial level street lights shall be provided at the point of ingress and egress.Said lighting must be in place prior to the issuance of the first permanentCertificateofOccupancy (CO).
C. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FOOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT DesignStandards, current edition, and the Manual On Uniform Traffic Control Devices
MUTCD), current edition. All other improvements shall be consistent with and
as required by the Collier county Land Development code (LDC).
D. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
E. Site-related improvements necessary for safe ingress and egress to this project,
as determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
F. Road impact fees shall be paid in accordance with Collier County Ordinance
01-13 and Division 3.15. LDC
G. All work within Collier County rights-of-way or public easements shall require
a Right-of-way Permit.
H. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247) and the LDC. Collier
County reserves the right to modify or close any median opening existing at the
time of approval of this POD which is found to be adverse to the health, safetyandwelfareofthepublic. Any such modifications shall be based on, but are not
limited to, safety, operational circulation, and roadway capacity.
14
Page 528 of 6355
1. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither will the existence of a
point of ingress, a point of egress or a median opening, nor the lack thereof,
shall be the basis for any future cause of action for damages against the County
by the developer, its successor in title, or assignee.
J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections
to adjacent developments shall be operated and maintained by an entity created
by the developer and Collier Country shall have no responsibility for
maintenance of any such facilities.
K. If any required turn lane improvement requires the use of existing County right-
of-way or easement, compensating right-of-way, shall be provided without cost
to Collier County as a consequence of such improvement.
L. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance
of the first CO.
4.6 WATER MANAGEMENT
Water management will be provided per Collier County requirements in effect at
the time of development plan submittal.
4.7 ENVIRONMENTAL
A. This PUD shall be consistent with the Environmental section of the aMP
Conservation and Coastal Management Element and the LDC at the time of
final development order approval.
B. This POD shall comply with the guidelines of the USFWS and FFWCC for
impacts to protected species. A Habitat Management Plan for those species
shall be submitted to environmental review staff for review and approval prior
to site development plan approval.
C. All conservation areas shall be designated as tracts or easements with protective
covenants. Easements shall be dedication on the plat to an appropriate entity for
ownership and maintenance and to Collier County with no responsibility for
maintenance.
D. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 10-foot setback from the boundary of any preserve.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed within the preserve areas and subsequent annual
15
Page 529 of 6355
removal of these plant (in perpetuity) shall be the responsibility of the property
owner.
F. A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, fire management, and maintenance.
G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final Site Plan/Construction Plan approval.
H. Permitted uses within preserves shall be limited to low-impact passive
recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses
will not allow the Preserve to drop below minimum required acreage.
I. Prior to the issuance of the first Certificate of Occupancy for any portion of this
property, the developer must remove all exotic plants as defined in division 3.9
from the entire PUD site, to include future development phases. Subsequent to
first phase removal, the developer must implement a maintenance program to
prevent reinvasion of the site by exotic species. This plan, which will describe
control techniques and inspection intervals, shall be filed with and subject to
approval by the community development services director in accordance with
the standards established in division 3.9. Protection of native vegetation,
according to the applicable provisions of the LDC must be implemented during
prohibited exotic vegetation removal.
J. As part of the development order submittal for the first phase of development,
the developer must identify all areas that must be created within the boundary of
the Preserve. These depictions are subject to further review and approval by
staff. Furthermore, the depictions must comply with the requirements of
Section 3.9 of the LDc.
4.8 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with or following the
construction of the principal structure except for a construction site office, which
can be constructed in compliance with temporary use allowances in the LDc.
4.9 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
4.10 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS
The following landscape buffering requirements shall apply to this project:
A. The developer must retain all existing indigenous plant material within all
buffer areas and setback areas not occupied by parking areas, as volunteered by
the agent in a March 25, 2004 letter.
16
Page 530 of 6355
B. The developer must augment the buffer areas, if necessary, to provide minimum
C" width, planting type, and size buffers as that buffer is described in the LDC,
where this project abuts a duplex or single-family use. The buffer width may be
reduced at the project's entrance only to the minimum amount to allow safe
access that will align with Santa Rosa A venue. Where the adjacent use is a
mobile home, street, church or cemetery, a type "B" must be provided.
C. Pedestrian sidewalks, bike paths, water management facilities and structures
may be allowed in landscape buffer areas, provided that the landscape buffer
areas are increased by an equivalent width.
D. Prior to site development plan approval for any portion of this site. the
developer must revise the development plan to be in compliance with the
landscape island width standards of the LDc. No deviations were sought or
approved to relax any landscape island width standards.
4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division
2.4 of the Collier County Land Development Code in effect at the time of building
permit application. The site plan provided with the POD application does not meet
landscape island width standards. No deviations from any requirements have been
approved. The development must provide a site plan for development approval that
is fully compliant with all landscape island standards.
4.12 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code provision shall be made
for the future use of building space within common areas for the purposes of
accommodating the function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that
acquire ownership of such commons areas including, but not limited to,
condominium associations, homeowners associations, or tenants associations. This
agreement shall provide for said community recreation/public building/public room
or similar common facility to be used for a polling place if determined to be
necessary by the Supervisor of Elections.
17
Page 531 of 6355
TABLE 1
DEVELOPMENT STANDARDS
RE UIREMENTS PRINCIPAL USE ACCESSORY USE
N/AMINIMUMLOTAREA
MINIMUM LOT WIDTH
FLOOR AREA
MINIMUM BUILDING SETBACKS (YARDS)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
West
Phases 1 & 2-Street:
Phase 3
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE
BETWEEN STRUCTURES
MAXIMUM BUILDING HEIGHT
MINIMUM PRESERVE AREA:0.47 acres
MINIMUM PRESERVE WIDTH:20 feet
10,000 square feet
100 feet
550 sq. ft. per unit
MINIMUM
50 feet
15 feet
20 feet
20 feet
60 feet
20 feet
20 feet
25 feet
50 feet
25 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
35 feet or a maximum
of 2 stories above
minimum base flood ele-
vation, whichever is less
N/A
100 sq. ft. per unit
MAXIMUM
50 feet
15 feet
20 feet
20 feet
60 feet
20 feet
20 feet
25 feet
50 feet
10 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
25 feet or a maximum
of 1 story above mini-
mum base flood elevation,
whichever is less
Notes: No structures are permitted in the required. 20-foot lake maintenance easement
18
Page 532 of 6355
IMMOKALEE SENIOR HOUSING PUD
PUD Z- 2003- AR -4390
DEVIA TION LIST
APRIL 28, 2004
Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi-family dwellingunitparkingstandardsrequiringthisprojecttoprovide210parkingspaces, to allow the project to
provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 39 percent reduction
in the parking.
Deviation #1 is approved limited to the following parking space allocation, and subject to the
conditions listed below:
No. of
Bedrooms
No. of
Units
Parking
required for
Residents
@1:1ratio
Total
REQUIRED
Parking Deviation Conditions:
1. Any change in unit allocation within a phase noted above will require an equivalent changeintheparkingallocation; and
2. Garages for individual dwelling units are prohibited; and
3. The developer must augment the buffer areas, if necessary, to provide minimum "C" width,
planting type, and size buffers as that buffer is described in the LDC, where this project
abuts a duplex or single family use. The buffer width may be reduced at the project's
entrance only to the minimum amount to allow safe access that will align with Santa Rosa
Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be
provided, thus allocating the area on site that would normally be occupied by parking spaces
to be utilized for open space areas. .
Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot
wide type "B" buffer. to allow a 15 foot wide buffer area that will contain trees spaced no more
than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15
19
Page 533 of 6355
foot wide type "0" buffer will be provided. The effect of this deviation would primarily be to
provide a type "A" buffer rather than a "B" buffer where a "B" buffer is required.
Deviation #2 is denied.
20
Page 534 of 6355
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EXHIBIT "B"
LEGAL DESCRIPTION
PROPERTY DESCRII'TION:
A PORTION Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SECI'ION 33,
TOWNSHIP 46 SOlrrH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 OF SAID SECI'JON 33, THENCE N,
00°00'20" W" ALONC THE WEST LINE Of THE NORTIlWEST 1/4 OF THE .
SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SAID SECTION 33, (SAID LJNE
ALSO BEING THE CENTERLINE OF 11TH STREET NORTH), A DISTANCE OF
194.68 FEET; THENCE N. 89°50'40" E., PARALLEL WITH THE NORTH LINE Of
THE NORTHWEST 1/4 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of
SAID SECTION 33, A DISTANCE Of 30.00 FEET TO THE EAST RIGHT-OF- WAY
LINE OF SAID 11 TH STREET NORTH AND THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESRIBED; THENCE CONTINUE N. 89°50'40" E.,
ALONG LAST SAID LINE, A DISTANCE Of 178.71 FEET; THENCE N, 000~)'20"
W" PARALLEL WITH THE WEST LINE Of THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 Of SAID SECTION 33, A DISTANCE
Of 460.42 fEET; THE NCE N. 89°50'40" E., A DISTANCE Of 288.59 FEET TO THE
WEST LINE OF THE EAST 163 FEET OF THE NORTIlWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUmWEST 1/4 OF SAID SECTION 33; THENCE S.
00°0 )'00" E., ALONG SAID WEST LINE, A DISTANCE Of 655.24 FEET TO llIE
soum LINE OF THE NORTHWEST 1/4 Of THE SOUTIIEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°51'40" W.. ALONG 5AID
soum LINE, A DIS~'ANCE Of 167,21 FEETTOTIIE WEST LINE OF THE
NORTHWEST 1/4 OF mE SOU'TIlWEST 1/4 OF mE SOUTHEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S, 00°00'45" E., ALONG 5 AID
WEST LINE, A DISTANCE Of 333,80 FEET TO mE SOUTII LINE OF THE
NORTHWEST 1/4 OF THE soumWEST 1/4 OF THE SOUTHEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°54'32" W., ALONG 5AID
SOUTH LINE, A DIS~~ANCE OF 300.26 FEET TO THE EAST RIGHT-Of-WAY
LINE OF SAID 11TH STREET NORTH; THENCE N. 000()()'20" W., ALONG SAID
EAST RIGHT-Of-WAY LINE, A DISTANCE OF 528.23 FEET TO THE POINT OF
BEGINNJNG.
CONT AD'lING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS,
22
Page 536 of 6355
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24 Page 538 of 6355
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of 2004, by and
between United Church Homes (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer has under purchase an option to purchase contract a tract of
real property described as (complete legal description)
See attached leQal description
Collier County, Florida (The "Property"). The legal and equitable owners include
Henry Allen Fish. It is the Developer's intent to construct a maximum of 119 residential
units (the "Units") at a density of 16 units per gross acre on the Property. The gross
acreage of Property is 7.44 acres. The number of affordable Units constructed by
Developer shall be 119 ,representing 100 percent of the total number of residential
Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDC) § 2,7.7., 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 59.52 affordable bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement and the
Developer covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, in consideration of the approval and granting of the
affordable housing density bonus of 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:
I -
Page 539 of 6355
1.Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2.Developer Agreements. The Developer hereby agrees that it shall
construct 119 affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, B, and C, which Appendix is incorporated by reference herein and
constitutes a part of this Agreement.
a,The following provisions shall be applicable to the affordable Units:
Defined terms: In the event of a conflict between terms as defined in the1 )
LDC or in Ordinance No, 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
2) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be increased each year from the date of this Agreement as long as the rent
does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then applicable
median adjusted gross annual income for the household as published annually by the
U.S. Department of Housing and Urban Development for the area defined as the
Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
2-
Page 540 of 6355
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.
4)Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification
of family housing unit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section,
The Developer shall be responsible for qualifying tenants by accepting
applications from tenants, 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 the Housing and Urban
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LDC §§
2.7.7.5. and 2.7.7,6., respectively.
a) Application.A potential tenant shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable
housing density bonus program. The Preliminary Application for Affordable Housing
Unit shall be provided by the Housing and Urban Improvement Director as shown in
Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference
herein.
b) Income Verification and Certification. No affordable housing Unit in the
development shall be rented to a tenant whose household income has not been verified
and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a low or very low income family. Tenant income verification and
certification shall be repeated annually to assure continued eligibility.
c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information, tenant verification
of the return, and a signature block with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period,
3 -
Page 541 of 6355
the information may be verbally updated from the original sources for an additional 30
days, provided it has been documented by the person preparing the original verification.
After this time, a new verification form must be completed. The Affordable Housing
Applicant Income Verification form shall be provided by the Housing and Urban
Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement
and incorporated by reference herein,
d)Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification f<;>rm, the
Developer shall require than an income certification form be executed by the potential
tenant (including the entire household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant
has a low or very low household income which qualifies the potential occupant as an
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit C, attached to this Agreement and incorporated by reference
herein.
e) Rental Agreement. At a minimum, the rental agreement shall include the
following:
name, address, and telephone number of the head of household and all
other occupants;
a description of the unit to be rented;
the term of the lease;
the rental amount;
the use of the premises;
monitoring and enforcement provisions, including disqualification of
tenant; and
vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
i)
ii)
iii)
iv)
v)
vi)
may be conducted by the Housing and Urban Improvement Director.
5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing and Urban Improvement Director or his
designee, then such tenant shall be required to vacate the affordable unit. If tenant
vacation of the affordable unit is the result of an error, omission or misrepresentation
made by Developer, tenant shall vacate the affordable unit within thirty (30) days and
Developer shall pay penalties as provided by the monitoring and enforcement program.
If tenant vacation of the affordable unit is the result of a misrepresentation made by the
tenant. tenant shall vacate the affordable unit within 15 days and shall pay penalties as
4 -
Page 542 of 6355
provided by the monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement between Developer and tenant.
6) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of their
construction, rental and occupancy. The annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto, The report shall be, filed on
or before September 30 of each year and the report shall be submitted by the
Developer to the Housing and Urban Improvement Director. Failure to complete and
submit the monitoring report to the Housing and Urban Improvement Director within
sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00)
per day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
7)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 8 and is therefore granted a affordable housing
density bonus of ~ density bonus units per acre, for a total (total = density bonus
units per acre X gross acreage) of 59.52 density bonus units, pursuant to Collier
County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission
further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 119 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 Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5-
Page 543 of 6355
5. Violations and Enforcement
a.Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the Housing and Urban Improvement Director or
by any other persons pursuant to the authority which is delegated to them. by the
Ordinance,
Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by
law.
b.Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement that should be
enforced before the Code Enforcement Board, then a Notice of Violation shall be
issued and sent by the Housing and Urban Improvement Director by certified return-
receipt requested U,S. Mail, or hand-delivery to the person or developer in violation of
the Ordinance, The Notice of Violation shall be in writing, shall be signed and dated by
the Housing and Urban Improvement Director or such other County personnel as may
be authorized by the Board of County Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board,
c.Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or with Ordinance No.
90-89, 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 Ordinance No. 90-89, as amended.
6.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
6 -
Page 544 of 6355
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7,Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent juri$diction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the parties.
8.Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the parties at the following addresses:
To the Commission: Collier County Financial Administration & Housing
Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer:Immokalee Senior Housing, Ltd.
170 E. Center Street
Marion, Ohio 43301-1806
Any party may change the address to which notices are to be sent by notifying the other
party of such new address in the manner set forth above.
9.Authority to Monitor. The parties hereto acknowledge that the Director of
Collier County Housing and Urban Improvement or his designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10.Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11.Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the parties agree that if Developer
7 -
Page 545 of 6355
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations,
12.Recording. This Agreement shall be recorded at Developer's expense in
the official records of Collier County, Florida.
13,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.
14.Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the type of affordable housing rental unit (low or very low income)
designated in accordance with this Agreement for at least fifteen (15) years from the
date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this
Agreement may terminate upon a date mutually agreed upon by the parties and stated
in writing,
15.Modification. This Agreement shall be modified or amended only by the
written agreement of both parties.
