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Ordinance 2025-24 ORDINANCE NO. 2025-24 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, 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] WHEREAS, on May 11, 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 Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Friendship Baptist Church Immokalee Florida, Inc., petitioned the Board of County Commissioners of Collier County, Florida to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [24-CPS-02537/1936315/11145 Immokalee Senior Housing/PL20240005475 1 of 2 4/4/2025R 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" of Ordinance No. 04-29, Immokalee Senior Housing RPUD, is rescinded in its entirety. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2-2-ri day of A to I (- 2025. ' ``ATTEST: BOARD OF COUNTY COMMISSIONERS ` r� - . ..... CRYSTA .K., IN4 „!CLERK COLLIER COUNTY, FLORIDA By: ' .•:--, ' By: (4.0)ite,a41114"' Attest as to.Chairml t...,Zeput erk urt L. Saunders, Chairman i., signatyrl? only• y-) App v d as to form legality. 1./a-- P op Dere . Perry This ordinance f+!ed with the Assistant County Attorney Secretory of :.!;e s Office the � ,v(� day ofi r1 _, Q _ Attachments: and acknowledgemenfi Qf thot Exhibit"A"—PUD Document fifi received this a'q day of t1 ,0103 [24-CPS-02537/1936315/1]145 By O,routyetwk Immokalee Senior Housing/PL20240005475 2 of 2 4/4/2025R IMMOKALEE SENIOR HOUSING A RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE SENIOR HOUSING MPUD,A RESIDENTIALMIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER 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. 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: Q. Grady Minor and Associates,LLC 3800 Via Del Rey,Bonita Springs FL 34134 FOR: Friendship Baptist Church Immokalee Florida,Inc. PO Box 580,Immokalee FL 34143 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 5-11-2004 ORDINANCE NUMBER 2004-29 AMENDMENTS AND REPEAL Words underlined are additions;words struck through are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 1 of 24 CAO TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE 3 STATEMENT OF COMPLIANCE AND SHORT TITLE 4 SECTION I PROPERTY OWNERSHIP&DESCRIPTION 5 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 7 SECTION III RESIDENTIAL DEVELOPMENT AREAS PLAN 4410 SECTION IV COMMUNITY FACILITY DEVELOPMENT AREA 13 SECTION V DEVELOPMENT COMMITMENTS 4-415 Words underlined are additions;words strut f-thf-eugh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 2 of 24 LIST OF EXHIBITS AND TABLES TABLE-I: Residential(R)Tract Development Standards DEVIATION LIST EXHIBIT"A" MPUD Master Plan and Master Plan Notes EXHIBIT"B" Legal Description EXHIBIT"C" Location Map EXHIBIT"D" Boundary Survey Words underlined are additions;words struckare deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 3 of 24 STATEMENT OF COMPLIANCE AND SHORT TITLE The development of approximately 7.11 7.99 acres of property in Collier County, as a Residential 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 forth in the Growth Management Plan as it may be amended. The residential and recreational facilities of IMMOKALEE SENIOR HOUSING MPUD 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-Mixed Use 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 II.1; of the Immokalee Area Master Plan. Residential and Community Facilities are permitted in this Future Land Use Category. 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 PUDMPUD 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 of8 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) Affordable Housing Provision: 8 upa(Maximum) TOTAL -8 upa SHORT TITLE This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential Mixed Use Planned Unit Development Ordinance." Words underlined are additions;words struckh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 4 of 24 '1O 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 Mixed Use MPUD. 1.2 LEGAL DESCRIPTION The subject property being 7,447.99+/-acres,is described as: 29 East,Collier County,Florida,being more particularly described in Exhibit"B" A TRACT OR PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4158, PAGE 1502, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG THE NORTH,EAST AND SOUTH LINE OF SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES (1) NORTH 89°12'37" EAST, FOR 288.59 FEET; (2) SOUTH 00°39'03" EAST, FOR 655.24 FEET; (3) SOUTH 89°13'37" WEST, FOR 167.21 FEET; THENCE SOUTH 00°38'48" EAST, FOR 333.80 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6158, PAGE 2192, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID LANDS SOUTH 89°16'25" WEST, FOR 300.26 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY OF 11TH STREET NORTH; THENCE ALONG SAID EAST RIGHT-OF-WAY, NORTH 00°38'23" WEST, FOR 662.65 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 89°21'37" EAST, FOR 178.71 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4158, PAGE 1502, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST LINE NORTH 00°38'23" WEST,FOR 326.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 7.99 ACRES,MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Ursus Holdings, LLC and Friendship Baptist Church Immokalee Florida, Inc. Henry Allen Fish, 321 W Main Street, Immokalee,FL,34112 3930. The subject property is under contract to purchase by Immokalee Senior Housing LTD, 170 E. Center Street; Marion, Ohio 43301 ,806, w :ch, U„ited-Church Homes, I for whom this P D do me:L•,,as pr:pared by the agent,is a general partner. Words underlined are additions;words str•ugh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 5 of 24 `�O 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 project location is generally described as lying immediately east of 11th 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 MPUD document was RMF-6 and RPUD. 1.5 PHYSICAL DESCRIPTION trees. There-are-two exis in eslocated on the property. The existing site is well de el.Ym „t.s YreYe e,7 D, el. nt o f th' et will r e th, al of buildings on the property. Surface „'term „tea om „t f rh te pr .l eet will be design ,7 di bt C th 1 i.] Water Management District design standards. Since the site is under the minimum area threshold n risdictional wetlands exist, stir€ace water t •tt• should fall under Collier County Jurisdiction. Elevations within the project site range from 33.2 to 31.9 feet above mean s a level. The entire site-ism '-lood Zone D-according-to Fir��rMap dated Jun ' a, l986 n l N 120067 0150 D. 0 h t t l e •7 h teri tier were Jeri o f �h c a � f lli in March 1951. 