Ordinance 2000-035ORDINANCE 2000- 3 5
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 1612S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS HABITAT PLACE PUD,
REPLACING 115 RECREATIONAL VEHICLE LOTS WITH
A MAXIMUM OF 100 SINGLE-FAMILY AFFORDABLE
HOUSING LOTS, FOR PROPERTY LOCATED ON THE
SOUTH SIDE OF U.S. 41, APPROXIMATELY 3 MILES
EAST OF S.R. 951, IN SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 20.20+ ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 91-91, THE FORMER
EAST TRAIL RV PARK PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of McAnly Engineering and Design Inc., representing Habitat for
Humanity of Collier County, Inc., petitioned the Board of County Commissioners to ~'~.~-~ge,~tI~e zoning
classification of the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 12, Township
51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the Habitat Place PUD Document, attached hereto as Exhibit "A,"
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map
numbered 1612S, as described in Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 91-91, known as the East Trail RV PUD, adopted on September 24, 1991
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this o~ day of ~ ~ ,2000.
MaOoriOM. Stuc~ht'
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C~A
J. coNSeNTIng,
This ordinance filed with the
Secretary of $tote's Office the
and acknowledgerrnent of that
filing received this ~a~,day
of ey '~~
G:/admin/PUD-91-05(1 )/DM/im
2
HABITAT PLACE
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING HABITAT PLACE,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11550 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34113
PREPARED BY:
MEANLY ENGINEERING AND DESIGN, INC,
5435 PARK CENTRAL COURT
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section II
Section Ili
Section IV
Legal Description, Property Ownership and General Description
Project Development
Residential Development Standards
Development Commitments
i
ii
I-1
II-1
III-1
IV-1
,LIST OF EXHIBITS, A~D ,TABLES
EXHIBIT A
EXI-IIBIT B
TABLE I
PUD MASTER PLAN
AGREEMENT AUTHORIZING
AFFORDABLE HOUSING DENSITY
BONUS AND IMPOSING COVENANTS
AND RESTRICTIONS ON REAL
PROPERTY
PROJECT LAND USES
i
STATEMENT OF COMPLIANCE
The development of approximately 20.20-t- acres of property in Collier County as a Planned Unit
Development to be known as Habitat Place will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The residential and
recreational facilities of Habitat Place PUD are 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:
The subject property for development is within the Urban Mixed Use District/Urban Coastal
Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective 1
of the Future Land Use Element (FLUE), and the uses contemplated are consistent
therewith.
The Project is proposed to be an affordable housing, single-family residential development.
The Density Rating System of the FLUE provides for 3 dwelling units per gross acre when
a proposed project is within the Traffic Congestion Boundary, as depicted on the Future
Land Use Map. Given the unpracticable opportunity to interconnect with adjacent
properties, due to an existing R.V. park to the West, the 100' wide water management
canal (COO35) on the Fiddler's Creek property to the South, and the existing First Haitian
Baptist Mission of Naples to the East, it is not appropriate to subtract a density point from
this Project's development opportunity. An Agreement Authorizing Affordable Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property (Exhibit B), is
attached to, and made a part of this PUD document. Although only 1.95 dwelling units per
gross acre density bonus is being utilized, the Project being 100% very low income housing
is eligible for 8 dwelling units as a density bonus (refer to Appendix "C" in Exhibit B). This
density bonus of 1.95 dwelling units per gross acre added to the base density of 3 dwelling
units per gross acre provides for a gross project density of 4.95 dwelling units per acre. The
proposed density of the Habitat Place PUD is 4.95 units per gross acre, which is less than
what is provided for by the FLUE Density Rating System, and is therefore consistent with
the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan.
By virtue of the fact that this PUD provides for affordable housing for very low income
families in three bedroom single-family homes, this PUD development serves to implement
Objective 1.5 of the Housing Element.
The development will be compatible with and complementary to existing and planned
surrounding land uses.
The development of the Habitat Place PUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
Future Land Use Element.
The Habitat Place PUD is consistent with and furthers Policy 5.5 of the Future Land Use
Element in that it is using existing land zoned for urban uses.
The Habitat Place PUD implements Policy 5.6 of the Future Land Use Element in that more
than 60% of the Project will be reserved for open space purposes.
The Master Development Plan, with its open space areas, and with its moderate residential
density, will ensure that the developed Project will be an attractive and enjoyable residential
development.
ii
SECTION I
PROPERTY OWNERSI~P AND DESCRIPTION
1.1
1.2
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 Habitat Place PUD.