16.Discrimination.
a.The Developer agrees that neither it nor its agents shall
discriminate against any tenant or potential tenant because of said tenants race, color,
religion, sex, national origin, familial status, or handicap.
b.When the Developer advertises, rents, sells or maintains the
affordable housing unit, it must advertise, rent, sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in renting or purchasing such affordable housing unit.
c.The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the rental or purchase of affordable units.
e.The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f.The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for
market rate units and affordable units. For developments where construction takes
place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in
8 -
Page 546 of 6355
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17.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 100 percent affordable housing units for this project, with 100
percent of the units in each phase as built consisting of affordable units.
18.Disclosure. The developer shall not disclose to persons, other than the
potential tenant, buyer or lender of the particular affordable housing unit or units, which
units in the development are designated as affordable housing units,
19.Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20,Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from development agreements as
defined by Chapter 163.3220, Fla. Stat. (1989) and as amended.
21,Preapplication.Developer has executed and submitted to the
Development Services Director the Developer Application for Affordable housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22.Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23.Further Assurances. The parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
9 -
Page 547 of 6355
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
A TTEST:.;,\'i.;~ . D'~j,~ \I(,~"
DWIG~T',E.' BRÔCf(;. ~r~
0, .' -. t" ,./"
i~(;!:
eLl.'G,BOARD F COUNTY COMMISSIONERS
COl COUNTY, FlþRI.QA
cØ.d
By: DONNA FIALA, Chairman
z;J:""J:
þ ".:. .. '" - .,' ,"J ;.1-<" ,1 i ,I '. -I'. -'" .
Att~jt. 46 ~tið~,Ci\.frilàn' s
1__,.-tJ~,.'" .
Approved as to form and legal sufficiency:
i~
Assistant County Attorney
DEVELOPER:IMMOKAlEE SENIOR HOUSING, lTD.
By: Cheryl L. Wickersham
Asst. Sec/Treasurer, UCCXIV, Inc.
General Partner of Immokalee
Senior Housing, l TO Contract Purchaser
Witnesses: (PRINT AND SIGN NAMES BELOW)
STATE OF
COUNTY OF
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
WITNESS my hand and official seal this day of
2004,
Notary Public
My Commission Expires:
10-
Page 548 of 6355
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME (60% MI)
Efficiency
1 Bedroom 113 400
2 Bedroom 6 400
3 Bedroom
4 Bedroom
TOTAL 119
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME (35% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
1) Base residential density allowed in this development~units/acre.
2) Gross acreage 7.44
3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 8 ' units/acres.
4) Gross residential density of this development (including affordable housing density
bonus units) 16 units/acre.
5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 549 of 6355
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for
developers pledging to construct affordable units within their development. Included in this
Exhibit B are instructions for and the tables with which to calculate the density bonus for a
particular project. Exhibit C contains the current median income and acceptable rents for low
and very low income households in Collier County.
The affordable housing density bonus rating system shall be used to determine the
amount of the affordable housing density bonus which may be granted for a development based
on household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unites) proposed in the development, and the type of affordable housing units
owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed
for the affordable housing unites). An affordable housing density bonus rating based on the
household income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate
it in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the
percentages shown on Table B shall receive an affordable housing density bonus equal the lower
of the two percentages it lies between plus III Oth of a residential dwelling unit per gross acre for
each additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units,
and which has an affordable housing density bonus rating of "four" will receive an affordable
housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the
development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable
housing density bonus calculations for each type of affordable housing unit have been completed
in Table B, the affordable housing density bonus for each type of unit shall be added to those for
the other type(s) to detennine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
12 -
Page 550 of 6355
APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary .
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMSIUNIT
EFFICIENCY
AND 1
2 3 OR
MORE
MODERATE (OWNER-OCCUPIED, 0 1* 1*
SINGLE-F AMIL Y)
LOW (OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE-F AMIL Y OR MUL TI-
FAMIL Y)
VERY LOW (OWNER OCCUPIED OR
RENT AL, SINGLE-F AMIL Y OR
MUL TI-F AMIL Y) 3 4 5
For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
ADDITIONAL AVAILABLE IDYE!JJNG UN~ROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
13 -
Page 551 of 6355
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 %
to 60% of the median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2001
65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 ~ ~ 1 ~ 2 1 ~
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35, I 00 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFc. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% F AMIL Y INCOME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM
UNIT UNIT UNIT UNIT
100%
80%
60%
50%
35%
25%
1,218
975
731
609
426
304
1 ,462 1,690 1,884
1,170 1,351 1,507
877 1,014 1,131
731 845 942
511 591 659
365 422 471
UTILITY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
UNIT UNIT UNIT UNITLOCATION
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd,67.00 106.00 148.00 173,00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
f/densitybonus/inc&rent rev, 4/01
14 -
Page 552 of 6355
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application:Amt. Of Sec. Deposit:
Co-Tenant Name
Present Address:
RacelNational Origin: Handicap: Yes - No-
RacelNational Origin: Handicap: Yes - No-
Street City State Zip Telephone No.
How Long at this Address:Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
Name of Previous Landlord
City State Zip Telephone No.
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone
No.
How long with Present Employer:
Title
Job
Gross Salary: Hourly $
Social Security Number
Weekly $Every 2 Weeks $
Birth Date ---Monthly $
Previous Employers Name
Address and Telephone
No.
How long with Previous Employer Job Title
CQ- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $ Weekly $
Social Security Number
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
15 -
Page 553 of 6355
NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name:
2. Name:
Address:
Address:
SOCIAL
SECURITY
How Long Known:
How Long Known:
16 -
Page 554 of 6355
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:Social Security Number
Social Security NumberCo-Tenant's Name: :
Present Address:
Street City
I hereby make application for an apartment 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.
State Zip Telephone No.
Apartments.
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 rent/buy an affordable housing unit. I understand that I am not
required to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Tenant
Amount Frequency Amount Frequency
Received of Pay Recei ved of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUpy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
17 -
Page 555 of 6355
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street City State Zip
I,hereby authorize the release of information requested
Applicant)
on this verification form.
STATE OF FLORIDA)
ss
COUNTY OF COLLIER)
Signature of Applicant
The foregoing was acknowledged before me by
Witness my hand and official seal this day of 2001.
My Commission Expires:
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly Annually
Supervisor
STATE OF FLORIDA)
ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this day of 2001.
My Commission Expires:
Notary Public
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE
AFFORDABLE UNIT.
18 -
Page 556 of 6355
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the requirements of the Collier County Affordable Housing Density Bonus
Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any
accompanying documentation to the Development Services Director, 2800 North Horseshoe
Drive, Naples, Florida 34104.A copy must also be provided to the Housing and Urban
Improvement Director.
All items requested must be provided.
1.Please state what zoning districts are proposed by the applicant, if any, on the property
and the acreage of each;
PUD - 7.44 Acres
2.Has an application for rezoning been requested in conjunction with the affordable
housing Density bonus?
x Yes No
If yes, state date of application 6-30-03 and if the request has been approved, state the
Ordinance number
3.Gross density of the proposed development.16 units/acre.
Gross acreage of the proposed development.7.44 acres.
4.Are affordable housing density bonus units sought in conjunction with an application for
a planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Immokalee Senior Housing PUD. 11 th Street North. Immokalee. FL
5.Name of applicant United Church Homes
Name ofland developer ifnot the same as Applicant:same as applicant
6.Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development
Type of
Unit Rental
Owner
Occupied
Efficiency
19 -
Page 557 of 6355
One Bedroom 113
6TwoBedroom
Three Bedroom
Other Bedroom
TOTAL 119
T ABLE II Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Owner
Rental Occupied
MODERATE INCOME (80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
1 Bedroom 113
2 Bedroom 6
3 Bedroom
Other
TOTAL 119
Total Number of
Affordable Units
in Development
Rental Owner
Occupied
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Proposed Use for
Density Bonus Units
Rental
59.52
59.52
Proposed Use for
Density Bonus
Units
Rental
Owner
Occupied
Owner
Occupied
20 -
Page 558 of 6355
Other
TOTAL
Total Number of Proposed Use for
Affordable Units
in Development
Density Bonus
Units
Rental Owner
Occupied
Rental Owner
Occupied
VERY-VERY LOW INCOME (35% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7.Please provide a physical description of the affordable units by type of unit (moderate,
low, very low income) and by number of bedrooms. Include in your description, for example,
the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile,
vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher,
stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as
applicable. Attach additional pages.
Phase I will consist of 28 one-bedroom and 2 two-bedroom apartment units in a two-story
elevator building. All units will serve the low-income elderly population. The units will have
through wall electric resistance heating and air conditioning. Floor coverings will consist of
carpeting in the living room and bedrooms and vinyl flooring in the kitchens and baths.
Window coverings will be mini-blinds. The kitchens in all units will include a range, range
hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will
also have a ceiling fan light fIXture. The apartment building will include a coin-operated
laundry facility for resident use. Phase 2 and/or 3 will be of a similar nature.
One bedroom units are 576 square feet and two bedroom units are 739 squarefeet.
8. Please supply any other information which would reasonably be needed to address this
request for an affordable housing density bonus for this development. Attach additional
pages.
21 -
Page 559 of 6355
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-29
Which was adopted by the Board of County Commissioners on
the 11th day of May, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of May, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-offici~,toBoard of
county.~~9,~~~~~~ersÛL~~~.'.: ':,..~~.,;-,~,~.;. f~.\ r) . C '
o..Q...-.,:.
0 --, ,
By:; ~~n-;Jt?:nnet~hn~ ~-
O~puty~ '.(ne'~ :;~ '
J\ '°, ;,::W}J~'~' .: ~i ;:o)'!' ' '."J .:o-" ::-
1~\ ~-~----
Page 560 of 6355
Growth Management Community Development Department
Zoning Division
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: Nancy Gundlach, ASLA, AICP, Planner III, Zoning Services Section
From: Austin Grubb, AICP, Planner III, Comprehensive Planning Section
Date: February 3, 2025
Subject: Immokalee Area Master Plan Consistency Review
PETITION NUMBER: PUDR-PL20240005475
PETITION NAME: Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD)
REQUEST: The petitioner requests that the Collier County Planning Commission (CCPC) consider Amending
Ordinance Number 04-29, the Immokalee Senior Housing Planned Unit Development (PUD) and amend Ordinance
Number 2004-41 as amended, the Collier County Land Development Code, by amending the appropriate zoning atlas map
or maps by changing the zoning classification of an additional 0.55 ± acres from the Residential Multi-Family Zoning
District to the Immokalee Senior Housing Mixed-use Planned Unit Development (MPUD), to rescind the affordable housing
density bonus agreement, reduce the number of residential units from 119 to 30 units, add principal uses including a 200
seat church, charitable trust uses, social service uses, and job training; to add accessory uses for church offices, and 100-
student child care; to revise the legal description and Master Plan.
LOCATION: The subject site is located at 612 and 708 N 11th Street, south of Lake Trafford Rd. and Highland
Elementary School in Immokalee in Section 33, Township 46 South, Range 29 East, Collier County, Florida. The site is
within the Immokalee Area Master Plan. The project is under the jurisdiction of the Immokalee Area Master Plan, Urban-
Mixed Use District, High Residential Subdistrict Future Land Use category and Urban Infill Redevelopment Area
COMPREHENSIVE PLANNING COMMENTS:
The Immokalee Master Plan also provides that community facilities and private educational facilities such as the proposed
church and educational facility are permitted in all Urban designated land use categories. The High Residential Subdistrict
also permits a variety of residential dwelling unit types at a base density of 8 dwelling units per acre, with a maximum of
16 dwelling units per acre when using affordable housing. The 8.25+/- acre would support a base density of 66 dwelling
units. The existing/proposed 30 dwelling units are consistent with the density of the HR land use category. The bonus
density agreement that was previously approved is no longer required and is being rescinded.
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board
of County Commissioners.
Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before
redesignating new property for urban intensity. The proposed development is an infill project and has infrastructure
available at the site. the project is within the Immokalee Urban Area and does not represent urban sprawl.
Page 561 of 6355
Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD)
Consistency Review Memo 2-3-2025
2
Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed
MPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and
site access. The PUD document contains development standards which establish building setbacks appropriate for the type
of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market
demand.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to
adhere to the development character of the County.
Immokalee Area Master Plan
As previously stated the subject site is located within the IAMP High Residential Subdistrict (HR), and an Urban Infill and
Redevelopment Overlay.
Policy 5.1.3 states that Collier County will encourage compact mixed -use development in appropriate zoning districts and
particularly in the HR and Commercial Mixed-Use designations as an innovative planning technique to create walkable
communities, reduce vehicle miles traveled, and increase energy efficiency.
CONCLUSION:
Based upon staff’s analysis, the proposed land uses are consistent with the FLUE, the IAMP and the Future Land
Use Map contained in the IAMP.
PETITION ON CITYVIEW
Page 562 of 6355
PETITION: PL20240005475
IMMOKALEE SENIOR HOUSING MPUD
January 7, 2025, Neighborhood Information Meeting (NIM)
Project information and a copy of this presentation can be found on our website:
GRADYMINOR.COM/PLANNING/
Page 563 of 6355
PROJECT TEAM:
•Friendship Baptist Church Immokalee Florida, Inc. – Applicant
•D. Wayne Arnold, AICP, Professional Planner – Q. Grady Minor and Associates, LLC
•Michael Delate, P.E., Civil Engineer – Q. Grady Minor and Associates, LLC
•Oscar Lugo, P.E., Civil Engineer – Q. Grady Minor and Associates, LLC
•Michael Facundo, Architect – Hoffman & Facundo Architects
•James M. Banks, PE, Traffic Engineer – JMB Transportation Engineering, Inc
•Marco A. Espinar, Environmental Planning/Biologist – Collier Environmental Consultants, Inc.
*Please note, all information provided is subject to change until final approval by the governing authority.
2
INTRODUCTION
Page 564 of 6355
3
ZONING AND LOCATION MAP
Page 565 of 6355
4
EXISTING FOUNDATION
AND PUBLIC SCHOOL
LOCATIONS
Page 566 of 6355
PROJECT INFORMATION
5
FUTURE LAND USE (FLU) DESIGNATION:Immokalee Area Master Plan, Urban-Mixed Use District, High Residential Subdistrict Future Land Use category
ZONING: Existing: Immokalee Senior Housing, Ltd. RPUD and RFM-6
Proposed: Immokalee Senior Housing MPUD
OVERALL PROJECT ACREAGE: 7.99+/- acres
PROPOSED REQUEST:
•Add 0.55+/- acres to the existing 7.44+/- acre
•Update the project name to “Immokalee Senior Housing MPUD”
•Rescind the affordable housing density bonus agreement
•Reduce the allowable number of residential units from 119 to 30 units
•Revise the permitted uses to allow a maximum of 30 multi-family dwelling units, one 5,000 square foot 200 seat church, with accessory 100 student childcare and 50,000 square feet of offices and classroom space in support of educational trust family services, educational trusts, educational tutoring (8299) and job training and skill training centers
Page 567 of 6355
6
EXISTING MASTER PLAN
Page 568 of 6355
7
PROPOSED MASTER PLAN
Page 569 of 6355
8
DRAFT PRELIMINARYSITE PLAN
Page 570 of 6355
9
PROPOSED PERMITTED USES
Page 571 of 6355
10
PROPOSED DEVELOPMENT STANDARDS
Page 572 of 6355
NEXT STEPS
•File resubmittal
•Hearing Notices mailed to adjacent property owners within 1 Mile of the subject property.
•Hearing sign posted on property advertising hearing dates.