1.6 PROJECT 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. Words underlined are additions;words;•nugh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 6 of 24 70 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 Mixed use MPUD shall be in accordance with the contents of this document,RPUDMPUD 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 provisions of the most similar district in the County Land Development Code shall 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 lmmokalee Senior Housing Residential-Mixed Use MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. 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. 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. Words underlined are additions;words struckare deletions (PL20240005475)lmmokalee Senior Housing PUDR-r3.docx April 3,2025 Page 7 of 24 0 2.3. DESCRIPTION OF PROJECT 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", MPUD Master Development Plan. There shall be 3-2 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 MPUD to develop affordable senior housing subject to limitations contained in this document and the Density Rating System contained in the Collier County Growth Management Plan. Community Facility uses are subject to standards identified in the CF Section of this MPUD. PHASE ACREAGE MAXIMUM NUMBER OF UNITS 1 2.09 30 units,which includes one unit within the main structure (not a separate structure) to house a superintendent or resident manager 2 2.55 411 units 2,80 115 unit;, 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 PROJECT DENSITY OR INTENSITY OF LAND USE The PLIDMPUD is designed to accommodate dwelling types intended to serve the senior population of Immokalee.The residential use will consist of affordable rental apartments. A maxim„m of 1 1 n arket rate ult: f i1 J 'd t' l d ll' nir b e constructed in the total project area. This is based on a gross acreage of 7.11 acres and a maximum of 16 dwelli nits r A .de sit, f tl 4 0 't t l e developed: or.l.,nce witl, ., aYYr ,ed A ffor.dable Ho g Density B A t (AHDB). 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat,and/or Condominium Plat for all or part of the MPUD if required,final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan,the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," the MPUD Master Plan, constitutes the required MPUD Development Plan. Subsequent to or concurrent with IMPUD approval, a Preliminary Subdivision Plat if applicable may be submitted for the entire area covered by Words underlined are additions;words struct. t are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 8 of 24 the MPUD 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 PUD amendment in compliance with the LDC PUD amendment procedure in effect at that time. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. Words underlined are additions;words struckgh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 9 of 24 0 SECTION III RESIDENTIAL DEVELOPMENT AREAS PLAN 3.1. PURPOSE The project shall sentain--up to 3 dovelo„mertresidential tracts, which will allow for multifamily dwelling units limited to senior independent living residential facilities. 3.2. MAXIMUM DWELLING UNITS All phases combinedThe Residential (R) Tract shall not exceed 119 30 total dwelling units (including a caretaker/manager unit within building). The maximum number of dwelling units allowed within the PUD shall be as follows: Phase 1: 30 Units(including a caretaker/manager unit within building) Phase 2: 11 Units Phase 3: 15 Units Total: 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 living residence facility, 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 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 PIA4MPUD. Words underlined are additions;words struckg:are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 10 of 24 B. Accessory Uses: (1) 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 setbacks, etc. shall be measured from the project Residential (R) Tract boundaries of the MPUD,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: 0.47 acres D. MINIMUM PRESERVE WIDTH: 20 feet E. MINIMUM BUILDING SETBACKS(YARDS): (1) North(Side Yard: DAdjacent to single family homesCF Tract 20 feet Phase 3,adjacent to cemetery 15 feet (2) East(Rear Yard): P Adjacent to mobile homes 20 feet Phase 2,adjacent to duplex structures 20 feet Phase 3,with preserve& duplexes 60 feet (3) South(Side Yard): Pose'_Adjacent to single-family homes 20 feet Phase 2,adjacent to mobile homes 20 feet (4) West(Front Yard): Phase 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 Words underlined are additions;words figh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 11 of 24 0 G. OFF-STREET PARKING AND LOADING REQUIREMENTS (1) Off-street parking(subject of a deviation) Independent Living Residence Facility: 1 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(Side Yard): Ddjacent to single family homesCF Tract 5&20 feet Phase 3,adjacent to ccmetery 15 feet (2) East(Rear Yard): Phase- -aAdjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3,with preserve&duplexes 60 feet (3) South(Side Yard): Phase 1, aA_djacent to single-family homes 20 feet Phase 2,adjacent to mobile homes 20 feet (4) West(Front Yard): Phase 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 Words underlined are additions;words struckthreugh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 12 of 24 SECTION IV COMMUNITY FACILITY DEVELOPMENT AREA 4.1 PERMITTED USES: A maximum of one 5,000 gross square foot 200 seat church and 50,000 gross 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 shall be permitted within the Community Facility(CF)Tract of the MPUD. No building or structure,or part thereof,shall be erected,altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses: 1. Churches,limited to one house of worship with a maximum of 5,000 gross square feet and a seating capacity of 200 individuals(8661) 2. Educational,religious and charitable trusts(6732) 3. Individual and family social services, family counseling, child guidance agencies and outreach programs only(8322) 4. Job training and skill training centers(8331) 5. Schools and Educational Services (8299) including only continuing education programs, curriculum development, language and reading schools, tutoring and vocational counseling. 6. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: 1. Administrative Church Offices 2. Covered pavilions 3. Gazebos 4. Outdoor recreational areas,play lots,playgrounds,which may include shade structures. 5. Religious Educational Classrooms, Chorus Rehearsal Room and Child Care during religious services. 