LEGAL DESCRIPTION
A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier
County, Florida, be'rag more spec'dieally described as follows:
From the intersection of the South line of Section 12, Township 51 South, Range 26
East, Collier County, Florida, with the Southwesterly Right-Of-Way line of State Road
#90 (U.S. Route 41, Tamiami Trail), run N 54021' W, along said Right-Of-Way line for
1,500.00 feet to the POINT OF BEGINNING: thence S 35°39' W, for 400.00 feet;
thence S 54021' E, parallel with said Right-Of Way line, 500.00 feet; thence S 35°39' W,
for 319.9 feet, to the South line of Section 12; thence S 89054' W, along said South line,
for 1,232.18 feet; thence N 35039' E, for 1,439.79 feet to the aforesaid Right-Of-Way;
thence S 54021' E, along said line for 500.00 feet to the POINT OF Beginning,
containing 20.198 acres, more or less, but subject to all legal highways.
1.3
1.4
PROPERTY OWNERSHIP
The subject property is owned by Leo Petronzio, Marion B. Amato, and John
Cologiovanni. Habitat for Humanity of Collier County, Inc. is a contract purchaser of the
property.
PHYSICAL DESCRIPTION
The Development property is located in the South half of Section 12, Township 51 South,
Range 26 East. The proposed Project site is presently undeveloped, but has been utilized in
the past for row-crop agriculture. Historically, timbering and cattle grazing have occurred
on the property. The majority of the property's jurisdictional wetlands have been infested
with the exotic species Melaleuca, Brazilian pepper, and downy rosemyrtle. The property is
generally without topographic relief, with elevations ranging from 5.0' to 5.3' above mean
sea level. Approximately 20 percent of the site contains areas of jurisdictional wetlands
which are characterized as transitional wetlands in which the predominant vegetation is a
mix of pine and cypress and associated upland and wetland plants. The water management
system consists of approximately 14:1: acres of open space which will receive runoff from
structures, roads and parking areas. Runoff is collected by catch basins and culvert systems
for conveyance to water management detention areas for water quality treatment, with the
proposed outfall to be at the Project's northwest corner into the U.S. 41 Right-of-Way.
The outfall will continue in a northwesterly direction which connects to the U.S. 41 Outfall
Swale No. 1, with ultimate outfall to Ma¢Ilvane Bay. Allowable discharge rates for U.S. 41
is 1.0 cfs. The controlled perimeter of the water management system will be maintained at
an elevation of 7.25' NGVD.
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1.5
1.6
PROJECT DESCRIPTION
The Habitat Place PUD shall be a single-family residential development for very low income
families. Although the Project will not be amenitized like an up-scale residential
development, there will be the possibility to provide areas for social and recreational space.
Access to the property will be from U.S. 41.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
SHORT TITLE
This Ordinance shall be known and cited as the "Habitat Place Planned Unit Development
Ordinance."
I-2
SECTION H
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
2.2
2.3
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
Habitat Place PUD Development, as well as other Project relationships.
GENERAL
Regulations for development of the Habitat Place PUD shall be in accordance with
the contents of this document, PUD-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.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Habitat Place PUD shall become part of'the regulations
which govern the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the, provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which comprises this PUD.
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, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan, Final Plat approval, or building permit issuance
applicable to this Development.
DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
The project Master Plan, including layout of streets and use of land is iljustrated
graphically by Exhibit "A," PUD Master Plan.
TABLE I
PROJECT LAND USE
TYPE UNIT$. ACREAGE:t;
RESIDENTIAL 100 20.2
II-1
In addition to the various areas and specific items shown on Exhibit "A," such
easements as necessary (utility, private, semi-private) shall be established within the
Project as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 100 residential dwelling units may be constructed in the total Project area.
The gross Project area is approximately 20.20 acres. The gross Project density, therefore,
will be a maximum of 4.95 dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
Prior to Final Local Development Order issuance for all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to ensure compliance with the PUD Master Plan and
the Collier County Land Development Code.
Bo
Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the 'land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
Do
Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.6 USE OF RIGHTS-OF-WAY
ho
All platted project streets shall be public and shah be classified as local streets.
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, prior to installation for engineering and
safety considerations.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A," as provided for in Section 2.7.3.5. of the Collier
County Land Development Code. Minor changes and refinements as described in
Section 7.3.C. of this PUD document may be made in connection with any type of
development or permit application required by the Collier County Land
Development Code.
II-2
2.9
2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
2.10
2.11
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the Habitat Place POD.