•HEARING DATES:
•CCPC – TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor
BCC Chamber, Naples, FL, 34112
•BCC – TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor
BCC Chamber, Naples, FL, 34112
11Page 573 of 6355
Project information and a copy of this presentation can be found online:
WWW.GRADYMINOR.COM/PLANNING
Collier County Growth Management Department (GMD) Public Portal:
CVPORTAL.COLLIERCOUNTYFL.GOV/CITYVIEWWeb
Petition Number: PL20240005475
CONTACTS:
•Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144
•Collier County Staff: Nancy Gundlach; nancy.gundlach@colliercountyfl.gov, (239) 252-2484
PROJECT DOCUMENTS AND INFORMATION
12Page 574 of 6355
Immokalee Senior Housing MPUD (PL20240005475)
January 7, 2025 Neighborhood Information Meeting Transcript
Jan 7 2025 NIM Page 1 of 16
Wayne Arnold: 00:00 Good evening. I'm Wayne Arnold. I'm with Grady Minor and
Associates. This is Sharon Umpenhour. She's also with Grady
Minor. The county requires that, we create a transcript of these
information meetings, so she'll be recording the meeting. So,
just make sure we speak up if you have a question and we'll
respond. So I can be on the record and make some
introductions here. Noemi Perez is with the Immokalee
Foundation. She's kind enough to host the meeting tonight and
it's her we're here for, to talk about an expansion for the
Immokalee Foundation facility. Michael Facundo, who many of
you probably know, local architect, who's been working on the
team as the designer for the facility and, we have a
transportation engineer who couldn't be with us tonight. He's
available by phone, if somebody has a specific question that we
can't answer for him.
00:54 And did I introduce you Oscar? I can't remember. No. Oscar
Lugo, Oscar is a resident here at Immokalee, but works for us as
an engineer. So he's been working on the project, as well. And
the guy that just walked in the back is Ray Bellows. Ray is the
zoning director for Collier County, and he's here monitoring for
the county staff and can answer any process questions, that we
may not be able to handle for you. So with that, I'll kind of move
into the presentation. So, the property we're discussing is
nearby, it's north of Immokalee Drive, it's zoned, planned unit
development and also multifamily. It's part of an existing, it's
called the Immokalee Senior Housing Plan Unit Development. It
was originally approved many years ago for 119 unit affordable
housing project for seniors. 30 units of those have been built.
So, there's one building, that you all are familiar with, off 11th
Street. That has been built and the original developers of that
abandoned the property, the Friendship Church now owns the
property.
01:54 They're selling the bulk of the remainder property to the
Immokalee Foundation for replacement of this facility. Sort of
outgrowing the facility and looking to have a new home. So,
we're in the process of rezoning the property to allow the
foundation uses and as well as the Friendship Church uses to be
on the property. So, we're amending the PUD, we're eliminating
the affordable housing component and retaining 30 units that
are already constructed. So, the residential tract that was there
we're keeping intact and then we're getting rid of the
residential on the balance of the site, which is all of this, and
that's where the Immokalee Foundation will be. And then, a
future expansion for the Friendship Church up there.
Page 575 of 6355
Immokalee Senior Housing MPUD (PL20240005475)
January 7, 2025 Neighborhood Information Meeting Transcript
Jan 7 2025 NIM Page 2 of 16
02:37 So, this sort of shows you just the vicinity of where we are. So
the Immokalee Foundation building that we're in, is here. Don't
want to step in front of it, but we're in this building right here.
And you can see the new facility is here. And the reason that
that's important for the foundation, they serve school kids,
mentoring program and helping them get into and do better for
themselves. And if you're not familiar with it, I'm sure I'd be
very happy to tell you a little bit more about the foundation and
what they do. But this is the facility where they have students
come after school, primarily. They do mentoring and
educational training. So, it's not really a school, but for traffic
purposes we've modeled this, as if it's a school because there's
no other, under the International Traffic Engineering Manual,
there's not something that exactly describes what the
foundation does here.
03:30 And if you look at our traffic analysis, he analyzed it as a school
and we analyzed for church, and then for a separate daycare
presuming that the church may want to have a daycare in the
future. No definitive plans. But the reason, I want to highlight
how central it is, you have Highlands Elementary and you've got
the technical center and you've got the Immokalee High School
and the middle school. They're all very much walking distance
to the new facility. So, that's why it's important that they kind of
say central to those school facilities. So, that's why that site
looked very attractive to them. As I said, so about half an acre of
the site's currently zoned residential, the rest of its zone plan
development. So, we're going through the effort to eliminate, as
I said, most of the housing and replace that with the foundation
uses. So we're looking at about a 50,000 square foot building
maximum. The church will be about 5,000 square feet. We're
making plans for, we've asked for a hundred student daycare
facility, that would be associated with the church in the future.
And so, the 50,000 square foot building would be, Mike, correct
me if I'm wrong, it's a two-story building that you're looking at
for the concept.
Mike Facundo: 04:38 Yes.
Wayne Arnold: 04:39 So, that would house offices obviously for the Immokalee
Foundation as well as training rooms, classrooms and things like
that for the mentoring programs that they conduct.
04:48 This is an exhibit that shows the original master plan for the
site. So north is to the left, this is the original 30 unit building
that was constructed, and it's still there today. These were the
Page 576 of 6355
Immokalee Senior Housing MPUD (PL20240005475)
January 7, 2025 Neighborhood Information Meeting Transcript
Jan 7 2025 NIM Page 3 of 16
other phases of other residential buildings that were proposed
and those were never constructed. So, that master plan is going
to get replaced with something that looks a little bit more
generic. This is north of, again, this is the residential building
that will remain. And this area is, what we're calling community
facility and that will allow for the foundation uses as well as the
church and daycare uses. And so, we've made those
commitments for the square footages and a number of seats in
the church is, capped at 200, 100 student daycare.
05:37 Mike's been working on a design, and this shows you the
Foundation is looking at the southern portion of the site. So this
area is where the foundation is looking to build its facility. This
area would be for a future expansion of the Friendship Church,
that's located off-site, right there, today. So, it gives you an
idea. So, Mike's building, that he's been working on, shows a
building. It's got some outdoor courtyard space, a lot of parking.
For when they have mentoring programs. As I said, a lot of the
students can walk to the facility, but if they have an evening
program or something that people are required to drive, they'll
have ample parking and stacking on site for that.
06:15 So, as part of the PUD process, we've had to establish uses for
the project, and we called out on the left-hand side. We called
out several uses. So, the church is pretty easy. We called out
educational and religious facilities, that takes care of... What
they do as a foundation, not we have to go by these standard
industrial classification codes, that were written back in the
1980s. That's what the county uses. So, there's a lot of things
that don't fit nicely into. So, we've had to ask for a lot of uses to
make sure we've covered everything like job training and skill
training, schools and educational services. Which is like,
curriculum development programs. But, everything the
foundation does here is intended to happen in the new facility,
as well. And then of course, we made provisions for the
residential tract that was developed to stay the same, and we
kept this development standards all the same. So, this is a
development table we have to establish. The residential tract is
on the left. None of that's changing. Everything on the right is
what we've developed. And we made provisions for the building
to be 45 feet tall. That's a zone height, with 50 feet being the
tippy-top maximum height. That's going to allow Mike ample
space to build some high level, on the bottom floor at least, for
the classroom and the training space.
Page 577 of 6355
Immokalee Senior Housing MPUD (PL20240005475)
January 7, 2025 Neighborhood Information Meeting Transcript
Jan 7 2025 NIM Page 4 of 16
07:39 We've established setbacks. That I think are pretty generous
from the surrounding property and where we are in the
process, we've submitted to the county and they've given us
back one set of review comments, and we're in the process of
responding to those. And part of the process is, we hold a
neighborhood information meeting and let the community
come out and hear what we're proposing. Ask questions, we'll
try to provide any answers we can. If we can't tonight, we'll
certainly get your information, get more information to you.
And so, the next step after this would be, going to the planning
commission and then to the board of County Commissioners.
But we don't have any definitive dates set for those yet. And so,
if you receive notice for this meeting tonight, you'll receive
notice of the planning commission hearing when it's scheduled.
And then, of course, Sharon will be responsible for getting some
signs posted on site and they'll be four by eight sheets of
plywood, that have the announcement with hearing dates on it.
08:34 And so, that's kind of, in a nutshell, what the process is. And
we've been in the process now for a few months and it's going
to take us probably another six months, at least, to get through
the process. So, it's going to evolve you the plan I'm showing
you today. Staff may have other comments as this evolves, to
bring more clarity to it. They may ask us to tweak some of the
uses once they've had a chance to deal with it. But so, I would
encourage you to stay sort of engaged. We close with this slide,
usually, and that's contact information. So, we update our
website with anything that's been submitted to the county. We
update it and provide you real time, what the county's seen.
There's also information, the county's portal is in the middle
and it's got a tracking number, the petition number. So, I'd
encourage any of you all, if you want, take a picture of that on
your phone so you can follow along as we move along through
the process. Because like I said, things very well may change,
probably not significantly, but they may change as we continue
to work through, staff and hear some of your comments
tonight. So that's, in a nutshell, where we are, and what we're
proposing to do. So, I'm happy to entertain any questions from
any of you, try to answer anything we didn't.
Speaker 3: 09:51 All the access to the property is going to be on 11th Street, isn't
it?
Wayne Arnold: 09:56 Yeah, let me go back to the aerial, easiest to talk to. So, the
property is obviously access off 11th. The main access point
comes in at Santa Rosa where it is today. So, that would be an
Page 578 of 6355
Immokalee Senior Housing MPUD (PL20240005475)
January 7, 2025 Neighborhood Information Meeting Transcript
Jan 7 2025 NIM Page 5 of 16
extension pass, where it goes south into the apartments. So it'll
extend straight into the community. The Macklin Foundation
building.
Speaker 3: 10:14 Are you going to tear down the church?
Speaker 4: 10:17 What would be the future...
Wayne Arnold: 10:20 What was the question? Sorry.
Speaker 4: 10:21 We asked if...
Speaker 3: 10:22 The Friendship Baptist Church, you said [inaudible 00:10:25].
Speaker 4: 10:23 It will get tore down.
Wayne Arnold: 10:23 The church?
Speaker 4: 10:23 Rebuild a new one. That's the plan.
Wayne Arnold: 10:27 Friendship Church is located here. They own another piece of
property here. We're adding this little piece to the zoning. It's
going to be part of our water management system in the future.
Speaker 3: 10:35 You going to tear down that house?
Wayne Arnold: 10:37 The house that's on it? Yes. It'll be torn down. Yep. Yeah, it'll be
razed and it'll be used for water management for the new plan.
Speaker 5: 10:45 You said you did a traffic study?
Wayne Arnold: 10:46 Yes.
Speaker 5: 10:47 Where's the report for that?
Wayne Arnold: 10:49 It's in a file and the information that I-
Speaker 5: 10:51 When was it... Is it where we can see it?
Wayne Arnold: 10:54 Yes, it's online. Yes.
Speaker 5: 10:56 Okay. When was it done? At what date and time?
Wayne Arnold: 10:59 Well, the dates are, it's hard for people to understand that don't
live in that traffic world, but the county collects data year
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round, and then, we have to annualize that data based on the
time of year it is. So, for peak season. So, our traffic engineer
analyzes the data based on the county's counts that we get
from them and then, he applies all the rates associated with
whether the church, the educational facility, the childcare,
things like that.
Speaker 5: 11:27 So, how do you plan on, when you build this monstrosity. How
do you plan on navigating the traffic, that is already ridiculous
when we can't even get out of our properties, right now as it is?
And you're going to put this in there and then, it's going to take
me 30 minutes to get out of there to go to work.
Wayne Arnold: 11:43 Do you live nearby?
Speaker 5: 11:45 Yes, I do.
Wayne Arnold: 11:47 Yeah, I'm sure as you go north with the school, that's probably
one of the issues with the traffic, on 11.
Speaker 6: 11:52 Big issue.
Speaker 5: 11:53 Oh, well there's traffic right now with the school. Just coming
here, it was backed up. It took me 10 minutes to get through
the 11th and Immokalee drive. Just now from people getting off
work. And then, when the church, whoever does that food give
out, that backs up the traffic on that road, where you can't get
out. Anything like this is going to make that traffic on that road
ridiculous. I just don't see how this is going to be feasible.
Speaker 4: 12:19 And that's the problem, because you used the word central
when you talk about the schools. You got a high school, you
have a middle school and then you have the high-tech and now
this, that four way stop that's there, which is Immokalee drive
and I think that's 9th. It is severely congested, any day.
[inaudible 00:12:36] Fridays.
Speaker 5: 12:36 It's ridiculous.
Speaker 4: 12:37 But it is. I live where they live and so going home at times, the
people that are trying to pick up from Highlands, I have to wait
behind them, because there's a turn to go into Highlands.
Wayne Arnold: 12:52 Yes. Elementary schools especially are troublesome because
obviously everybody has to gets picked up if they either walk or
they're getting picked up in a car. And a lot of the schools, back
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in the day, didn't do a very good job of stacking their cars on
site. The county's gotten a lot better in cooperating with schools
today. If the new schools come in, they have to provide a lot
more on site circulations, so cars can't back out into the road.
Speaker 5: 13:17 Well, on top of an elementary school you're talking about a
hundred seat daycare. So, you're adding a hundred more
vehicles to come on that road at the people are going to be
picking up after work, when they get off work, when they're
going to work. Same issue. The people that live there every day
trying to get to and from work, we're going to have to double or
triple the time getting out of there, as we do now.
Wayne Arnold: 13:36 Okay.
Speaker 5: 13:37 How do you address that?
Wayne Arnold: 13:38 Well, our traffic engineer looked at all those issues and the
capacity is on the roadways. I mean, I understand that you all
have some localized congestion that occurs during certain
periods, but the county looks at the network and we don't seem
to have those network issues. Not to say that you don't have
some congested problems.
Speaker 5: 13:54 Well, we live there day in and day out. We live it day to day. The
engineers don't, they look at numbers or whatever, but I'm
telling you, we live it day to day. We're there in the midst of it.
Speaker 7: 14:03 The traffic, when they go to pick up kids in the afternoon, it's
backed up all the way from the elementary school and back
down to that senior living, deal. Waiting to get in.
Speaker 5: 14:13 It's ridiculous.
Speaker 6: 14:13 Or sometimes, I can wait [inaudible 00:14:14] Immokalee Drive.
Wayne Arnold: 14:13 So, it backs up south of Immokalee Drive?
Speaker 7: 14:16 And then you'll have somebody coming, from the north end,
they want to a turn in there. So, if you've got... Just to clog the
traffic.
Speaker 5: 14:24 They can't turn left because their cars are backed up. So then,
they [inaudible 00:14:28] with people coming from the north
and it's a nightmare. Then it's backed up on Lake Trafford from
Lake Trafford, from 29 all the way down to Jefferson.
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Wayne Arnold: 14:36 Okay.
Speaker 7: 14:37 If they didn't do that study during school time, they messed up.
Wayne Arnold: 14:40 Well they don't. The county looks at peak times. None of the
traffic studies look at that traffic, because that's specific. That's
not how the county requires us to analyze them.
Speaker 5: 14:51 Well the last time when they were trying to bring a Walmart in,
they did a traffic study in the end of July at 6:30 at night for 15
minutes. And that's bull crap. That's not any kind of idea of
what the traffic is.
Wayne Arnold: 15:01 Well that's not the way. You have to understand there's a
difference between, the traffic as you experience it all during
the day and then the county analyzes peak hours. So, there's a
peak morning and there's a peak evening and the county utilizes
peak evening hours as their threshold for [inaudible 00:15:17]
analyses.
Speaker 5: 15:17 And how do they do that study? I've never seen any rubber
things on their counting cars. I've never seen any county cars
out there counting cars, who's out there doing that study?
Wayne Arnold: 15:25 The county provides us with data on, I think Immokalee Road
has counting stations, or Immokalee Drive and I don't think 11th
does, but we analyze it based on the capacity that's available on
a local road network. You know that, on a two-lane road that a
certain speed. [inaudible 00:15:41].