6. Social/Meeting and Fellowship Center 7. Water management facilities to serve the project such as lakes. C. Prohibited Uses: 1. Soup kitchens 2. Homeless shelters 3. Drug rehabilitation services Words underlined are additions;words strums: are deletions (PL20240005475)lmmokalee Senior Housing PUDR-r3.docx April 3,2025 Page 13 of 24 4.2 COMMUNITY FACILITY(CF)DEVELOPMENT STANDARDS TABLE: PRINCIPAL ACCESSORY USES USES MINIMUM LOT AREA 1 Acre N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM LOT DEPTH 100 feet N/A MINIMUM SETBACKS Front Yard 25 feet 20 feet MPUD Perimeter 25 feet 10 feet Internal 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES 20 feet 20 feet MAXIMUM HEIGHT Zoned 45 feet 35 feet Actual 50 feet 35 feet MINIMUM FLOOR AREA 1,000 SF N.A. Note:Nothing in this MPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in the list of deviations,Exhibit"E",DEVIATION LIST; Page 23 of this MPUD. Words underlined are additions;words struck through are deletions 4 (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 14 of 24 SECTION IV DEVELOPMENT COMMITMENTS 45.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 45.2. GENERAL A. 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 of the Land Development Code shall apply to this project even if the land within the 1MPUD 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 PUDMPUD 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. D. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022,FS) E. All other applicable state or federal permits must be obtained before commencement of the development. 45.3. PUDMPUD 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 at 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. Words underlined are additions;words ctruck through are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 15 of 24 '� 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. 45.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISIONS A. Development of the first Phase of the Immokalee Senior Housing PUD is expected to commence in 2004. "fie-projects be pletea nno cludin all ccca�'Te amenities and improvements shown on the PUD Master Plan. B. This PUD 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. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Friendship Baptist Church of Immokalee, Florida, Inc., PO Box 580, Immokalee, Florida 34134. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 45.5. TRANSPORTATION A. Single access to the PUBMPUD 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 permanent Certificate of Occupancy(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,FOOT Design Standards,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). Words underlined are additions;words st�uth'gh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 16 of 24 O.d7 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 Ordinances 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 PUDMPUD which is found to be adverse to the health,safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. I. 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. M. The maximum total daily trip generation for the MPUD shall not exceed 158 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. Words underlined are additions;words struckgh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 17 of 24 45.6 WATER MANAGEMENT Water management will be provided per Collier County requirements in effect at the time of development plan submittal. 45.7 ENVIRONMENTAL A. This3DMPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This PUJDMPUD 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 mmlmum 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 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 tosite/c nstruction pla al identi frog ethods to dd ♦ ♦ f CT-F. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. H.G. 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 PT to include future development phases. S„bseg„e t to first phase r al the rev elo st ple„ ent ., ntenanee p m t„ nt- f t" it b y exotic species.This plan,which will describe control techniques and inspection intervals, shall be fled t" na ub et te val by the community development services vegetation, according to the applicable provisions of the LDC must be implemented during prohibited exotic vegetation removal. Words underlined are additions;words struck through are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 18 of 24 �a7 J,H. 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. I. No native preservation area is required as there is no native vegetative community on the property. 33 native trees exist on-site, and 15%, or 5 trees will be retained or replanted consistent with LDC Section 3.05.07.A.2. The retained or replanted trees will be shown on the Site Development Plan. 45.8 ACCESSORY STRUCTURES 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 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 45.10 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. 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 Avenue.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. 1.11 LANDSCAPING FOR OFF STREET PARKING AREAS All landscaping for off street parking areas shall be in accordance with the Division 2.1 of the Collier County Land Development Code in effect at the time of building permit application. The site plan provided wit t meet landscape island width standards. No deviations from any requirements have been approved. The development must Words underlined are additions;words strucL�ack th roough are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 19 of 24 -.3() 0 standards. 1.125.11 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. 5.12 LIGHTING: Parking lot lighting for the CF Tract shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uptight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the MPUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise,the site light poles shall not exceed a 25-ft mounting height. Light levels along the MPUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. 5.13 PLANNING: A. The proposed educational use is not a traditional educational facility and serves the neighboring schools with after school learning opportunities. Per LDC 4.05.04.F.4,the County Manager of designee may determine the minimum required parking for uses not specifically reference; therefore, the educational, social service and skill training use shall provide minimum parking at the following standard. 1 per 1 staff member 1 per 7 students B. The Community Facility uses in B.2. shall adhere to the following hours of operation: 1. Between 7:00am to 10:30pm. Operational hours may be extended to 12:30am up to two (2) times per month to accommodate religious holiday services or special religious functions. 