Whenever the Developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest of all of the subsequent
purchasers of residential units or real property within Habitat Place PUD, the Developer
shall provide appropriate legal instruments for the establishment of a property owners'
association, or master condominium association, whose function shall include provisions for
the perpetual care and maintenance of all common facilities and open spaces, subject further
to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code.
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Habitat Place PUD. Fill
material generated may be stockpiled within areas designated for residential development.
Prior to stockpiling in these locations, an application for clearing and filling in accordance
with Section 3.2.8.3.6. of the Land Development Code, along with plans showing the
locations and cross-sections shall be submitted to Collier County Engineering Services for
review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: Thirty-five (35) feet
C
Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level. If fill is spread to a height less than four (4) feet over residential
development areas, no fencing is required.
Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code.
REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Habitat Place PUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the Developer shall obtain such permits prior to final development order
approval.
NATIVE VEGETATION RETENTION REQUIREMENTS
The Habitat Place POD property lies within the area designated for development pursuant
to the 1982 "Deltona Settlement Agreement." The provisions of Section 3.9.5.5. of the
Collier County Land Development Code do not apply to the development of this PUD;
however, the Developer commits to retaining as much naturally occurring native vegetation
as practicable.
II-3
2.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code and shall be the standards of development for the PUD.
Thenceforth, development in the area delineated as the PUD District on the Official Zoning
Atlas will be governed by the adopted development regulations and PUD Master Plan.
11-4
SECTION m
RESIDENTIAL DEVELOPMENT
3.1
3.2
3.3
PURPOSE
The purpose of this Section is to identify specific development standards for the Habitat
Place PUD and the land uses which may be depicted on the PUD Master Plan, Exhibit "A."
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of Development plan review, but shall not exceed 100 dwelling units.
USES PERMITTED
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.
Bo
Principal Uses:
1) Single-Family detached dwellings.
Accessory Uses:
2)
3)
s)
Customary accessory uses and structures including, but not limited to,
private garages, and swimming pools with or without screened enclosures.
Utility facilities and/or easements (including right-of-way easements).
Signage (see Section 4.10 of this document).
Water management facilities.
Project recreation facilities; administrative offices, which may occur in
recreational buildings and/or in a temporary building until such time as
permanent structures are available.
3.4
DEVELOPMENT STANDARDS
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure. Homeowners' association
boundaries shall not be utilized for determining development standards.
Bo
MINIMLrM LOT AREA: 3,500 square feet.
AVERAGE LOT WIDTH: 50 feet.
Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less
than 80% of the required average lot width at the front setback line.
1II-1
MINIMUM YARDS (Principal Structures):
Front Yard: 20 feet,
Side Yard: 7.5 feet. Side yards which abut the PUD boundaries shall be 15 feet.
Rear Yard: 20 feet. Rear yards which abut the PUD boundaries shall be 25 feet.
Minimum Distance Between Structures: 15 feet.
MINIMUM YARDS (Accessory Structures):
Front Yard: Same as principal structure.
Side Yard: Same as principal structure.
Rear Yard: Detached: 20 feet. Rear yards which abut the PUD boundaries shall
be 25 feet.
Attached: 10 feet. Rear yards which abut the PUD boundaries shall
be 25 feet.
MINIMUM FLOOR AREA: 1,000 square feet.
OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
MAXIMUM HEIGHT: 20 feet.
III-2
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
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code, Division 3.2 shall apply to this
Project even if the land within the PUD is not to be platted. The Developer, his successor
and assigns, shall be responsible for the commitments outlined in this document.
The Developer, his successor or assignee, shall follow the Master Development Plan and
the regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title to
the Developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a condominium/homeowners' association to be created by
the Developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments.
4.3 PUD MASTER DEVELOPMENT PLAN
Exhibit "A," PUD Master Plan iljustrates the proposed Development and is
conceptual in nature. Proposed parcel, or land use boundaries, or special land use
boundaries shall not be construed to be final, and may be varied at any time at 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.
Bo
All necessary easements, dedications, or other instruments shall be granted to ensure
the continued operation and maintenance of all services and all common areas in the
Project.
The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Habitat Place PUD Master Plan upon written request of the Developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Habitat Place PUD document.
The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
4.4
4.5
4.6
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses, or
water management facilities.
2)
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 4.3.C. 1) of this document:
Reconfiguration of water management facilities, where such changes are
consistent with the criteria of the South Florida Water Management
District and Collier County.
b. Internal realignment of roadways.
c. Reconfigurafion of residential parcels.