Speaker 5: 15:40 Basically we need to get it counting. Okay.
Wayne Arnold: 15:44 We do it [inaudible 00:15:46].
Speaker 7: 15:46 The only way I can see it, and y'all need to think about this and
the only way I can see it's going to be successful, is to come off
on the east side of that property and come down, walk that big
10th.
Speaker 5: 15:54 10th Street.
Speaker 7: 15:55 Down to Immokalee Drive and then you need to buy an
easement, to go from the north end up to the Lake Trafford
Road.
Speaker 5: 16:01 Exactly.
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Speaker 7: 16:02 And have another outlet there, but you don't... They're going to
be... It looks like [inaudible 00:16:06].
Speaker 5: 16:06 Yeah, flip it the other direction, because it's crazy. That's
ridiculous.
Speaker 8: 16:10 We've lived on the corner of Orchid and 11th Street for 47
years.
Speaker 1: 16:13 Okay, well can I comment on that? I mean, you see the
structure of it, it's located in the driveway on the south side of
all that traffic. I understand you're going to be more and more
congested at peak hours, but if they're going to make a right
turn into that driveway where the current facility is there, that's
where you're parking is. The congestion won't be part of that,
what you're operating out of right now, up north. It's going to
be more down to the south and I hear you, more increase of
traffic, but at the same time you've got this traffic that's coming
here, which is relocating pretty much just to that location. They
might be increasing the staff, but once again, there's a street
straight-away, I forgot what that street is, where you have your
operation, your business.
Speaker 8: 17:01 Okay. 7th?
Speaker 7: 17:01 That's Santa Rosa.
Speaker 1: 17:01 Yeah. That's a straight shot there.
Speaker 8: 17:02 Santa Rosa.
Wayne Arnold: 17:03 Yeah, Santa Rosa.
Speaker 1: 17:03 Yeah, into that facility.
Speaker 3: 17:05 So, the entrance to this is right in front of Santa Rosa?
Speaker 1: 17:08 Yes.
Speaker 3: 17:09 But you have vehicles where Highlands is, they're picking up
kids.
Speaker 1: 17:14 Which is at, what? Three o'clock?
Speaker 3: 17:16 No, but they have different hours. They have after-school
programs.
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Speaker 1: 17:18 It reduces [inaudible 00:17:20] less kids.
Speaker 3: 17:20 Yeah. Three o'clock and then, maybe 5:00 or 5:30.
Speaker 1: 17:23 And then, what is your peak time for more or less your
operation?
Speaker 3: 17:27 Our foundation is between 5:30 and 6:00.
Speaker 5: 17:32 Which is the exact same time they pick up after-school program
at Highland.
Speaker 9: 17:36 Yeah, which is half of your traffic. I mean, you're talking your
peak time 3:00 and most of those residents are either at work.
Right?
Wayne Arnold: 17:46 Yeah, I think the peaks probably don't cross too much between.
I mean, I don't know how big their after-school program is, at
the elementary school, but I mean the bulk of the pickups going
to occur before three 3:30 PM and the bulk of Noemi's kid uses
after-school itself. And like I said, a lot of those kids can walk to
the facility and probably do, but understood. I hear your
comments on traffic and Ray Bellows back there.
Speaker 5: 18:12 People that are wanting to build this don't have to live there. I
bought property there. I've lived there for 24 years and that,
they lived there for forty-something years. They lived there. I
got 20 people that have lived there forever. This is a big concern
to them. You don't have to live there, you don't have to
function there. Once you build it, you're gone. We're going to
be left to deal with it.
Wayne Arnold: 18:33 Well, Noemi and others are invested here in the community.
Speaker 5: 18:36 But they don't live here. I mean, they don't live in this area.
They work there. This is my home, my property value my... I live
there. I go to leave, I have to go to work. I come back through
there. I fight that traffic. I'm late for work, because people don't
know how to drive.
Speaker 1: 18:53 I'll agree with that.
Speaker 5: 18:53 Sorry. It's like... This is-
Speaker 1: 18:55 And that's today's world pretty much. Everywhere you go, I
don't care. I live in Fort Myers, I reside, I have lived there all my
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life and we've seen the growth over time, and we've seen
changes and we've accepted as a community and as Immokalee
people. I mean, we had Lozano's that used to be David's Bar,
turned into Lozano's. That was something better. We had a
casino come in and that caused a fluctuation of traffic, but it
benefited the community. I mean, a lot of these little companies
or little businesses wouldn't be afloat right now if it wasn't for
so much of that income, coming there from the casino. But
some of these changes even circle far back as Circle M Bar, you
know that, from back in the days. Now, that's a camp. But it
benefits people that are housed there and living there and they
can contribute to the community. So yeah, some changes are
going to cause hiccups and concerns.
Speaker 9: 19:44 Like, what he said.
Speaker 1: 19:45 But I think, overall. The building, they're going to be there is
going to be a structure, is going to benefit the community. And
that's where we always look at it as a whole, as a community.
Speaker 5: 19:56 How is it going to benefit me? When it's going to make me late
for work. It is going to cause super congestion around my area.
More traffic, more issues. How's that going to benefit me, if
you're not a property owner here? I mean, how is it relevant to
you?
Speaker 1: 20:06 I am a property owner.
Speaker 5: 20:07 But you said you lived in Lehigh.
Speaker 1: 20:08 I do, but I'm a property owner here.
Speaker 5: 20:09 In this area.
Speaker 1: 20:10 I have properties in the areas. Yeah.
Speaker 5: 20:16 You don't live there.
Speaker 1: 20:17 Well, actually, people that live there, yes, I do have people who
live there.
Speaker 5: 20:18 You don't live there, though.
Wayne Arnold: 20:18 Well, let's stay cordial on this.
Speaker 1: 20:20 They still are my concern too.
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Speaker 5: 20:22 And I'm all for change. I think, change is great. I think, you have
to change to move forward. But I also think, that when things
like this come in, they don't really give thought. Like that road, it
needs to be widened. It needs to be paved. They already put
those sidewalks in. There's so much stuff that needs to be done,
that y'all not going to do that and the county won't do it. So
then, we're left with all this stuff with roads that aren't meant
to hold this kind of traffic. That road doesn't even have a
shoulder. So I mean, it doesn't make sense. And I mean, it is
what it is, but I'll be taking that with my County Commissioner,
for sure.
Mike Facundo: 20:56 Yeah, just want to make a comment. Where you guys live, how
many access points do you have to your house?
Speaker 5: 21:01 Access points?
Mike Facundo: 21:02 Yes ma'am.
Speaker 5: 21:02 I have Lake Trafford and 11.
Mike Facundo: 21:03 Do you have two?
Speaker 5: 21:04 Yes.
Mike Facundo: 21:04 All right, thank you.
Speaker 5: 21:07 But I talked to a person today, they couldn't make it today, but
they live right on 11th and their driveway, is directly across from
that facility. And when I was explaining to her what they were
going to do, she was like, "Oh my God, I'll never get out of
here." It's already bad enough. And she's right off of 11th.
Wayne Arnold: 21:21 Yeah. Well, I think you'll find that, I think our traffic analysis for
this facility probably overestimates the traffic because there
isn't, as I said, a transportation category that really captures
what the Immokalee Foundation does because it's not a school,
per se. It doesn't function like a school because it's after school.
They don't have classroom space. Kids aren't coming here in the
early morning, and getting released in the daytime. So, it's really
a different animal.
Speaker 5: 21:47 Yeah, but you're also talking about you threw that 100 child
daycare in, which is, we're going to still be here and that's
coming in the future. And that's what I'm thinking.
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Wayne Arnold: 21:56 No, you're not. The church has some plans. It may or may not
include a daycare center, but if I don't ask for it now, then it's
another year long process to go back through it. So now's the
time for us to analyze it and look at those impacts. And we'll
have-
Speaker 5: 22:10 I'm thinking for the future, and I'm thinking a 100 seat daycare,
that's a 100 more cars, with a 100 more kids.
Mike Facundo: 22:14 It's not a child care facility. The daycare would be, during church
service. Wednesdays.
Speaker 5: 22:22 So, it's not like a program for people to drop off kids when they
go to work?
Speaker 1: 22:23 [inaudible 00:22:24].
Wayne Arnold: 22:23 But Michael, it was analyzed as if it was a freestanding daycare.
I mean, accessory to church.
Mike Facundo: 22:28 It was analyzed that way, but an accessory to the church. It's
never going to be a program. It's just going to be something
where the church is going to be. But it's analyzed that way.
Speaker 5: 22:37 So, it will not be a daycare where people are dropping off their
kids when they go to work and picking them up when they get
off?
Mike Facundo: 22:42 It's not a function of the church. We're not into the child care
program.
Wayne Arnold: 22:45 Well, I think, again, our traffic analysis analyzes it.
Speaker 5: 22:50 Exactly.
Speaker 1: 22:50 [inaudible 00:22:51].
Wayne Arnold: 22:51 You're right. So, we'll have to think about that and talk about
that. You're correct. Anything else? Heard you on traffic. No.
Well, if not everybody can head home. Yes, sir.
Speaker 11: 23:06 Not going to say nothing about the mobile home park, behind
it?
Wayne Arnold: 23:08 What would you like us to say?
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Speaker 11: 23:09 It can stay there forever.
Wayne Arnold: 23:13 No plans to... No plans to take your mobile home apart.
Speaker 12: 23:17 I suggest, we [inaudible 00:23:19].
Speaker 11: 23:20 I've already got the swell.
Speaker 13: 23:22 I have just a couple of things. One is, was there another site that
was select [inaudible 00:23:26] something else?
Speaker 5: 23:26 [inaudible 00:23:29].
Speaker 13: 23:30 And then, [inaudible 00:23:30] to your left?
Wayne Arnold: 23:32 Can you just keep it down, just so we can capture this on the
microphone? The questions.
Speaker 13: 23:33 The question was did they-
Speaker 7: 23:34 Who all, was involved in the planning of this?
Wayne Arnold: 23:35 [inaudible 00:23:36].
Speaker 7: 23:36 Oh, I'm sorry.
Speaker 13: 23:37 My question was, was there another site that was considered,
instead of there? Because, and more so to David's comments
and Donna was very adamant about, we live there, so we have
to deal with this. Right. He doesn't, or no one else here. I think,
the three of us. And I'm not trying to be rude. I'm trying to tell
you what we have to deal with. And then, what I'm saying is.
Here, in Immokalee though, we talk about studies and about
plan development and there really isn't no plan development. I
mean, they see a need and it's like, okay, there's a little parcel
plan and this is what I want to do. This is what I want to build.
And then, the process starts. This has started without any of us,
not even knowing what is going on around us. Right.
24:24 And then again, so it moves through and it moves through. And
if Donna didn't even get a notice to come, I don't know what
happened. I mean, I got both of mine. I have two properties
there. So, what I'm saying is everywhere now is, and Immokalee
is, okay, there's a need for housing let's built this. There's a
need... And mostly it's housing, and it is in the same little spots
or places that we want to do this. I mean, we're not going out,
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at all, out to wherever. And I don't know who those landowners
are, but it's the same. It is just you're building and building a
building. I mean here you're going up because there's no
[inaudible 00:25:02].
Wayne Arnold: 25:01 You have to understand too, her need is location-based. The
student body that she needs to deal with, and that's their
mission, is right here. They can't be on the south side of
Immokalee somewhere, where one of those kids has to...
Speaker 13: 25:14 But RCMA is building off of Lake Trafford, and they're making
arrangements to transport kids over there.
Wayne Arnold: 25:23 Sure.
Speaker 13: 25:23 I mean, they're putting that in their budget and saying...
Speaker 5: 25:25 There's other options.
Speaker 13: 25:27 Instead of [inaudible 00:25:28], because moving from the farm
worker;s villages, they're moving two or three child care
centers, Mike, and you know. They're moving child care centers,
all the way across town off of Lake Trafford. They're going to
bus those kids over there. So, the thing about, well, they have
to walk. Yeah. I mean obviously you want it, and again, you use
central, but you're creating a hazardous environment there for
everybody. And I [inaudible 00:25:52] want to say you. I'm
sorry.
Wayne Arnold: 25:53 No. I appreciate your comments. Understood
Speaker 5: 25:55 That's what she said.
Wayne Arnold: 25:55 Yes, sir.
Speaker 7: 25:59 I was just going to say that, whoever did the planning and
[inaudible 00:25:59] and anybody else. Please kind of get
another exit out of there, exit on Devon Street. David, I agree
with you. Yeah, everything's good. All this building, it's great for
Immokalee. I've been here more than all of you have. I've been
here for 75 years. I can remember when, they still told me to tie
horses on Main Street. So, go back [inaudible 00:26:22].
Speaker 5: 26:24 The problem we run into with something like this, in the past,
I'm not saying you guys are doing this, but in the past we've
been presented with stuff like this. And then, once they get it
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zoned, they change everything and oh, we change it, we change
it, and then we don't have a say in anything. They just do
whatever they want to do. And so we felt, we feel like we're like
screwed if we do, we're screwed if we don't.
Wayne Arnold: 26:42 Well, you're obviously concerned and you live nearby. So, I
would encourage you to stay plugged in into the process. So
again, this is some of the contact information. It's got Sharon's
contact info. It's got Nancy Gundlach’s, who's really our staff
planner, not Ray, but Ray and Nancy work together in the
county.
Sharon Umpenhour: 27:01 My business cards are over there too. If you want to pick up one
of my cards.
Wayne Arnold: 27:06 Any other questions, comments? If not, we'll adjourn and let
everybody get on with their evenings. Thanks for coming out,
everybody. Appreciate your feedback.
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Immokalee Senior Housing MPUD Rezone
CCPC BACKUP
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Q. Grady Minor and Associates, LLC Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
August 22, 2024 Ms. Nancy Gundlach Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Immokalee Senior Housing MPUD Rezone (PL20230016212), Submittal 1 Dear Ms. Gundlach: An application for Public Hearing for a Planned Unit Development (PUD) amendment for property located at 612 and 708 N 11TH ST in Immokalee. The PUD amendment proposes to rezone the 7.99+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RMF-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the existing 7.44+/- acre RPUD, update the project name to “Immokalee Senior Housing MPUD” and to rescind the affordable housing density bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow a 200-seat church, and accessory day care, and up to 50,000 square feet of community facility and educational services. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for PUD Rezone 3. Evaluation Criteria 4. Pre-Application meeting notes 5. Affidavit of Authorization 6. Property Ownership Disclosure 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Location Map 12. Environmental Data – Tree Survey 13. Traffic Impact Statement 14. PUD Exhibits A-F 15. Ordinance 2004-29 16. VRP-PL20140001360
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Ms. Nancy Gundlach
RE: Immokalee Senior Housing CFPUD Rezone (PL20230016212), Submittal 1
August 22, 2024
Page 2 of 2
Please feel free to contact me should you have any questions. Sincerely,
D. Wayne Arnold, AICP c: Friendship Baptist Church Immokalee Florida, Inc. Michael Facundo GradyMinor File (IF)
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Immokalee Senior Housing MPUD (PL20240005475)
Evaluation Criteria
January 15, 2025
Evaluation Criteria-r2.docx Page 1 of 7
Q. Grady Minor and Associates, LLC
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request.
The applicant is proposing to rezone the 7.99+/- acre property from the Immokalee Senior
Housing, Ltd. RPUD and RFM-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add
0.55+/- acres to the existing 7.44+/- acre RPUD, update the project name to “Immokalee
Senior Housing MPUD” and to rescind the affordable housing density bonus agreement,
reduce the allowable number of residential units from 119 to 30 units, revise the permitted
uses to allow a maximum of 30 multi-family dwelling units, one 5,000 square foot 200 seat
church, with accessory 100 student childcare and 50,000 square feet of offices and classroom
space in support of educational trust family services, educational trusts, educational tutoring
(8299) and job training and skill training centers.