2. Restricted hours apply to church and religious organizational uses;civic association meetings;community meetings; self-help groups, social service clubs; a church run food bank. C. Hours of operation for the church services shall be 7:00 am to 9:00 pm weekdays and 8:00 am to 10:00 pm on Saturdays and Sundays. These hours are not applicable for religious holiday worship events. Words underlined are additions;words tr suck�vck-t ovhrough are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 20 of 24 0 D. Outdoor assembly may occur between 7:00 a.m.and 8:00 p.m. weekdays and 8:00 a.m. and 8:00 p.m. Saturdays and Sundays. E. Outdoor amplified sound is prohibited for uses on the CF Tract unless approved as part of a special event temporary use permit. F. All pickup and drop off will occur onsite and no vehicle stacking shall occur offsite. G. For services and other periods and events of significant traffic generation,as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement-approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. H. Except as provided for the permitted church use; daycare services, school, or food service will not be offered on site,unless in conjunction with and during a church service or a permitted special event. Words underlined are additions;words are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 21 of 24 O-0 TABLE UI RESIDENTIAL(R)TRACT DEVELOPMENT STANDARDS REQUIREMENTS PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A FLOOR AREA 550 sq. ft.per unit 100 sq. ft.per unit MINIMUM MAXIMUM MINIMUM BUILDING SETBACKS (YARDS) North(Side Yard): P Adjacent to jingle family 30-20 feet 50 20 feet homcsCF Tract 15 feet 15 feet Phase 3,adjacent to cemetery East(Rear Yard): P Adjacent to mobile homes 20 feet 20 feet Phase 2,adjacent to duplex structures 20 feet 20 feet Phase 3,with preserve& duplexes 60 feet 60 feet South(Side Yard): P adjacent to single-family homes 20 feet 20 feet Phase 2,adjacent to mobile homes 20 feet 20 feet West(Front Yard): Phase 1 &2 Street: 25 feet 25 feet Phase 3 50 feet 50 feet MINIMUM PRESERVE SETBACKS 25 feet 10 feet MINIMUM DISTANCE 15 feet or'h the sum of 15 feet or'/z the sum of the BETWEEN STRUCTURES the building heights, building heights,whichever whichever is greater is greater MAXIMUM BUILDING HEIGHT 35 feet or a maximum 25 feet or a maximum of 2 stories above of 1 story above minimum minimum base flood base flood elevation, elevation,whichever is whichever is less less MINIMUM PRESERVE AREA: 0.47 acres MINIMUM PRESERVE WIDTH: 20 feet Note:No sructures are permitted in the required, 20 foot lake maintenance easement. Words underlined are additions;words struckg;are deletions (PL20240005475)lmmokalee Senior Housing PUDR-r3.docx April 3,2025 Page 22 of 24 .y. IMMOKALEE SENIOR HOUSING PU13MPUD PUDZ-2003-AR-4390 DEVIATION LIST APRIL 28,2004 Deviation #1 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 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 No. of Parking Total Bedrooms Units required for REQUIRED Residents 1:1 ratio Phase 1 1 28 28 2 2 2 33 Phase 2 1 2 42 2 2 2 47 Phase 3 1 43 43 2 2 2 48 Project 1 113 113 Totals 2 6 6 128 Parking Deviation Conditions: 1. Any change in unit allocation within a phase noted above will require an equivalent change in the parking allocation;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 Words underlined are additions;words strut gh are deletions (PL20240005475)Immokalee Senior Housing PUDR-r3.docx April 3,2025 Page 23 of 24 QV3 than ;0 eet ^ nter f r all p eter L..,ff r areas except the roadway where the traditional 15 foot wide type "D" 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. Words underlined are additions;words struck through are deletions (PL20240005475)lmmokalee Senior Housing PUDR-r3.docx April 3,2025 Page 24 of 24 Olo ZONED: RMF-6 USE: CEMETERY 710'WIDE TYPE'A' LANDSCAPE BUFFER — 10'WIDE TYPE'A'-- � LANDSCAPE BUFFER ZONED: RMF-6 USE: CHURCH w w m I N cn1 POTENTIAL VEHICULAR R INTERCONNECTION - 10'WIDE TYPE'A' E- ZONED: RSF-3 LANDSCAPE BUFFER ZONED: RMF-6 USE: RESIDENTIAL USE: RESIDENTIAL c F* in 10'WIDE TYPE'D' LANDSCAPE BUFFERrl q;•,. *INCLUDES OUTDOOR ••'•'•'•'•'•' RECREATION AND i_ ASSEMBLY AREA •,a z , w • rl w 15'WIDE TYPE'B' r L.1 ry LANDSCAPE BUFFER o ZONED: RSF-3 15'WIDE TYPE'B' USE: RESIDENTIAL TRACT BOUNDARY-" LANDSCAPE BUFFER w i E w 10'WIDE TYPE ¢ `iR-- ZONED: MH USE: RESIDENTIAL LI LANDSCAPE BUFFER z Q x 5 -.L15'WIDE TYPE'B' i'G m LANDSCAPE BUFFER N a i z L i 0 60' 120' I ZONED: RMF-6 15'WIDE TYPE'B' SCALE: 1" = 120' USE: RESIDENTIAL LANDSCAPE BUFFER IMMOKALEE SENIOR HOUSING MPUD SCALE 0.Grady Moor and 4e006121es.PA. I06 cone: ©GradyMinor 8f11111,I0 Mel Rey s Buniln Springs.Florida s,ls+ EXHIBIT A DATE: Civil Engineers • Land Surveyors . Planners • Landscape Architects MASTER PLAN FILE NAYS:2034 — CAM or MID.E60005151 Cert.ofAuth.LB 0005151 Business LC 26000266 REVISED 2/20/2025 IF DX.MASTER RI.W 5 Bonita Springs:239.947.1144 000.6'ra OW nor.rnm Fort Myers:239.690.4380 SHEET 1 OF 2 { O10.0 SITE SUMMARY TOTAL SITE AREA: 7.99±ACRE RESIDENTIAL (R) TRACT: 2.32±AC (29%) COMMUNITY FACILITY (CF) TRACT: 5.67±AC (71%) RESIDENTIAL: MAXIMUM 30 DWELLING UNITS COMMUNITY FACILITY: MAXIMUM 50,000 SQUARE FEET MAXIMUM 5,000 SQUARE FEET, 200 SEAT CHURCH OPEN SPACE: REQUIRED: 30% PROVIDED: 30% (WITHIN THE OVERALL PUD) PRESERVE: REQUIRED: 0±ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0±ACRES TREE PRESERVATION: REQUIRED: SUBJECT TO LDC 3.05.07.B PROVIDED: SUBJECT TO LDC 3.05.07.B 0 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 HOUSING MPUD SCALE: 1111 0.Cradv M snn d lssuclHlrn.r.�. Iv i i JOB cone: �i a y inoi anaa In Url NeF FWlllly Springn.Flvr00 3�13A EXHIBIT C BATE Civil Engineers . Land Surveyors . Planners •. Landscape Architects MASTER PLAN NOTES FI E NAME: Cert.or Ault.000005151 Cert.of Auth.LB 0005151 Business LC 20000266 REVISED 04/03/2025 IF nou nAPP 202s-0,-t9- Bonire Springs:3a9.917.114-0 ll u 0.(;radn 1(innr.rnm Colt Mvel•s:239.G90.a380 SHEET 2 OF 2 i �, ! A2 t 7 t`: - (n)SE0 ✓ m— . 111 i : i g ii- i•Nz I e : ty .; ! o ( 1i ;I: I I •x , I 1iad 1,a W a 133.O CD) •�_"(7).lZ'G91 I i. 1 I . .�De i I 1 f �s1- ai ��' • w42 1 7 ' ' ^, uyhi e g <7 i zt al AH6?6.$,.8-4 1-4 l oGi (a) ) fo era..( lL'G41- .N. ma t ' ,Af1- E . ,1ft3 I T '—' S x y `� ?R 1 w n` I 1 �� f i i. ' 1 I alpn •. 1 ZA < !i ;j. II .1-LOt- r ifY,.M.. I' . _ wl v i e 1 11 10:-: of Q, b>" Revised to reflect r� 114 eE a. 5s itl May 11, 2004 10;1- Board Action E Cill,\,,. 21 01 EXHIBIT"B" LEGAL DESCRIPTION PROPERTY DESCRIPTION: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSPIiP 46 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/ SOUTHEAST I/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, CE: . 00°00'20"W.,ALONG THE WEST LINE OF THE NORTHWEST 1/•. .I SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION ,(SA is LINE ALSO BEING THE CENTERLINE OF 11TH STREET NORTH DIST• E OF 194.68 FEET;THENCE N.89°50'40"E.,PARALLEL WITH ORTH L ':OF THE NORTHWEST 1,4 OF THE SOUTHEAST 1/4 OF THE II . • S SAID SECTION 33,A DISTANCE OF 30.00 FEET TO ' I EAS ' •F-WAY LINE OF SAID 11TH STREET NORTH AND THE P' OF B G 1• OF THE PARCEL OF LAND HEREIN DESRIBED;THENCE C UE N.89' "E., ALONG LAST SAID LINE,A DISTANCE OF 8.71 ; T;THENCE N. I I W.,PARALLEL WTTII THE WEST LINE O. •E NOR ST 1/4 OF SOUTHEAST 1/4 OF THE SOUTHWEST • no • M ON 33,A DIST 'CE OF 460.42 FEET;THENCE N.89°50'40"E.,A ' I - "O THE WEST LINE OF THE EAST 163 FE THEN. • SOUTHEAST 1/4 OF THE SOU /4 OF SA►. ON 33; 1 NCI'.S. 00°01'00"E.,ALONG SAID W. LINE,A DISTANC 5.24 I,h±T TO THE SOUTH LLNE OF THE NOR EST 1/4 OF THE SO /4 OF THE SOUTHWEST 1/4 OF SAID S: ION 33;THENCE S.89°5 I 'W.,ALONG SAID SOUTH LINE,A DIS'•NCE I 7.21 FEET TO WE LINE OF THE NORTHWEST 1/4 C E SO ' ST 1/4 OF aUTHEAST 1/4 OF THE SOUTHWEST 1/• IS SE •THENCE I 1°00'45"E.,ALONG:AID WEST LINE,A DIST' •F 333.:• • SOUTH LINE OF THE NORTHWEST 1/4 OF THWE I SOUTHEAST 1/4 OF THE SOUTHW ' 4 OF SA is ' ON 33;THENCE S.89°54'32"W.,ALONG SAID SO - S"'ANCE • 1.26 FEET TO THE EAST RIGHT-OF-WAY LIN SAID STREET CE N.00°00'20"W.,ALONG SAID E• 'IGHT-OF A LINE,A D • CE OF 528.23 FEET TO THE 1'OIN'1'OF ' G. NTA I 423,933 S•• -. FEET OR 7.44 ACRES,MORE OR LESS. 22 _) c\ 0,4' 4 / - •kv„ / .X.\ P.LW,.133NL3 WNW lif 3 ^— • 133 iic W!on 1 1 I I F O ` 1 m U aYON OLf0 it/ll�"' g s MLitt ' 1 1 I r i a_ WYW 133i1t1 Wail — �N i� ,�I igi� g !1 1 '' 7 MAIM 1l 14 UL L13YL$ WI(MTI I o W• - OM 'O Y 'IL ... MEM& MAO Q - AIM -^ . yaw. A el 4 , -1, .., CV 14 7 a. ! _ I: a. o J. a tim _ a _...... flg, i,44,': •ii. . : is 1..... ry �' l � I II mam j�1��. 'M Q — •r ',, N--1 i1 V ,W.,.' ins IIIO . �. ..iiS■ if J [ -1.r I N ji 1I= 23 *rill, III t =�=ii l��; j1 • I I•• j ti`.1IL,. -�,� r 14113,!ilk �J .1 1:1,,,,,,„1•.i i di r r ,: LIIIIii ' IMi1 Mil 1 1 P:,,, Iiili'II , 4161/4 .'4, !. IIa ilti111 -''' IA EiskilefleiL.0' ii i �,i .h.. .: I I MN!MON OHM I , , P 11 V4 itIli I I W001 -I, _ II -i' j �- sir :: ___N I1' -- , I • I i1 p17 1 4 cif" I tf.w► •fir, . , 24 0 d` 0 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 purch. - a of real property described as(complete legal description) See attached legal description 1111111.1 Collier County, Florida (The "Property"). legal a suitable ers include Henry Allen Fish. It is the Developers inten o co truct a maxi , • 119 residential units (the "Units") at a density of 16 uni •ro - •n th- 'roperty. The gross acreage of Property is 7.44 acre num., • afford. . e Units constructed by Developer shall be 119 , repres ting 100 perce e total number of residential Units in the development. B. In order to c t the the eloper must obtain a density bonus from the Commissi.• or the rty as provided for in the Collier County Affordable Housing Dens' :onu dinance -89, now codified by Ordinance 93-89, § 3, as Land Develop Co. - . .7., which density bonus can only be granted by the C 'on a 'lized by he developer in accordance with the strict limitations a ' ability of sai. ions. C. he Commission is willing to grant a density bonus to the Developer authorizing th ruction of 59.52 affordable bonus Units on the Property, if the er agre s to construct affordable Units as specified in this Agreement and the Develo covenants and agrees to use the affordable units only as rental property. OW, 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 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 referen• erein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the ._ (1) Defined terms: In the event of a conflict betw- erms . .efined in - LDC or in Ordinance No. 90-89, Section 4, the definiti. . of th= LDC will . • r.l when applying or interpreting this Agreement. In addit n t. -s- .- et er and the applicability of LDC § 2.7.7.4.5., "Phasing" sh can (a) • ase• onstruction of buildings or structures in separate and dis ' t sta s as shown • 'UD master plan, subdivision master plan or site development pments where phased construction is not depicted on master subdi ision master plan or site development plan, the constructi of buildings or st res in a clearly defined series of starts and finishes that e sep and distin ithin the development. (2) Base Rent. onth t for the affordable Units shall be in accordance with • •ts spec n the attached Appendix A, Exhibit A. The monthly rent may be . reased :oh year f he date of this Agreement as long as the rent does no xce- e - - of 30 percent of an amount which represents 50 perc (fo very to ome), and 60 percent (for low income) of the then applicable dia 'usted gross - ual income for the household as published annually by the ciii. . Dep nt of Housing and Urban Development for the area defined as the Naples Metrop n Statistical Area (MSA). The foregoing notwithstanding, any rent for an affordable housing unit rented to a low income or very low income family shall n xceed 90 percent of the rent charged for a comparable market rate dwelling i ame 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 0 _ 2_ .'r c.) 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 to ncome) in accordance with this Section. The Developer shall be responsible for qualifying t- ce. qg applications from tenants, verifying income and obtaining i e c- ' ation • . affordable units in the subject development. All a. cations, forms 'd other documentation required by this Agreement shall be •r•vi. o • •u g a'. Urban Improvement Director. Qualification by the Devel• of any t&- • as an gible tenant family shall be subject to review and appr. :I in . ordance wi monitoring and enforcement program created and adopted b • .mmission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A p ntial tenant shall . y to the developer, owner, manager, or agent to qu as or very income family for the purpose of renting and occupying an dable ntal unit pursuant to the affordable housing density b• •rogra . e Preliminary Application for Affordable Housing Unit shall be •vided • the Hous nd Urban Improvement Director as shown in Appendi , E • _ . this Agreement and incorporated by reference here' Income V- ation and Certification. No affordable housing Unit in the de lopme all be rented to a tenant whose household income has not been verified and certified i ccordance with this Agreement and Ordinance No. 90-89, as , as a low or very low income family. Tenant income verification and certific n 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 - 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 A• ation for Affordable Housing Unit and Affordable Housing Applicant Income Verification . ,the Developer shall