The intent is to provide for the future development of the currently undeveloped portions of
the project to be developed for a new educational facility for the Immokalee Foundation, and
for the future development of a house of worship with accessory day care facility for the
Friendship Baptist Church.
a. 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 property is currently zoned PUD and RMF-6. The area is well suited for the variety of
uses proposed. The site was originally intended to be a high density affordable senior
housing rental community. The first phase (30 units) of the affordable housing units have
been constructed. The original developer of the housing units sold the property and did not
acquire the lands that were originally intended to be phases 2 and 3 of the senior affordable
housing. What was originally planned to be phase 2, will now be purchased by the Immokalee
Foundation for development of their not-for-profit educational facility, which assists middle
school and high school students with after school educational programs, homework
assistance and post high school preparation. Elementary school children are assisted with
reading and literacy skills.
The site is only 2 blocks from the existing Immokalee Foundation facility and provides an
opportunity to expand into a modern educational building, while remaining in close
proximity to Highlands Elementary School, Immokalee Middle School and Immokalee High
School. The location will allow for the continued access for students to walk to the Immokalee
Foundation facility for their after-school programs.
The portion of the property that was originally to be phase 3 of the affordable senior housing
will provide for the Friendship Baptist Church to construct a new church and day care
program, or it will provide for the future expansion of the Immokalee Foundation building.
Both uses are well-suited for the site. The existing Friendship Baptist Church is located
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immediately to the west of the PUD and currently owns all of the undeveloped property
within the PUD.
The PUD is served by water and sewer services provided by the Immokalee Water Sewer
District. Access is provided via a driveway connection to Santa Rosa Avenue. The traffic
impact analysis has concluded that there is adequate capacity on the surrounding road
network to support the proposed mix of uses.
The project will be served by a master surface water management system. The RMF-6 zoned
parcel being added to the PUD will be utilized as a portion of the water management system.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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.
The applicant is the owner of a portion of the property. A 2.3+/- acre portion of the property
is owned by URSUS Holdings, LLC, the successor owner to the developer of the 30 affordable
senior housing rental apartments which have been constructed within the PUD. The
residential tract owner has not provided authorization to amend the PUD; however, the
residential tract will retain all current development rights and standards permissible for the
residential dwelling units on what was Phase I approved by ordinance 04-29.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.)
The project is located in Immokalee and is under the jurisdiction of the Immokalee Area
Master Plan, Urban-Mixed Use District, High Residential Subdistrict Future Land Use category.
The Immokalee Master Plan also provides that community facilities and private educational
facilities such as the proposed church and educational facility are permitted in all Urban
designated land use categories.
The High Residential Subdistrict also permits a variety of residential dwelling unit types at a
base density of 8 dwelling units per acre, with a maximum of 16 dwelling units per acre when
using affordable housing. The 8.25+/- acre would support a base density of 66 dwelling units.
The existing/proposed 30 dwelling units are consistent with the density of the HR land use
category. The bonus density agreement that was previously approved is no longer required
and is being rescinded.
IAMP Policy 5.1.6 Zonings and Rezonings
The subject property has been zoned PUD since 2004 and was determined to be consistent
with the Immokalee Area Master Plan (IAMP) and the Collier County Growth Management
Plan.
The proposed mixed use PUD does not contain commercial development but rather the non-
residential educational, church and day care activities are considered community facilities.
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these uses are allowed throughout the Urban Mixed Use District of the IAMP and are not
subject to the commercial development limitations discussed in the Urban Mixed Use District.
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan
as determined by the Board of County Commissioners.
Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas
for development before redesignating new property for urban intensity. The proposed
development is an infill project and has infrastructure available at the site. the project is
within the Immokalee Urban Area and does not represent urban sprawl.
Policy 5.6 requires that new projects will be compatible with and complementary to the
surrounding land uses. The proposed MPUD has a conceptual PUD master plan that identifies
the location of the proposed building(s) parking areas, buffer, and site access. The PUD
document contains development standards which establish building setbacks appropriate for
the type of uses proposed. The project will be complementary to the surrounding area by
providing a use for which there is market demand.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce
greenhouse gas emissions and to adhere to the development character of the County.
Transportation Element
Please see the Traffic Impact Analysis prepared which demonstrates compliance with the
Level of Service Standards for arterial roadways.
Conservation and Coastal Management Element
Policy 6.1.1 requires preservation of 15% of the existing onsite native vegetation. There are
only individual trees on the property and no preserve area will be required. 15% of the
existing trees will be preserved or replanted consistent with the LDC requirements of LDC
3.05.07. the calculation is provided in the environmental assessment and shown on the
conceptual PUD Master Plan.
Objective 7.1: Direct incompatible land uses away from listed animal species and their
habitats. Please refer to the listed species management and indigenous preservation plans
prepared by Collier Environmental which concludes there are no listed species onsite. There
are no native plant species on the site; therefore, no preserve area is proposed.
d. 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 project as proposed is compatible both internally and externally. The PUD application
includes a conceptual master plan which identifies proposed buffers and building areas. The
PUD document includes development standards which will assure the use(s) will be
compatible with the nearby development.
e. The adequacy of usable open space areas in existence and as proposed to serve the
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development.
The PUD will have the required 30% open space as required by the LDC, which will include
buffers, water management areas, and landscape islands.
f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.
Adequate infrastructure must be in place to support future development on the site. Water
and sewer services are available at the site and there are no known capacity issues that will
impact this project.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
The MPUD is surrounded by residentially zoned and developed land to the south, east and
west. To the north is a cemetery.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.
The project as proposed is consistent with the LDC.
10.02.08 - Requirements for Amendments to the Official Zoning Atlas
F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan.
IAMP Policy 5.1.6 Zonings and Rezonings
The subject property has been zoned PUD since 2004 and was determined to be consistent
with the Immokalee Area Master Plan (IAMP) and the Collier County Growth Management
Plan.
The proposed mixed use PUD does not contain commercial development but rather the non-
residential educational, church and day care activities are considered community facilities.
these uses are allowed throughout the Urban Mixed Use District of the IAMP and are not
subject to the commercial development limitations discussed in the Urban Mixed Use District.
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan
as determined by the Board of County Commissioners.
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Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas
for development before redesignating new property for urban intensity. The proposed
development is an infill project and has infrastructure available at the site. the project is
within the Immokalee Urban Area and does not represent urban sprawl.
Policy 5.6 requires that new projects will be compatible with and complementary to the
surrounding land uses. The proposed MPUD has a conceptual PUD master plan that identifies
the location of the proposed building(s) parking areas, buffer, and site access. The PUD
document contains development standards which establish building setbacks appropriate for
the type of uses proposed. The project will be complementary to the surrounding area by
providing a use for which there is market demand.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce
greenhouse gas emissions and to adhere to the development character of the County.
Transportation Element
Please see the Traffic Impact Analysis prepared which demonstrates compliance with the
Level of Service Standards for arterial roadways.
Conservation and Coastal Management Element
Policy 6.1.1 requires preservation of 15% of the existing onsite native vegetation. There are
only individual trees on the property and no preserve area will be required. 15% of the
existing trees will be preserved or replanted consistent with the LDC requirements of LDC
3.05.07. the calculation is provided in the environmental assessment and shown on the
conceptual PUD Master Plan.
Objective 7.1: Direct incompatible land uses away from listed animal species and their
habitats. Please refer to the listed species management and indigenous preservation plans
prepared by Collier Environmental which concludes there are no listed species onsite. There
are no native plant species on the site; therefore, no preserve area is proposed.
2. The existing land use pattern.
The land surrounding the MPUD are zoned and developed with community facility and
residential uses. The land to the north is zoned and developed with a cemetery.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The MPUD boundary does not create an isolated district. The MPUD permits residential and
church related uses. Properties proximate to the site are zoned and developed with
residential uses.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
The PUD boundary represents a logical boundary and includes property under the control of
the applicant. The proposed MPUD meets all design criteria for a PUD as specified in Section
4.07.02 of the LDC.
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5. Whether changed or changing conditions make the passage of the proposed amendment necessary.
Yes, the PUD amendment is necessary in order for the Immokalee Foundation to expand to
meet their growing needs to serve the educational needs of the Immokalee Community. The
Foundation cannot expand in their current location near the Immokalee Senior Housing PUD.
likewise, the Friendship Baptist Church owns all of the currently undeveloped portions of the
PUD. the Friendship Baptist Church currently exists on a parcel immediately west of the PUD
and the CF Tract on the Master Plan is a logical location for their future expansion to meet the
needs of their congregation. The existing PUD only permits MF senior housing; therefore, the
PUD requires an amendment to add the non-residential uses.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
The proposed rezone will not adversely influence living conditions in the neighborhood. The
proposed master plan, buffers and development standards will assure compatibility.
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 proposed residential and church related uses development will not create or excessively
increase traffic congestion. The TIS prepared for the PUD rezoning application concludes that
the project will not adversely impact the surrounding road network or cause any roadways to
operate below their adopted level of service. 8. Whether the proposed change will create a drainage problem.
The project will obtain a SFWMD permit for the surface water management system and will
have no impact on surrounding development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area.
The proposed rezone should have no impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.
The proposed rezone from RPUD and RMF-6 to a mixed-use PUD will enhance surrounding
properties by permitting compatible land uses serving the needs of the Immokalee
Community. The PUD will have appropriate buffers and development standards which will not
deter improvement or development of nearby properties.
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12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
Any property owner may propose zoning changes subject to the requirements of the LDC. No
special privilege results from the PUD rezone.
13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.
The original developer did not acquire the property included in Phases 2 and 3 for additional
dwelling units. The church who owns the remaining property has; therefore, decided to sell a
portion for development of the Immokalee Foundation Facility which benefits the children of
Immokalee. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
The scale of the project is in scale with the needs of the community. The Immokalee Foundation
is a well established non-profit organization which serves the youth of the Immokalee
community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use.
It is not impossible to find other sites in the County; however, this site is in close proximity to
three public schools, so it is conveniently and centrally located for the students to walk or cycle
to the Immokalee Foundation education facility after school. 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 property is currently partially developed with a 30-unit residential building and the
remainder of the property is undeveloped and cleared of vegetation.
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 [Code ch. 106, art. II], as amended.
There are adequate roadways and utilities available at the site. There are no public facilities
deficiencies at the present time, and none will occur as a result of this project. 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.
The project is consistent with the proposed Growth Management Plan amendment, and it is
compatible with surrounding development.
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 1 of 3
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
N.A.
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
FRIENDSHIP BAPTIST CHURCH OF IMMOKALEE, FLORIDA, INC., PO BOX
580, Immokalee, FL 34143 (a Florida not for profit corporation)
Michael Facundo, Pastor
Tavis Rene Rios, Youth Pastor
Isabel Arreaga, Vice President
Yaresly Gorosquieta, Secretary
David Garcia, President
Sarah Nicole Anzualda, Clerk
100
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
N.A.
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
N.A.
PROPERTY OWNERSHIP DISCLOSURE FORM
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 2 of 3
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
N.A.
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
N.A.
g. Date subject property acquired 1980, 2006
Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: , or
Anticipated closing date:
Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements
for petition types are located on the associated application form. Any change in ownership whether individually or
with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such
change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
AFFIRM PROPERTY OWNERSHIP INFORMATION
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 3 of 3
August 15, 2024
Agent/Owner Signature Date
D. Wayne Arnold, AICP
Agent/Owner Name (please print)
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N 11th STN 10th STImmokalee DR Clifton STGladiola STCharlie CTTyler AVE Clifton RDMimosa AVE
Santa Rosa AVE
Camellia AVE
Maxwell LN
Source: Esri, Maxar, Earthstar Geographics, and the GIS User
Community
Immokalee Senior Housing MPUD (PL20240005475)
Aerial Location Map .
290 0 290145 Feet
LEGEND
SUBJECT PROPERTY
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10' WIDE TYPE 'A'LANDSCAPE BUFFER
15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: RMF-6USE: RESIDENTIAL
ZONED: RMF-6USE: CEMETERY
ZONED: RMF-6USE: CHURCH
ZONED: RSF-3USE: RESIDENTIAL
ZONED: RSF-3USE: RESIDENTIAL
ZONED: RMF-6USE: RESIDENTIAL
ZONED: MHUSE: RESIDENTIALR15' WIDE TYPE 'B'LANDSCAPE BUFFER
10' WIDE TYPE 'D'LANDSCAPE BUFFER
15' WIDE TYPE 'B'LANDSCAPE BUFFER
10' WIDE TYPE 'D'LANDSCAPE BUFFER
POTENTIALVEHICULARINTERCONNECTION
15' WIDE TYPE 'B'LANDSCAPE BUFFERTRACT BOUNDARY
10' WIDE TYPE 'A'LANDSCAPE BUFFER
CF*R PARKING AREAR BUILDING AREA10' WIDE TYPE 'A'LANDSCAPE BUFFER
15' WIDE TYPE 'B'LANDSCAPE BUFFERDRYDETENTIONDRYDETENTION *INCLUDES OUTDOORRECREATION ANDASSEMBLY AREA
0 120'60'SCALE: 1" = 120'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.2 Page 671 of 6355
IMMOKALEE FOUNDATION
LISTED SPECIES SURVEY
Collier County, Florida
August 2024
Prepared By:
Collier Environmental Consultants, Inc.
3211 68th Street SW
Naples, Florida 34105
(239) 263-2687
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Lake Trafford Rd
N 18th StImmokalee Dr AM 3 : PM9
AM 7: PM 5
AM 3: PM 10
AM 7: PM 5 →N 15th St (SR 29)AM 11: PM 8AM 5: PM 15AM 15: PM 11AM 6: PM 18-AM 6: PM 19
AM 15:PM 11
AM 22: PM 16AM 9 : PM 29SantaRosd
AM 1: PM 5AM 4: PM 3AM 11: PM 8AM 22: PM 16-
Je
f
f
e
r
s
o
n Av
e W
AM 7: PM 5
AM 3: PM 10
AM 7: PM 5
AM 3: PM 10 →AM 7: PM 24AM 9: PM 29→AM 12: PM 394AM 19 : PM 13AM 23: PM 16-AM 30: PM 21-AM 2: PM 5 N 9th StAM 4 : PM 3 Roberts Ave
AM 19 : PM 13
AM 7: PM 24
AM
LEGEND
JMBTRANSPORTATION ENgINEERING, INC.AM 2: PM 5→
Immokalee Senior Housing MPUD
Oct 31, 2024
5.2
M: PM Peak Hour Project Traffic Assignment
Project Traffic Assignment FIGURE 3
New Mark
e
t Rd WNORTH
N.T.S.T.S.
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ORDINANCE NO. 04 - 29
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBERED 6933S;
BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6"
RESIDENTIAL MUL TI-F AMIL Y ZONING DISTRICT TO
RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE
SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT
RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO
PROVIDE 59.52 AFFORDABLE HOUSING UNITS;
APPROVING AN AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT AUTHORIZING THE DEVELOPER
TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY
UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS
DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED
ON THE EAST SIDE OF 11 TH STREET NORTH, JUST
SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND
ELEMENT ARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 7.44::!: ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
r-" ,
I
WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing
Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition
number PUDZ-2003-AR-4390 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 33,
Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6"
Residential Multiple-family zoning district to "RPUD" Residential Planned Unit Development in
accordance with the Immokalee Senior Housing, Ltd. PUD Document, attached hereto as Exhibit
A" and incorporated by reference herein.
SECTION TWO:
The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended accordingly.
Page 1 of 2
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SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this lÊ day of ~, 2004,
i""";"::"'~ 0, -""
ÄJ.j.ffiíf¡:. "0 '\
q.,':,~IGHT.l'~~~, CLERK
Ii: ':;';;;~':',\
b,~~.,i,.~,',"','" L,',',-';:('~~;," ,r~~: ÇJ.ó.