require than an income certification form be exe• -• -I tenant (including the entire household) prior to rental and oc• -ncy o •e afforda• - housing unit by the tenant. Income certification shall ass • that t■e potenti- c pant has a low or very low household income which qu fies •• :I • up. t as an eligible family to rent and occupy an affordab ousing u nder - affordable housing density bonus program. The Afford e Ho ing Applican .me Certification form shall be provided by the Housin and irector as shown in Appendix B, Exhibit C, attached thi Agree and in orporated by reference herein. (e) Rental Agre ent. A inimum, t rental agreement shall include the following: (i) na • , - •ss, an hone number of the head of household and all • -r occu. nts; (ii) cripti. • he unit be rented; (iii the , • - he re -mount; the use . - premises; monitoring . enforcement provisions, including disqualification of tenant; and (vii) rights and obligations of the parties. Random pection of files containing required documentation to verify cy in accordance with this Agreement and Ordinance No.90-89, as amended, may be nducted 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- 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 co • 'ance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall b- -d on or before September 30 of each year and the report shall - - Developer to the Housing and Urban Improvement Director 'lure . •mplete - submit the monitoring report to the Housing and Urba prov-ment Dir: .r within sixty (60) days from the due date shall result in a p alt • lars '.50.00) per day unless a written extension not to excee rty (30) • is re. ted prior to expiration of the sixty (60) day submission dline o more tha - such extension may be granted in a single year. (7) Occupancy Restricti . o Affor Unit in any building or structure on the Property shall be occupie the Developer, person related to or affiliated with the Developer, or by siden ager. 3. Density Bon The hereby acknowledges that the Developer has m= "quired itions to qualify for a density bonus, in addition to the base res.• tial de ity of 8 d is therefore granted a affordable housing density b us o -s units per acre, for a total (total = density bonus units r acre X gr. -creage) of 59.52 density bonus units, pursuant to Collier nt rdable Hous s Density Bonus Ordinance No. 90-89. The Commission u er agr at the Developer may construct thereon, in the aggregate a maximum number of 1 units on the Property provided the Developer is able to secure ermit(s)from Collier County. 4 Commission Agreement. During the term of this Agreement, the ssion 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- 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 Improveme irector or by any other persons pursuant to the authority which is delegated to the the Ordinance. Collier County or its designee shall have ful .wer to enforce erms of this Agreement. The method of enforcement for a br ach . 'ol. • .f A eement shall be at the option of the Commission by nal enfo •ent p .uant to the provisions of Section 125.69, Florida Statu , or civil enforc- t as allowed by law. b. Notice of Vio on or Co force nt Board Proceedings. Whenever it is determined that t e is a violation o s Agreement that should be enforced before the Cod nforc nt Board, n a Notice of Violation shall be issued and sent by the Ho and ovement Director by certified return- receipt requested 'ail, or delivery to the person or developer in violation of the Ordinanc= e Noti. of Violati all be in writing, shall be signed and dated by the Hous. an. t Director or such other County personnel as may be a orized by th- -rd of County Commissioners, shall specify the violation or atio ection of thi Agreement or of Ordinance No. 90-89 or subsequent m ndmen reto violated, name of the Housing and Urban Development Director, and date and ti hen the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintai he affordable units in accordance with this Agreement or with Ordinance No. 9 , 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- 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 th. .greement is for any reason held invalid or unconstitutional by any court of competent ju 'ction, such portion shall be deemed a separate, distinct, and indepen. -iii,. -II other provisions shall remain effective and binding on the pa ' 8. Notice. Any notices desired or required to given nder this eement shall be in writing and shall either be personally .-live r b ent .y mail, postage prepaid, to the parties at the following a.. .ses: To the Commission: Collier my nancial Admi ration & Housing Dept. 2:' . Ho -oe0 • •ap - , Florio- 04 To the Developer: ' mokalee Senior .sing, Ltd. 0 E. Center ee • , Ohio , 401-1806 Any party may cha.- e addr o which notices are to be sent by notifying the other party of such • addr- in the m et forth above. 9. A. ity • - he parties hereto acknowledge that the Director of Collie o y Ho • and Urban Improvement or his designee, shall have the a o monitor and - .rce the Developer's obligations hereunder. ca 10. demnify. The Developer hereby agrees to protect, defend, indemnify nd hold Colli unty and its officers, employees, and agents harmless from and any and all claims, penalties, damages, losses and expenses, professional fees, in ding, without limitation, reasonable attorney's fees and all costs of litigation gments 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- PO G 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 in to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall b e • and be maintained as the type of affordable housing rental un. w or low inco designated in accordance with this Agreement for at le fiftee (15) ye rom the date of issuance of a Certificate of Occupancy for su h u ft n 5) ars this Agreement may terminate upon a date mutually ed upon e pa ' and stated in writing. 15. Modification. This Agreement s mended only by the written agreement of both parties. 16. Discrimination. a. The velop grees th neither it nor its agents shall discriminate against any to r pot because of said tenants race, color, religion, sex, natio- in, fam tatus, or handicap. the De er advertises, rents, sells or maintains the affordabl ousi -rtise, rent, sell, and maintain the same in a non- discr' atory mann- •d shall make available any relevant information to any person is sted in renti •r purchasing such affordable housing unit. The Developer agrees to be responsible for payment of any real estate commiss and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segreg d 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- 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 ch phase and shall be constructed as part of each phase of the development on the erty. Developer commits to 100 percent affordable housing units fort ' h 0 percent of the units in each phase as built consisting of afford units. 