J< Depuíý 01erl(/ "
ItÞ;st. JUt' ~:~
t,..... I .
01)1- ,.,
Approved as to form
nd legal sufficiency
c// ,.~h,(
I :j~/'., ( \' V\/h~1 1-
Patrick G. White' -
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:d;A"4c.
C .
Attachments:Exhibit A, PUD Document
Exhibit B, Affordable Housing Density Bonus Agreement
Page 2 of 2
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IMMOKALEE SENIOR HOUSING
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE
SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLŒR COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
United Church Homes
170 E. Center Street
PO Box 1806
Marion, Ohio 43301-1806
PREPARED BY:
Davidson Engineering, Inc.
Rick Joudrey, PE
2154 Trade Center Way
Suite 3
Naples, FL 34109
Talon Management, Inc.
Tim Hancock, AICP
3898 Tamiami Trail North
Suite 202
Naples, FL 34103
DATE REVŒWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
6 -U'" ô(}o1
Ô"Oo'f - ~<1
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TABLE OF CONTENTS
LIST OF EXHffiITS AND TABLE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I :
SECTION II:
SECTION III:
SECTION IV:
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
2
PAGE
3
4
5
7
11
14
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TABLE 1:
DEVIATION LIST
EXHffiIT "A"
EXHffiIT "B"
EXHffiIT "C"
EXHffiIT "D"
LIST OF EXHIBITS AND TABLES
Development Standards
PUD Master Plan
Legal Description
Location Map
Boundary Survey
3
Page 703 of 6355
STATEMENT OF COMPLIANCE AND SHORT TITLE
The development of approximately 7.44 acres of property in Collier County, as a Residential
Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING PUD must be
in compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan as it may be amended. The residential and recreational facilities of
IMMOKALEE SENIOR HOUSING PUD will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
Residential Project
1.The subject property is within the Residential Designation, High Residential District as
identified on the Immokalee Future Land Use Map as required in Objective IT.l; of the
Immokalee Area Master Plan.
2.The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Policy 11.1.2 of the
Immokalee Area Master Plan.
3.The project development, as stipulated within this PUD document regarding increased setbacks
and buffering beyond the minimums set forth in the LDC, is compatible and complementary to
existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use
Element and Policy 11.1.3 of the Immokalee Area Master Plan.
4.Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
5.The project development will result in an efficient and economical extension of community
facilities and services as required in Objective 3 of the Future Land Use Element.
6.The projected density of 16 dwelling units per acre is in compliance with the Immokalee Area
Master Plan based on the following relationships to required criteria:
Base density:
Affordable Housing Provision:
TOTAL
8 upa (High Residential District)
8 upa (Maximum)
16 upa
SHORT TITLE
This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential
Planned Unit Development Ordinance."
4
Page 704 of 6355
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Immokalee Senior Housing Residential PUD.
1.2 LEGAL DESCRIPTION
The subject property being 7.44 acres, is described as:
A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township 46
South, Range 29 East, Collier County, Florida, being more particularly described in
Exhibit "B"
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Henry Allen Fish, 321 W
Main Street, Immokalee, FL, 34142-3930.
The subject property is under contract to purchase by Immokalee Senior Housing
L TD, 170 E. Center Street; Marion, Ohio 43301-1806, of which United Church
Homes, I for whom this PUD document was prepared by the agent, is a general
partner.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A.The project site is located in the West 1/2 of Section 33, Township 46 South,
Range 29 East. The ¡roject location is generally described as lying
immediately east of lIt Street North, South of Lake Trafford Road in
Immokalee, Florida.
B.The zoning classification of the subject property prior to the date of this
approved PUD Document was RMF-6.
1.5 PHYSICAL DESCRIPTION
The project consists of 7.44:t acres of mowed grass, scrub/upland habitat and
scattered pine trees. There are two existing homes located on the property. The
existing site is well drained and maintained and does not have any natural features
which would complicate development as proposed. Development of this project
will require the removal of existing buildings on the property.
Surface water management for the project will be designed according to South
Florida Water Management District design standards. Since the site is under the
minimum area threshold and no jurisdictional wetlands exist, surface water
management permitting should fall under Collier County jurisdiction.
s
Page 705 of 6355
Water Management for the proposed project is planned to be the dry retention type.
Elevations within the project site range from 33.2 to 34.9 feet above mean sea level.
The entire site is in Flood Zone D according to Firm Map dated June 3rd, 1986
Panel No. 1200670150 D.
The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar,
limestone substratum, complex. Soil characteristics were derived from the Soil
Survey of Collier County, Florida, issued by the U.S. Department of Agriculture
Soil Conservation Service) in March 1954.
1.6 PRO ECT DESCRIPTION
The project will be developed to serve residential needs of the elderly in the
Immokalee community. This PUD only permits the development of the subject
property to contain affordable housing apartments to serve the aging population in
the area.
6
Page 706 of 6355
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A.Regulations for development of the Immokalee Senior Housing Residential
POD shall be in accordance with the contents of this document,
RPUD-Planned Unit Development District and other applicable sections and
parts of the Collier County Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where
these regulations fail to provide developmental standards then the provisionsofthemostsimilardistrictintheCountyLandDevelopmentCodeshall
apply.
B.Except as noted in the multi-family dwelling unit limitation, the definitions of
all terms shall be the same as the definitions set forth in Collier County Land
Development Code in effect at the time of building permit application.
c.All conditions imposed and all graphic material presented depicting
restrictions for the development of Immokalee Senior Housing Residential
POD shall become part of the regulations that govern the manner in which the
POD site may be developed.
D.Unless formal deviations have been sought and approved as part of this POD,
the provisions of other land development codes remain in full force and effect
with respect to the development of the land which comprises this POD.
E.Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities.
7
Page 707 of 6355
2.5.
2.3. DESCRIPTION OF PRO ECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", PUD Master
Development Plan. There shall be 3 land use tracts, including necessary water
management facilities. The general configuration of which is also illustrated by
Exhibit "A". .
B. It is the intent of this PUD to develop affordable senior housing subject to
limitations contained this document and the Density Rating System contained in
the Collier County Growth Management Plan.
PHASE ACREAGE
1 2.09
MAXIMUM NUMBER OF UNITS
30 units, which includes one unit within the main
structure (not a separate structure) to house a
superintendent or resident manager
44 units
45 units
2
3
2.55
2.80
C. Minor modification to all tracts or other boundaries may be permitted at the
time of Preliminary Subdivision Plat or Site Development Plan approval,
subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the
Collier County Land Development Code.(text removed)
D. In addition to the various areas and specific items shown in Exhibit "A",
easements (utility, private, semi-public, etc.) shall be established within or along
the various Tracts as may be necessary.
2.4. DESCRIPTION OF PRO ECT DENSITY OR INTENSITY OF LAND USE
The PUD is designed to accommodate dwelling types intended to serve the senior
population of Immokalee. The use will consist of affordable rental apartments.
A maximum of 119 non-market rate multi-family residential dwelling units may be
constructed in the total project area. This is based on a gross acreage of 7.44 acres
and a maximum of 16 dwelling units per acre. A density of more than 8.0 units per
acre must be developed in accordance with an approved Affordable Housing
Density Bonus Agreement (AHDB).
RELA TED PRO ECT PLAN APPROVAL RE UIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part
of the PUD if required, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the Collier County Subdivision Code
and the platting laws of the State of Florida.
B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat if applicable may be submitted for the entire area covered by
8
Page 708 of 6355
the POD Master Plan. Any division of property and the development of the
land must be in compliance with Division 3.2 of the Collier County Land
Development Code and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code
shall apply to the development of all platted tracts, or parcels of land.
D. The development of any tract or parcel for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a POD amendment in compliancewiththeLDCPODamendmentprocedureineffectatthat. time.
E. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetualmaintenanceofcommonfacilities.
2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the POD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
9
Page 709 of 6355
SECTION III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The project shall contain up to 3 development tracts, which will allow for multi-
family dwelling units limited to senior independent living residential facilities.
3.2. MAXIMUM DWELLING UNITS
All phases combined shall not exceed 119 total dwelling units. The maximum
number of dwelling units allowed within the PUD shall be as follows:
Phase I:
Phase 2:
Phase 3:
Total:
30 Units (including a caretaker/manager unit within building)44 Units
45 Units
119 Units
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A.Principal Use:
Multi-family dwelling units-limited to only senior Independent livingresidencefacility, as that term is described below:
A facility that provides residential accommodations for senior adults who are
in good health and do not require medical or skilled nursing care. Residents
shall have individual dwelling units with living, sleeping, bathroom, and
kitchen facilities. The Independent Living Residence Facility may include a
Senior Village Community Center or Community Building, or similar
common areas such as a common dining facility, and space for the provisionofsocial, psychological, and educational programs. The facility may providehomehealthcareorothercommunity-based services for residents of the
project on an individual basis and offer meals, linen, and housekeepingservices. The Independent Living Residence Facility may provide a residence
for a superintendent or for maintenance staff, but there shall be no on-site
residence of medical or other staff.
Services to anyone other than full-time residents are prohibited as part of this
PUD.
10
Page 710 of 6355
B.Accessory Uses:
1)
2)
3)
Customary accessory uses and structures, excluding garages.
Common recreational amenities.
Maintenance facility (a garage-type door is allowable).
3.4. GENERAL DEVELOPMENT STANDARDS
A.All yard setbacks, etc. shall be measured from the project boundaries of
PUD, with the exception of the required distance between structures.
B.This project must utilize an overall architectural theme for all principal and
accessory structures.
3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
A. MINIMUM LOT AREA: 10,000 square feet
B. MINIMUM LOT WIDTH: 100 feet
C. MINIMUM PRESERVE AREA: 0.4 7 acres
D. MINIMUM PRESERVE WIDTH: 20 feet
E. MINIMUM BUILDING SETBACKS (YARDS):
1) North:
Phase 2, adjacent to single-family homes 50 feet
Phase 3, adjacent to cemetery 15 feet
2) East:
Phase 1, adjacent to mobile homes 20 feet
Phase 2, adjacent to duplex structures 20 feet
Phase 3, with preserve & duplexes 60 feet
3) South:
Phase 1, adjacent to single-family homes 20 feet
Phase 2, adjacent to mobile homes 20 feet
4) West
Phases 1 & 2-Street: 25 feet
Phase 3 50 feet
5)Distance between principal structures shall be 15 feet or one-half (1/2)
the sum of the heights of the adjacent structures whichever is greater.Distance between principal structures and accessory structures or
between accessory structures shall be a minimum of 10 feet.
6)Minimum setback from Preserves - 25 feet
F.MINIMUM FLOOR AREA: 550 square feet per unit
G.OFF-STREET PARKING AND LOADING REOUIREMENTS
11
Page 711 of 6355
1)Off-street parking (subject of a deviation)
Independent Living Residence Facility: I space per dwelling unit
2)Off-Street Loading spaces will be provided in compliance with LDC
Section 2.3.21.3, but in no case will there be less than 1 loading space
provide per building.
H.MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood
elevation, whichever is less
3.6 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES
A. MINIMUM BUILDING SETBACKS (YARDS):
1) North:
Phase 2, adjacent to single-family homes 50 feet
Phase 3, adjacent to cemetery 15 feet
2) East:
Phase 1, adjacent to mobile homes 20 feet
Phase 2, adjacent to duplex structures 20 feet
Phase 3, with preserve & duplexes 60 feet
3) South:
Phase 1, adjacent to single-family homes 20 feet
Phase 2, adjacent to mobile homes 20 feet
4) West
Phases 1 & 2-Street: 25 feet
Phase 3 50 feet
5)Distance between accessory structures - 15 feet or one-half (1/2) the
sum of the heights of the adjacent structures whichever is greater.
6)Minimum setback from Preserves - 10 feet
B.MAXIMUM FLOOR AREA: 100 square feet per unit
c.MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood
elevation, whichever is less
12
Page 712 of 6355
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2. GENERAL
A.All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this POD. Except where
specifically noted or stated otherwise, the standards and specifications of
Division 3.2 of the Land Development Code shall apply to this project even if
the land within the POD is not to be platted. The developer, his successor
and assigns shall be responsible for the commitments outlined in this
document. Which commitments will be enforced through provisions agreed
to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions must be enforceable by lot owners
against the development its, successors, and assigns, regardless of turnover or
not to any property or homeowners' association.
B.The developer, his successor or assignee shall agree to follow the Master
Plan and the regulations of the POD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In
addition, the developer will agree to convey to any successor or assignee in
title any commitments within this agreement.
c.This project must provide a resident manager.
4.3. PUD MASTER PLAN
A.Exhibit "A," the POD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land use boundaries or speciallanduseboundariesshallnotbeconstruedtobefinalandmaybevariedat
any subsequent approval phase such as final platting or site development planapplication. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code amendments may be made from time to time.
B.All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
c.This project must provide a minimum of 60 percent, in the amount of no less
than 4.46 acres, of usable open space as that term is defined in the LDC, and
in compliance with LDC Section 2.6.32. Prior to development approval for
any phase of this project, a comprehensive open space table must be provided
on the site plan that demonstrates total open space requirement compliance.
13
Page 713 of 6355
4.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Development of the first Phase of the Immokalee Senior Housing POD is
expected to commence in 2004. The project may be completed as early as
2009, including all amenities and improvements shown on the POD Master
Plan.
B. This POD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the
Land Development Code. An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
4.5 TRANSPORTATION
A. Single access to the POD shall be in alignment with Santa Rosa Avenue such
that to create a two way stop control.
B. Arterial level street lights shall be provided at the point of ingress and egress.Said lighting must be in place prior to the issuance of the first permanentCertificateofOccupancy (CO).
C. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FOOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT DesignStandards, current edition, and the Manual On Uniform Traffic Control Devices
MUTCD), current edition. All other improvements shall be consistent with and
as required by the Collier county Land Development code (LDC).
D. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
E. Site-related improvements necessary for safe ingress and egress to this project,
as determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
F. Road impact fees shall be paid in accordance with Collier County Ordinance
01-13 and Division 3.15. LDC
G. All work within Collier County rights-of-way or public easements shall require
a Right-of-way Permit.
H. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247) and the LDC. Collier
County reserves the right to modify or close any median opening existing at the
time of approval of this POD which is found to be adverse to the health, safetyandwelfareofthepublic. Any such modifications shall be based on, but are not
limited to, safety, operational circulation, and roadway capacity.
14
Page 714 of 6355
1. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither will the existence of a
point of ingress, a point of egress or a median opening, nor the lack thereof,
shall be the basis for any future cause of action for damages against the County
by the developer, its successor in title, or assignee.
J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections
to adjacent developments shall be operated and maintained by an entity created
by the developer and Collier Country shall have no responsibility for
maintenance of any such facilities.
K. If any required turn lane improvement requires the use of existing County right-
of-way or easement, compensating right-of-way, shall be provided without cost
to Collier County as a consequence of such improvement.
L. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance
of the first CO.
4.6 WATER MANAGEMENT
Water management will be provided per Collier County requirements in effect at
the time of development plan submittal.
4.7 ENVIRONMENTAL
A. This PUD shall be consistent with the Environmental section of the aMP
Conservation and Coastal Management Element and the LDC at the time of
final development order approval.
B. This POD shall comply with the guidelines of the USFWS and FFWCC for
impacts to protected species. A Habitat Management Plan for those species
shall be submitted to environmental review staff for review and approval prior
to site development plan approval.
C. All conservation areas shall be designated as tracts or easements with protective
covenants. Easements shall be dedication on the plat to an appropriate entity for
ownership and maintenance and to Collier County with no responsibility for
maintenance.
D. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 10-foot setback from the boundary of any preserve.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed within the preserve areas and subsequent annual
15
Page 715 of 6355
removal of these plant (in perpetuity) shall be the responsibility of the property
owner.
F. A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, fire management, and maintenance.
G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final Site Plan/Construction Plan approval.
H. Permitted uses within preserves shall be limited to low-impact passive
recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses
will not allow the Preserve to drop below minimum required acreage.
I. Prior to the issuance of the first Certificate of Occupancy for any portion of this
property, the developer must remove all exotic plants as defined in division 3.9
from the entire PUD site, to include future development phases. Subsequent to
first phase removal, the developer must implement a maintenance program to
prevent reinvasion of the site by exotic species. This plan, which will describe
control techniques and inspection intervals, shall be filed with and subject to
approval by the community development services director in accordance with
the standards established in division 3.9. Protection of native vegetation,
according to the applicable provisions of the LDC must be implemented during
prohibited exotic vegetation removal.
J. As part of the development order submittal for the first phase of development,
the developer must identify all areas that must be created within the boundary of
the Preserve. These depictions are subject to further review and approval by
staff. Furthermore, the depictions must comply with the requirements of
Section 3.9 of the LDc.
4.8 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with or following the
construction of the principal structure except for a construction site office, which
can be constructed in compliance with temporary use allowances in the LDc.
4.9 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
4.10 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS
The following landscape buffering requirements shall apply to this project:
A. The developer must retain all existing indigenous plant material within all
buffer areas and setback areas not occupied by parking areas, as volunteered by
the agent in a March 25, 2004 letter.
16
Page 716 of 6355
B. The developer must augment the buffer areas, if necessary, to provide minimum
C" width, planting type, and size buffers as that buffer is described in the LDC,
where this project abuts a duplex or single-family use. The buffer width may be
reduced at the project's entrance only to the minimum amount to allow safe
access that will align with Santa Rosa A venue. Where the adjacent use is a
mobile home, street, church or cemetery, a type "B" must be provided.
C. Pedestrian sidewalks, bike paths, water management facilities and structures
may be allowed in landscape buffer areas, provided that the landscape buffer
areas are increased by an equivalent width.
D. Prior to site development plan approval for any portion of this site. the
developer must revise the development plan to be in compliance with the
landscape island width standards of the LDc. No deviations were sought or
approved to relax any landscape island width standards.
4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division
2.4 of the Collier County Land Development Code in effect at the time of building
permit application. The site plan provided with the POD application does not meet
landscape island width standards. No deviations from any requirements have been
approved. The development must provide a site plan for development approval that
is fully compliant with all landscape island standards.
4.12 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code provision shall be made
for the future use of building space within common areas for the purposes of
accommodating the function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that
acquire ownership of such commons areas including, but not limited to,
condominium associations, homeowners associations, or tenants associations. This
agreement shall provide for said community recreation/public building/public room
or similar common facility to be used for a polling place if determined to be
necessary by the Supervisor of Elections.
17
Page 717 of 6355
TABLE 1
DEVELOPMENT STANDARDS
RE UIREMENTS PRINCIPAL USE ACCESSORY USE
N/AMINIMUMLOTAREA
MINIMUM LOT WIDTH
FLOOR AREA
MINIMUM BUILDING SETBACKS (YARDS)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
West
Phases 1 & 2-Street:
Phase 3
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE
BETWEEN STRUCTURES
MAXIMUM BUILDING HEIGHT
MINIMUM PRESERVE AREA:0.47 acres
MINIMUM PRESERVE WIDTH:20 feet
10,000 square feet
100 feet
550 sq. ft. per unit
MINIMUM
50 feet
15 feet
20 feet
20 feet
60 feet
20 feet
20 feet
25 feet
50 feet
25 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
35 feet or a maximum
of 2 stories above
minimum base flood ele-
vation, whichever is less
N/A
100 sq. ft. per unit
MAXIMUM
50 feet
15 feet
20 feet
20 feet
60 feet
20 feet
20 feet
25 feet
50 feet
10 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
25 feet or a maximum
of 1 story above mini-
mum base flood elevation,
whichever is less
Notes: No structures are permitted in the required. 20-foot lake maintenance easement
18
Page 718 of 6355
IMMOKALEE SENIOR HOUSING PUD
PUD Z- 2003- AR -4390
DEVIA TION LIST
APRIL 28, 2004
Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi-family dwellingunitparkingstandardsrequiringthisprojecttoprovide210parkingspaces, to allow the project to
provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 39 percent reduction
in the parking.
Deviation #1 is approved limited to the following parking space allocation, and subject to the
conditions listed below:
No. of
Bedrooms
No. of
Units
Parking
required for
Residents
@1:1ratio
Total
REQUIRED
Parking Deviation Conditions:
1. Any change in unit allocation within a phase noted above will require an equivalent changeintheparkingallocation; and
2. Garages for individual dwelling units are prohibited; and
3. The developer must augment the buffer areas, if necessary, to provide minimum "C" width,
planting type, and size buffers as that buffer is described in the LDC, where this project
abuts a duplex or single family use. The buffer width may be reduced at the project's
entrance only to the minimum amount to allow safe access that will align with Santa Rosa
Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be
provided, thus allocating the area on site that would normally be occupied by parking spaces
to be utilized for open space areas. .
Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot
wide type "B" buffer. to allow a 15 foot wide buffer area that will contain trees spaced no more
than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15
19
Page 719 of 6355
foot wide type "0" buffer will be provided. The effect of this deviation would primarily be to
provide a type "A" buffer rather than a "B" buffer where a "B" buffer is required.
Deviation #2 is denied.
20
Page 720 of 6355
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EXHIBIT "B"
LEGAL DESCRIPTION
PROPERTY DESCRII'TION:
A PORTION Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SECI'ION 33,
TOWNSHIP 46 SOlrrH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 OF SAID SECI'JON 33, THENCE N,
00°00'20" W" ALONC THE WEST LINE Of THE NORTIlWEST 1/4 OF THE .
SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SAID SECTION 33, (SAID LJNE
ALSO BEING THE CENTERLINE OF 11TH STREET NORTH), A DISTANCE OF
194.68 FEET; THENCE N. 89°50'40" E., PARALLEL WITH THE NORTH LINE Of
THE NORTHWEST 1/4 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of
SAID SECTION 33, A DISTANCE Of 30.00 FEET TO THE EAST RIGHT-OF- WAY
LINE OF SAID 11 TH STREET NORTH AND THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESRIBED; THENCE CONTINUE N. 89°50'40" E.,
ALONG LAST SAID LINE, A DISTANCE Of 178.71 FEET; THENCE N, 000~)'20"
W" PARALLEL WITH THE WEST LINE Of THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTIIWEST 1/4 Of SAID SECTION 33, A DISTANCE
Of 460.42 fEET; THE NCE N. 89°50'40" E., A DISTANCE Of 288.59 FEET TO THE
WEST LINE OF THE EAST 163 FEET OF THE NORTIlWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUmWEST 1/4 OF SAID SECTION 33; THENCE S.
00°0 )'00" E., ALONG SAID WEST LINE, A DISTANCE Of 655.24 FEET TO llIE
soum LINE OF THE NORTHWEST 1/4 Of THE SOUTIIEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°51'40" W.. ALONG 5AID
soum LINE, A DIS~'ANCE Of 167,21 FEETTOTIIE WEST LINE OF THE
NORTHWEST 1/4 OF mE SOU'TIlWEST 1/4 OF mE SOUTHEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S, 00°00'45" E., ALONG 5 AID
WEST LINE, A DISTANCE Of 333,80 FEET TO mE SOUTII LINE OF THE
NORTHWEST 1/4 OF THE soumWEST 1/4 OF THE SOUTHEAST 1/4 Of THE
SOUTHWEST 1/4 OF SAID SECI'JON 33; THENCE S. 89°54'32" W., ALONG 5AID
SOUTH LINE, A DIS~~ANCE OF 300.26 FEET TO THE EAST RIGHT-Of-WAY
LINE OF SAID 11TH STREET NORTH; THENCE N. 000()()'20" W., ALONG SAID
EAST RIGHT-Of-WAY LINE, A DISTANCE OF 528.23 FEET TO THE POINT OF
BEGINNJNG.
CONT AD'lING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS,
22
Page 722 of 6355
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24 Page 724 of 6355
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of 2004, by and
between United Church Homes (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer has under purchase an option to purchase contract a tract of
real property described as (complete legal description)
See attached leQal description
Collier County, Florida (The "Property"). The legal and equitable owners include
Henry Allen Fish. It is the Developer's intent to construct a maximum of 119 residential
units (the "Units") at a density of 16 units per gross acre on the Property. The gross
acreage of Property is 7.44 acres. The number of affordable Units constructed by
Developer shall be 119 ,representing 100 percent of the total number of residential
Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDC) § 2,7.7., 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 59.52 affordable bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement and the
Developer covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, in consideration of the approval and granting of the
affordable housing density bonus of 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:
I -
Page 725 of 6355
1.Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2.Developer Agreements. The Developer hereby agrees that it shall
construct 119 affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, B, and C, which Appendix is incorporated by reference herein and
constitutes a part of this Agreement.
a,The following provisions shall be applicable to the affordable Units:
Defined terms: In the event of a conflict between terms as defined in the1 )
LDC or in Ordinance No, 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
2) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be increased each year from the date of this Agreement as long as the rent
does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then applicable
median adjusted gross annual income for the household as published annually by the
U.S. Department of Housing and Urban Development for the area defined as the
Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
2-
Page 726 of 6355
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.
4)Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification
of family housing unit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section,
The Developer shall be responsible for qualifying tenants by accepting
applications from tenants, 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 the Housing and Urban
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LDC §§
2.7.7.5. and 2.7.7,6., respectively.
a) Application.A potential tenant shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable
housing density bonus program. The Preliminary Application for Affordable Housing
Unit shall be provided by the Housing and Urban Improvement Director as shown in
Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference
herein.
b) Income Verification and Certification. No affordable housing Unit in the
development shall be rented to a tenant whose household income has not been verified
and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a low or very low income family. Tenant income verification and
certification shall be repeated annually to assure continued eligibility.
c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information, tenant verification
of the return, and a signature block with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period,
3 -
Page 727 of 6355
the information may be verbally updated from the original sources for an additional 30
days, provided it has been documented by the person preparing the original verification.
After this time, a new verification form must be completed. The Affordable Housing
Applicant Income Verification form shall be provided by the Housing and Urban
Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement
and incorporated by reference herein,
d)Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification f<;>rm, the
Developer shall require than an income certification form be executed by the potential
tenant (including the entire household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant
has a low or very low household income which qualifies the potential occupant as an
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit C, attached to this Agreement and incorporated by reference
herein.
e) Rental Agreement. At a minimum, the rental agreement shall include the
following:
name, address, and telephone number of the head of household and all
other occupants;
a description of the unit to be rented;
the term of the lease;
the rental amount;
the use of the premises;
monitoring and enforcement provisions, including disqualification of
tenant; and
vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
i)
ii)
iii)
iv)
v)
vi)
may be conducted by the Housing and Urban Improvement Director.
5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing and Urban Improvement Director or his
designee, then such tenant shall be required to vacate the affordable unit. If tenant
vacation of the affordable unit is the result of an error, omission or misrepresentation
made by Developer, tenant shall vacate the affordable unit within thirty (30) days and
Developer shall pay penalties as provided by the monitoring and enforcement program.
If tenant vacation of the affordable unit is the result of a misrepresentation made by the
tenant. tenant shall vacate the affordable unit within 15 days and shall pay penalties as
4 -
Page 728 of 6355
provided by the monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement between Developer and tenant.
6) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of their
construction, rental and occupancy. The annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto, The report shall be, filed on
or before September 30 of each year and the report shall be submitted by the
Developer to the Housing and Urban Improvement Director. Failure to complete and
submit the monitoring report to the Housing and Urban Improvement Director within
sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00)
per day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
7)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 8 and is therefore granted a affordable housing
density bonus of ~ density bonus units per acre, for a total (total = density bonus
units per acre X gross acreage) of 59.52 density bonus units, pursuant to Collier
County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission
further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 119 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 Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5-
Page 729 of 6355
5. Violations and Enforcement
a.Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the Housing and Urban Improvement Director or
by any other persons pursuant to the authority which is delegated to them. by the
Ordinance,
Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by
law.
b.Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement that should be
enforced before the Code Enforcement Board, then a Notice of Violation shall be
issued and sent by the Housing and Urban Improvement Director by certified return-
receipt requested U,S. Mail, or hand-delivery to the person or developer in violation of
the Ordinance, The Notice of Violation shall be in writing, shall be signed and dated by
the Housing and Urban Improvement Director or such other County personnel as may
be authorized by the Board of County Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board,
c.Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or with Ordinance No.
90-89, 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 Ordinance No. 90-89, as amended.
6.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
6 -
Page 730 of 6355
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7,Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent juri$diction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the parties.
8.Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the parties at the following addresses:
To the Commission: Collier County Financial Administration & Housing
Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer:Immokalee Senior Housing, Ltd.
170 E. Center Street
Marion, Ohio 43301-1806
Any party may change the address to which notices are to be sent by notifying the other
party of such new address in the manner set forth above.
9.Authority to Monitor. The parties hereto acknowledge that the Director of
Collier County Housing and Urban Improvement or his designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10.Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11.Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the parties agree that if Developer
7 -
Page 731 of 6355
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations,
12.Recording. This Agreement shall be recorded at Developer's expense in
the official records of Collier County, Florida.
13,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.
14.Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the type of affordable housing rental unit (low or very low income)
designated in accordance with this Agreement for at least fifteen (15) years from the
date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this
Agreement may terminate upon a date mutually agreed upon by the parties and stated
in writing,
15.Modification. This Agreement shall be modified or amended only by the
written agreement of both parties.
16.Discrimination.
a.The Developer agrees that neither it nor its agents shall
discriminate against any tenant or potential tenant because of said tenants race, color,
religion, sex, national origin, familial status, or handicap.
b.When the Developer advertises, rents, sells or maintains the
affordable housing unit, it must advertise, rent, sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in renting or purchasing such affordable housing unit.
c.The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the rental or purchase of affordable units.
e.The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f.The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for
market rate units and affordable units. For developments where construction takes
place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in
8 -
Page 732 of 6355
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17.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 100 percent affordable housing units for this project, with 100
percent of the units in each phase as built consisting of affordable units.
18.Disclosure. The developer shall not disclose to persons, other than the
potential tenant, buyer or lender of the particular affordable housing unit or units, which
units in the development are designated as affordable housing units,
19.Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20,Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from development agreements as
defined by Chapter 163.3220, Fla. Stat. (1989) and as amended.
21,Preapplication.Developer has executed and submitted to the
Development Services Director the Developer Application for Affordable housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22.Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23.Further Assurances. The parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
9 -
Page 733 of 6355
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
A TTEST:.;,\'i.;~ . D'~j,~ \I(,~"
DWIG~T',E.' BRÔCf(;. ~r~
0, .' -. t" ,./"
i~(;!:
eLl.'G,BOARD F COUNTY COMMISSIONERS
COl COUNTY, FlþRI.QA
cØ.d
By: DONNA FIALA, Chairman
z;J:""J:
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Att~jt. 46 ~tið~,Ci\.frilàn' s
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Approved as to form and legal sufficiency:
i~
Assistant County Attorney
DEVELOPER:IMMOKAlEE SENIOR HOUSING, lTD.
By: Cheryl L. Wickersham
Asst. Sec/Treasurer, UCCXIV, Inc.
General Partner of Immokalee
Senior Housing, l TO Contract Purchaser
Witnesses: (PRINT AND SIGN NAMES BELOW)
STATE OF
COUNTY OF
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
WITNESS my hand and official seal this day of
2004,
Notary Public
My Commission Expires:
10-
Page 734 of 6355
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME (60% MI)
Efficiency
1 Bedroom 113 400
2 Bedroom 6 400
3 Bedroom
4 Bedroom
TOTAL 119
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME (35% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
1) Base residential density allowed in this development~units/acre.