18. Disclosure. The developer shall not disclo o per ons, oth han the potential tenant, buyer or lender of the particular affo dab us' it uni , which units in the development are designated as affor.. housing 19. Consistency. This Agreeme and uthorized d ment shall be consistent with the Growth Management PI. - - -+ment regulations of Collier County that are in effect at t' im- of dev- • ent. S .sequently adopted laws and policies shall apply to this A -ement and to th- elopment to the extent that they are not in conflict the ••er, type affordable housing units and the amount of affordable housin sity b. •- .ved for the development. 20. Aff.• Housi ensity Bonus Development Agreement. This Agreement i distinc' nd separ greement from development agreements as defined hap . • at. (1989) and as amended. 1. Preapp 'on. Developer has executed and submitted to the elo t Services ector the Developer Application for Affordable housing ensity Bo a copy of which is attached to this Agreement as Appendix C and incorporated by erence herein. Governing Law. This Agreement shall be governed by and construed in accord ce 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- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:. -, • ,.;" DWIGH f E•. BR©C ;Grk BOARD F COUNTY COMMISSIONERS COL COUNTY, FL RIDA Stttcft,as 's 444*, By: DONNA FIALA, Chair an Approved as to form and legal sufficiency: �� "IRAIl Patrick G. W ite Assistant County Attorney DEVELOPER: IMMOKALEE SE HO By: Che I L. ckersham As Se /Treasurer, UCCXIV, Inc. Ge al Partner of Immokalee for Housing, LTD Contract Purchaser Witnesses: (PRI SIGN S BELOW) TEO OUNTY O- ) e oing Agreement Authorizing Affordable Housing Density Bonus And Imposing Cove is 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- APPENDIX A,EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME(60%MI) Efficiency 1 Bedroom 113 2 Bedroom 6 400 3 Bedroom 4 Bedroom TOTAL 119 VERY LOW INCOME(50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom iiiiitimpe 4 Bedroo 41\ie TO L VER ERY LOW E(35%MI) E cy 1 Bedro Bedroo _ 3 droom Bedroom TOTAL (1) Base residential density allowed in this development 8 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 %. - 11 - t,, 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 det 'ne the amount of the affordable housing density bonus which may be granted for evelopme sed on household income level, number of bedrooms per affordable housing r e housing units (owner-occupied or rental, single-family or multi-family) pe affordable housing units in the development. To use the affordable ' g den bonus rating system,Tables A and B,below, shall be used. Tables A and B I be reviewed pdated if necessary on an annual basis by the Board of County Commis • •ers or i .esignee. First, choose the household income level (mode •, low, , low) o - affordable housing unit(s) proposed in the development, an• type o •rdabl- ousing units (owner-occupied or rental, single-family or multi amil here applic. .e provided, as shown in Table A. Then, referring again to Ta• •, ch e the number .edrooms proposed for the affordable housing unit(s). An affor.ab us • •. s rating based on the household income level and the number o ooms own r . After the affordable housing d sity bonus rating h. • determined in Table A, locate it in Table B, and determine the perc of that type of affor :.le housing unit proposed in the development compared to the stal n r of dwells units in the development. From this determination,Table B will ' .te the ' tum nu r of residential dwelling units per gross acre that may be added to the .. •ensity. ional residential dwelling units per gross acre are the maximum . fordable 'ng densi onus(AHDB)available to that development. Developments wit• tages o ..rdable housing units which fall in between the percentages sho- on Tab : shall rec. affordable housing density bonus equal the lower of the two per -s it li .etween plu /10th of a residential dwelling unit per gross acre for each addit' al pe - ousing rental units in the development. For example,a develop ich •4% of its .tal residential dwelling units as affordable housing units, and h has an affor. - housing density bonus rating of"four" will receive an affordable ho n sity bonus (- .) of 4.4 residential dwelling units per gross acre for the lopm Where n one type of affordable housing unit (based on level of income and number of bedroo shown in Table A) is proposed for a development, the affordable housing •- ' .onus fo each type shall be calculated separately in Table B. After the affordable .• sity bonus calculations for each type of affordable housing unit have been completed in Table the affordable housing density bonus for each type of unit shall be added to those for th- oth. ype(s) to determine the maximum affordable housing density bonus available for the d- .ment. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. - 12- APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below.Attach additio ,1 pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BO US ' • N LEVEL NUMBER OF B ' '00 STUN! OF HOUSEHOLD INCOME EFFICIEN :R AND 1 MORI, MODERATE(OWNER-OCCUPIED, 0 1* SINGLE-FAMILY) LOW(OWNER-OCCUPIED OR REN 2 4 SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW(OWNER OC D 0 RENTAL,SINGLE-FAMIL MULTI-FAMILY) 3 4 5 *For cluster h• - develo ents in the an Coastal Fringe, add 1 density bonus to obtain 2. TABLE : ORDABLE HOUSING DENSITY BONUS ITIONAL • AILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE SING %OF AFFORDABLE HOUSING UNITS Y BON 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- CAO 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 $65,000 Naples,MSA(Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 100% 45,500 52,000 58,500 65,000 70,200 75,401 80,600 85,8 80% 36,400 41,600 46,800 52,000 56,150 60 64,5 ' 68,650 60% 27,300 31,200 35,100 39,000 42,100 ,.-1 8, . 5 00 50% 22,750 26,000 29,250 32,500 35,100 7,700 400 42, 1 35% 15,925 18,200 20,475 22,750 24,57 6,390 3 0 25% 11,375 13,000 14,625 16,250 1 550 8,850 20, ,450 RECOMMENDED The Florida Housing Finance Corporal' (F C)calc rents to use in the State Apartment Incentive Loan(SAIL)and the Low-I .me Rental Housin redit(LIHTC)programs. The rents given below are based on 2001 . from FI-IFC. Utilit osts are provided from the County's Section 8 Rental As ' ance am which i• • inistered by the Collier County Housing Authority. HO G CO ASED • ' 30%FAMILY INCOME O. BED• 1 M TWO OOMTHREE BEDROOMFOUR BEDROOM T U UNIT UNIT 100% 1,21: 1,462 1,690 1,884 80°/ 975 1,170 1,351 1,507 O 731 877 1,014 1,131 O 609 731 845 942 3 0 426 511 591 659 25% 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LO TION UNIT UNIT UNIT UNIT Na es and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev.4/01 - 14- CA0 APPENDIX B,EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt.Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co-Tenant Name Race/National Origin: Handicap: Yes No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Addre Landlord's Address: Street City State Zi. If you have resided at your present address less than 3 years,please revio .dress: Street City St Zi Tele. - No. Name of Previous Landlord Street City Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Pr oyer: Job Title Gross Sa • Hou ., Every 2 Weeks$ Monthly$ Soci ecurity Numbe Birth Date --- P io loyers Name Address and Te ow to with Previous Employer Job Title CO-T ANT: Pr t Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly$ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job"Title - 15- r, -`Qf} NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 2. 3. PERSONAL REFERENCES(Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: (SIS • - 16- (2, APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for an apartment at partments. 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 i e from p ' ns, stocks, bonds, real property rent, sale or ownership is a fraudulent Knowingly falsifying information on this form is cause for refusal of o cupan I hereby certify that this will be my permanent residence an -tat I have no assisted housing. I understand that this information is for the purpo f com my an income to determine my qualification to rent/buy an affordable ing unit. ersta that I am not required to surrender my ownership or rights or ci .ned p perty,pensio pital gains,etc. Co-Tenant ount quenc mount Frequency Received Received of Pay Wages/Salary $ $ $ $ Bonuses \SS $ $ $Tips $ $ $ Commissions $ $ $ Interest Income $ $ $ Trust Fund Income $ $ $ Unemployment $ $ $ Workman's C ation $ $ Welfare $ $ $ $ Food St $ $ $ $ Soci urity $ $ $ $ S ity Disability $ $ $ $ leme SI $ $ $ $ a y Assi $ $ $ $ ild Support $ $ $ $ Veterans Benefits $ $ $ $ enefits $ $ $ $ ton ion $ $ $ $ Self-Em yment Business, S' ent ner,etc. $ $ $ $ Pr nsurance 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- 7, APPENDIX B,EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, ,hereby authorize the release of informatio •uested (Applicant) on this verification form. Sign• . e o Applicant STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was acknowledged before by Witness my hand and official seal this d•• ,2001. Notary Public My Commission Expires: EMPLOYER VER i N Applicant's Gr. 'nual Inc a or Rate or : $ Number• rs . (Wee' • . Frequency of Pay: A • • Bonuses,Tips, -r Compensation Received: $ $ Monthly Annually Supervisor ST OF FLO'. DA ) )ss COUN F COLLIER) he foregoing was acknowledged before me by Witness my hand and official seal this day of ,2001. Notary Public My Commission Expires: 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- 0 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 Hou ' d Urban Improvement Director. • All items requested must be provided. 1. Please state what zoning districts are proposed by the appl' , any,on roperty and the acreage of each; PUD—7.44 Acres 2. Has an application for rezoning been re d in n'unction with e affordable housing Density bonus? X Yes No If yes,state date of application i 1-03 and if •e re est has been approved,state the Ordinance number 3. Gross density of the props •evelop 16 units/acre. Gross acre. _ o 'reposed . o•ment. 7.44 acres. 4. Are af'. e hous • .ensity bo .s units sought in conjunction with an application for a planne• .evel• . t(P II . Yes No. If y-se state name . • tion of the PUD and any other identifying information. lee Senior H.usin:PUD 11`h Street North Immokalee FL 5. • e of applicant United Church Homes Name of land developer if not 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 Owner Unit Rental Occupied Efficiency - 19- '"; 'D One Bedroom 113 Two Bedroom 6 Three Bedroom Other Bedroom TOTAL 119 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Own Rental Occupied Rental O• ie MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 41111111181r 3 Bedroom Other TOTAL LOW INCOME(60%MI) Efficienc • diiiiimpe_ 1 B droo 59.52 edr om 6 oom Other TOTAL 119 59.52 Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY LOW INCOME(50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom -20- (') a 0 Other TOTAL Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY-VERY LOW INCOME(35%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. Please provide a physical des tion of the affords its by type of unit (moderate, low, very low income) and b umbe edrooms. ude in your description, for example, the square footage of each type it, flo used throughout the unit(carpeting,tile, vinyl flooring); wi. •atment liances provided such as washer/dryer, dishwasher, stove, refriger• bathroo amenities, as ceiling exhaust fans; and any other amenities as applicable ttach ' i• . P 'l consist of . bedroom and 2 two-bedroom apartment units in a two-story ator ',lg. All unit• ill serve the low-income elderly population. The units will have th gh w Inci resistance heating and air conditioning. Floor coverings will consist of rpeting in ' i room and bedrooms and vinyl flooring in the kitchens and baths. Window coverin ill be mini-blinds. The kitchens in all units will include a range, range h d refrig ator. There will be ceiling exhaust fans in the bathrooms. Each unit will a ceiling fan light fixture. The apartment building will include a coin-operated laundry ility for resident use. Phase 2 and/or 3 will be of a similar nature. oom units are 576 square feet and two bedroom units are 739 square feet. 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 - a: STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in d for the Twentieth Judicial Circuit, Collier Count , i o ere certify that the foregoing is a true c of : ORDINANCE N . 04 Which was adopted by e Board of ty Commissioners on the llth day of May, 2004, ing Regu ar sion. WITNESS my hand the seal of the Board of County Commissi of Co r County, Florida, this 13th day of May, 200 DWIGHT E. BROCK CI;IS Clerk of Courts and Clerk Ex-officioto. Board of County _Commi,�ioners n �. } •n .{ - /fir • By: Akin ;Jenniejahn, -Dtput :lei* �\ J tt N1.4?` FLORIDA DEPARTMENT OfSTATE RON DESANTIS CORD BYRD Governor Secretary of State April 29, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-24, which was filed in this office on April 29, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270