2) Gross acreage 7.44
3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 8 ' units/acres.
4) Gross residential density of this development (including affordable housing density
bonus units) 16 units/acre.
5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 735 of 6355
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for
developers pledging to construct affordable units within their development. Included in this
Exhibit B are instructions for and the tables with which to calculate the density bonus for a
particular project. Exhibit C contains the current median income and acceptable rents for low
and very low income households in Collier County.
The affordable housing density bonus rating system shall be used to determine the
amount of the affordable housing density bonus which may be granted for a development based
on household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unites) proposed in the development, and the type of affordable housing units
owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed
for the affordable housing unites). An affordable housing density bonus rating based on the
household income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate
it in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the
percentages shown on Table B shall receive an affordable housing density bonus equal the lower
of the two percentages it lies between plus III Oth of a residential dwelling unit per gross acre for
each additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units,
and which has an affordable housing density bonus rating of "four" will receive an affordable
housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the
development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable
housing density bonus calculations for each type of affordable housing unit have been completed
in Table B, the affordable housing density bonus for each type of unit shall be added to those for
the other type(s) to detennine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
12 -
Page 736 of 6355
APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary .
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMSIUNIT
EFFICIENCY
AND 1
2 3 OR
MORE
MODERATE (OWNER-OCCUPIED, 0 1* 1*
SINGLE-F AMIL Y)
LOW (OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE-F AMIL Y OR MUL TI-
FAMIL Y)
VERY LOW (OWNER OCCUPIED OR
RENT AL, SINGLE-F AMIL Y OR
MUL TI-F AMIL Y) 3 4 5
For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
ADDITIONAL AVAILABLE IDYE!JJNG UN~ROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
13 -
Page 737 of 6355
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 %
to 60% of the median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2001
65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 ~ ~ 1 ~ 2 1 ~
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35, I 00 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFc. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% F AMIL Y INCOME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM
UNIT UNIT UNIT UNIT
100%
80%
60%
50%
35%
25%
1,218
975
731
609
426
304
1 ,462 1,690 1,884
1,170 1,351 1,507
877 1,014 1,131
731 845 942
511 591 659
365 422 471
UTILITY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
UNIT UNIT UNIT UNITLOCATION
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd,67.00 106.00 148.00 173,00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
f/densitybonus/inc&rent rev, 4/01
14 -
Page 738 of 6355
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application:Amt. Of Sec. Deposit:
Co-Tenant Name
Present Address:
RacelNational Origin: Handicap: Yes - No-
RacelNational Origin: Handicap: Yes - No-
Street City State Zip Telephone No.
How Long at this Address:Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
Name of Previous Landlord
City State Zip Telephone No.
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone
No.
How long with Present Employer:
Title
Job
Gross Salary: Hourly $
Social Security Number
Weekly $Every 2 Weeks $
Birth Date ---Monthly $
Previous Employers Name
Address and Telephone
No.
How long with Previous Employer Job Title
CQ- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $ Weekly $
Social Security Number
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
15 -
Page 739 of 6355
NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name:
2. Name:
Address:
Address:
SOCIAL
SECURITY
How Long Known:
How Long Known:
16 -
Page 740 of 6355
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:Social Security Number
Social Security NumberCo-Tenant's Name: :
Present Address:
Street City
I hereby make application for an apartment 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.
State Zip Telephone No.
Apartments.
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 rent/buy an affordable housing unit. I understand that I am not
required to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Tenant
Amount Frequency Amount Frequency
Received of Pay Recei ved of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUpy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
17 -
Page 741 of 6355
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street City State Zip
I,hereby authorize the release of information requested
Applicant)
on this verification form.
STATE OF FLORIDA)
ss
COUNTY OF COLLIER)
Signature of Applicant
The foregoing was acknowledged before me by
Witness my hand and official seal this day of 2001.
My Commission Expires:
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly Annually
Supervisor
STATE OF FLORIDA)
ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this day of 2001.
My Commission Expires:
Notary Public
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE
AFFORDABLE UNIT.
18 -
Page 742 of 6355
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the requirements of the Collier County Affordable Housing Density Bonus
Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any
accompanying documentation to the Development Services Director, 2800 North Horseshoe
Drive, Naples, Florida 34104.A copy must also be provided to the Housing and Urban
Improvement Director.
All items requested must be provided.
1.Please state what zoning districts are proposed by the applicant, if any, on the property
and the acreage of each;
PUD - 7.44 Acres
2.Has an application for rezoning been requested in conjunction with the affordable
housing Density bonus?
x Yes No
If yes, state date of application 6-30-03 and if the request has been approved, state the
Ordinance number
3.Gross density of the proposed development.16 units/acre.
Gross acreage of the proposed development.7.44 acres.
4.Are affordable housing density bonus units sought in conjunction with an application for
a planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Immokalee Senior Housing PUD. 11 th Street North. Immokalee. FL
5.Name of applicant United Church Homes
Name ofland developer ifnot the same as Applicant:same as applicant
6.Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development
Type of
Unit Rental
Owner
Occupied
Efficiency
19 -
Page 743 of 6355
One Bedroom 113
6TwoBedroom
Three Bedroom
Other Bedroom
TOTAL 119
T ABLE II Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Owner
Rental Occupied
MODERATE INCOME (80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
1 Bedroom 113
2 Bedroom 6
3 Bedroom
Other
TOTAL 119
Total Number of
Affordable Units
in Development
Rental Owner
Occupied
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Proposed Use for
Density Bonus Units
Rental
59.52
59.52
Proposed Use for
Density Bonus
Units
Rental
Owner
Occupied
Owner
Occupied
20 -
Page 744 of 6355
Other
TOTAL
Total Number of Proposed Use for
Affordable Units
in Development
Density Bonus
Units
Rental Owner
Occupied
Rental Owner
Occupied
VERY-VERY LOW INCOME (35% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7.Please provide a physical description of the affordable units by type of unit (moderate,
low, very low income) and by number of bedrooms. Include in your description, for example,
the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile,
vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher,
stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as
applicable. Attach additional pages.
Phase I will consist of 28 one-bedroom and 2 two-bedroom apartment units in a two-story
elevator building. All units will serve the low-income elderly population. The units will have
through wall electric resistance heating and air conditioning. Floor coverings will consist of
carpeting in the living room and bedrooms and vinyl flooring in the kitchens and baths.
Window coverings will be mini-blinds. The kitchens in all units will include a range, range
hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will
also have a ceiling fan light fIXture. The apartment building will include a coin-operated
laundry facility for resident use. Phase 2 and/or 3 will be of a similar nature.
One bedroom units are 576 square feet and two bedroom units are 739 squarefeet.
8. Please supply any other information which would reasonably be needed to address this
request for an affordable housing density bonus for this development. Attach additional
pages.
21 -
Page 745 of 6355
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-29
Which was adopted by the Board of County Commissioners on
the 11th day of May, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of May, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-offici~,toBoard of
county.~~9,~~~~~~ersÛL~~~.'.: ':,..~~.,;-,~,~.;. f~.\ r) . C '
o..Q...-.,:.
0 --, ,
By:; ~~n-;Jt?:nnet~hn~ ~-
O~puty~ '.(ne'~ :;~ '
J\ '°, ;,::W}J~'~' .: ~i ;:o)'!' ' '."J .:o-" ::-
1~\ ~-~----
Page 746 of 6355
Page 747 of 6355
Page 748 of 6355
Page 749 of 6355
Page 750 of 6355
Page 751 of 6355
NOTICE OF NEIGHBORHOOD INFORMATION MEETING
PETITION: PL20240005475 – Immokalee Senior Housing MPUD
In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) host-
ed by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, LLC (GradyMinor), representing Friendship Baptist Church Immok alee
Florida, Inc. (Applicant) will be held January 7, 2025, 5:30 pm at Immokalee Foundation, 908 Roberts Ave W, Immokalee, FL 34 142.
The Applicant has submitted a formal application to Collier County, seeking approval to rezone the 7.99+/- acre property from the
Immokalee Senior Housing, Ltd. RPUD and RFM -6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the ex-
isting 7.44+/- acre RPUD, update the project name to “Immokalee Senior Housing MPUD” and to rescind the affordable housing densi-
ty bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow A maxi-
mum of 30 multi-family dwelling units, one 5,000 square foot 200 seat church, with accessory 100 student childcare and 50,000
square feet of offices and classroom space in support of educational trust family services, educational trusts, educational t utoring
(8299) and job training and skill training centers.
The subject property is comprised of 7.99± acres and is located at 612 and 708 N 11TH Street in Section 33, Township 46 South , Range
29 East, Collier County, Florida.
If you have questions, please contact Sharon Umpenhour with GradyMinor by
mail: sumpenhour@gradyminor.com or phone: 239-947-1144. For project infor-
mation or to register to participate remotely* go to, GradyMinor.com/Planning.
Any information provided is subject to change until final approval by the governing
authority. The purpose and intent of this Neighborhood Information Meeting is to
provide the public with notice of an impending zoning application and to foster
communication between the applicant and the public. The expectation is that all
attendees will conduct themselves in such a manner that their presence will not
interfere with the orderly progress of the meeting.
*Remote participation is provided as a courtesy and is at the user ’s risk. The applicant
and GradyMinor are not responsible for technical issues.
Q. Grady Minor and Associates, LLC
3800 Via Del Rey
Bonita Springs, FL 34134
«NAME1»
«NAME2»
«NAME3»
«NAME4»
«NAME5»
«NAME6»
Page 752 of 6355
1NAME1NAME2NAME3NAME4 NAME5NAME6LEGAL1LEGAL2LEGAL3LEGAL4FOLIO ADDRESSTYPE610 N 15TH STREET OWNER LLC 500 VOLVO PARKWAYCHESAPEAKE, VA 23320---0 33 46 29 COMM SW CNR SEC 33, RUN E ALG S LI SEC 33 100FT TO INTERSECT E R/W LI 15TH ST N (SR 29), THENCE N00.3821W00087481202 UABRIGO, JOSE J & BENITA1125 IMMOKALEE DRIMMOKALEE, FL 34142---3413 IMMOKALEE HABITAT FOR HUMANITY PH VI LOT 7 OR 1404 PG 208751215000608 UADAME, VICTOR L & OLGA603 GLADIOLA STIMMOKALEE, FL 34142---2821 IMMOKALEE HIGHLANDS BLK A LOT 2 OR 648 PG 13951240080004 UALBERIQUE, OBERT & EMINA652 CLIFTON RDIMMOKALEE, FL 34142---2949 HIGHLANDS HABITAT SUBDIVISION LOT 150120000066 UALLEN WILLIAMS PROPERTIES LLC 16444 ABERDEEN WAYNAPLES, FL 34110---033 46 29 N75FT OF S443.5FT OF E165.12FT OF SE1/4 OF NE/14 OF SW1/400083560004 UANDRES, EMILIO PABLOMICAELA JUAN JUANPO BOX 1686IMMOKALEE, FL 34142---0SEMINOLE BLK B LOTS 26 + 2773181560001 UANZUALDA, KATHY603 GLADES STIMMOKALEE, FL 34142---0SEMINOLE BLK A LOTS 7-8 OR 885 PG 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20240005475 | Buffer: 1000' | Date: 11/05/2024 | Site Location: Immokalee Senior HousingPOList_1000.xlsPage 753 of 6355
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4ZAPOTE, GENARO HUAPILLA PO BOX 2723IMMOKALEE, FL 34143---0 33 46 29 N 75FT OF N 150FT OF W1/2 OF E1/2 OF SE1/4 OF NE1/4 OF SW1/4 .23 AC 00086720003 UPOList_1000.xlsPage 756 of 6355
NOTICE OF NEIGHBORHOOD
INFORMATION MEETING
PETITION: PL20240005475 – Immokalee Senior Housing MPUD
In compliance with the Collier County Land Development Code
(LDC) requirements, a neighborhood Information meeting
(NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and
Associates, LLC (GradyMinor), representing Friendship Baptist
Church Immokalee Florida, Inc. (Applicant) will be held January 7,
2025, 5:30 pm at Immokalee Foundation, 908 Roberts Ave W,
Immokalee, FL 34142.
The Applicant has submitted a formal application to Collier
County, seeking approval to rezone the 7.99+/- acre property
from the Immokalee Senior Housing, Ltd. RPUD and RFM-6 Zoning
Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres
to the existing 7.44+/- acre RPUD, update the project name to
“Immokalee Senior Housing MPUD” and to rescind the affordable
housing density bonus agreement, reduce the allowable number
of residential units from 119 to 30 units, revise the permitted uses
to allow A maximum of 30 multi-family dwelling units, one 5,000
square foot 200 seat church, with accessory 100 student childcare
and 50,000 square feet of offices and classroom space in support
of educational trust family services, educational trusts, educational
tutoring (8299) and job training and skill training centers.
The subject property is comprised of 7.99± acres and is located at
612 and 708 N 11TH Street in Section 33, Township 46 South, Range
29 East, Collier County, Florida.
If you have questions, please contact Sharon Umpenhour with
GradyMinor by email: sumpenhour@gradyminor.com or phone:
239-947-1144. For project information or to register to participate
remotely* go to, GradyMinor.com/Planning. Any information
provided is subject to change until final approval by the governing
authority.
The purpose and intent of this Neighborhood Information Meeting is
to provide the public with notice of an impending zoning application
and to foster communication between the applicant and the public.
The expectation is that all attendees will conduct themselves in
such a manner that their presence will not interfere with the orderly
progress of the meeting.
*Remote participation is provided as a courtesy and is at the
user’s risk. The applicant and GradyMinor are not responsible for
technical issues.NF-40785734
Page 757 of 6355
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M. on March 20, 2025, in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-29, IMMOKALEE SENIOR
HOUSING RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AND
ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 0.55+/- ACRES
OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A WELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), TO
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITH A WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), FOR A
PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING MPUD, BY
REDUCING THE NUMBER OF MULTI-FAMILY DWELLING UNITS FROM 119 TO
30, AND ALLOWING A 5,000 GROSS SQUARE FOOT 200-SEAT CHURCH WITH
ACCESSORY 100 STUDENT CHILD CARE, AND UP TO 50,000 SQUARE FEET OF
CERTAIN COMMUNITY FACILITY AND EDUCATIONAL SERVICES USES;
UPDATING THE MASTER PLAN; AND RESCINDING THE AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT; ON 7.99+/- ACRES OF PROPERTY LOCATED ON
THE EAST SIDE OF 11TH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD
ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20240005475]
Page 758 of 6355
All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made
available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government
Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, prior to March 20, 2025.
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 Ray Bellows at
252-2463 or email to Ray.Bellows@colliercountyfl.gov
Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC)
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.
Page 759 of 6355
Collier County Planning Commission
Joseph K. Schmitt, Chairman
Page 760 of 6355
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 April 22, 2025, in the Board of County Commissioners meeting
room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-29, IMMOKALEE SENIOR
HOUSING RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AND
ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 0.55+/- ACRES
OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A WELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), TO
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITH A WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), FOR A
PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING MPUD, BY
REDUCING THE NUMBER OF MULTI-FAMILY DWELLING UNITS FROM 119 TO
30, AND ALLOWING A 5,000 GROSS SQUARE FOOT 200-SEAT CHURCH WITH
ACCESSORY 100 STUDENT CHILD CARE, AND UP TO 50,000 SQUARE FEET OF
CERTAIN COMMUNITY FACILITY AND EDUCATIONAL SERVICES USES;
UPDATING THE MASTER PLAN; AND RESCINDING THE AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT; ON 7.99+/- ACRES OF PROPERTY LOCATED ON
THE EAST SIDE OF 11TH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD
ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE. (PL20240005475)
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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.
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.
Page 762 of 6355
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
(SEAL)
Page 763 of 6355