3)
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4)
Approval by the Administrator of a minor change or refinement may occur
independently from and prior to any application for Subdivision (if required),
or Site Development Plan approval; however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
applicable County permits and approvals.
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
TRANSPORTATION
Prior to the issuance of the first Certificate of Occupancy, and subject to Florida
Department of Transportation approval, the developer shall provide a eastbound
right turn deceleration lane for the project's entrance on U.S. 41.
WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Detailed paving, grading and site drainage plans shall be submitted to the South
Florida Water Management District (SFWMD) for the 60-day review as prescribed
by the 1982 "Deltona Settlement Agreement."
4.7
UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Ao
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
4.8 ENVIRONMENTAL
4.9
4.10
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Ao
Environmental permitting shall be in accordance with the requirements of the U.S.
Army Corps of Engineers, the South Florida Water Management District, and the
1982 "Deltona Settlement Agreement," and be subject to review and approval by
Current Planning Section Staff. '
go
The Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service CLISF&WS) and the Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to "listed species." Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Current Planning Section Staff for review
and approval prior to final site plan/construction plan approval.
Go
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Current Planning Section Staff for review and approval prior to Final Site
PlarffConstmction Plan approval. A commitment to scheduling of initial exotic
removal within all the preservation areas shall be a part of this Plan.
The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development
order approval.
ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for a construction site office and model center.
SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code.
4.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Habitat Place PUD. The following standards shall apply:
A. Landscape benns shall have the maximum side slopes:
1) Grassed berms 4:1
2) Ground-covered berms 3:1
3) Rip-rap berms 1:1
4) Structural walled benns may be vertical
Fence or wall maximum height: 9 feet, as measured from the finished grade of the
ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constructed on a perimeter
landscape herin. In these cases, the fence or wall shall not exceed 6 feet in height
from the top of herin elevation with an average side slope of greater than 4:1 (i.e.
3:1, 1:1, or vertical).
Go
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas.
IV-4
I: I HA~A? {W.A~ l
:: ......
EXHIIHT "B"
AGREEMENT AUTHORIZING ~ORDABLE HOUSING
DENSITY BONUS. AND IMPOSING COVENANTS AND
.RESTRICTIONS ON REAL, PROPERTY
THIS AGREEMENT is made as of the ,,~,~e,.. day of ~7~/o,e~ , 2000, by and between
H0bitat for Humarfi.'.ty.of Collier Co.unty, Inc., the ("Developer") and the Collier County Board of
County Commissioners (the "Commission").
RECITALS:
A. The Developer owns a tract of real property described as (complete legal description)
A parcel 0f. la0.d .1 .ying within Se.cti. on 12, To .wnship 51 South, Range 26 East, Collier County,
Florida,_ being more specifically described as follows:
From the intersection 0fthe South line 9f S.ec6on 12, T0.wnship 51 South, .Range 26 East, Collier
County, Florida, wit. h the. Sooth.w..e.ste. rly Right-Of-Way line of.S.t.ate Road #90 (U.S. Route .41,
T .amiami Trail), run N 54°2.1.~ W, &o0g said Right-..OfrWay line for 1..,500.00 feet to the POINT
OF BEGINNING: thence S 35039' W. for 400.00 feet; thence S 54021' E, parallel with said
Right-Of Way line, 5..00.00 fe. et; thence S 35039' W, for 3!9..9 feet,.to the South .line of Section
!2; .thence S 89°54' W, along said South line, for 1.,232,18 feet; ~ence. N,35.°.39.~ E, for 1,439.79
feet to the aforesaid Right, Of-Wa_v; thence S 54021' E, along said line for 500.00 feet to.the
POINT OF Beginning. containing 20.198 acres, more. or less, but subject to all legal hi_~!ways.
(The "Property") The legal and equitable owners include: Leo Petronzio, Marion B. Amato, .and.
John Cologiovanni.
It is the Developer's intent to construct a maximum of 100 residential units (the '~Units") at a
density of 4.95 units per gross acre on the Property. The gross acreage of Property is 20.19
acres. The number of affordable Units constructed by Developer shall be ! 00.., 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, which density bonus can only be granted by the Commission in
accordance with the strict limitations of said Ordinance.
C. The Commission is willing to grant a density bonus to the Developer authorizing
the construction of 39 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 density bonus
of 1.95 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:
Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2.
more than 100
Developer Agreements. The Developer hereby agrees that it shall construct no
affordable Units which Units shall be sold in accordance with the terms and
conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and Exhibit
B, which Appendix is incorporated by reference herein and constitutes a part of this Agreement.
Units at the Property which are not an affordable Unit ('~vlarket Rate Units") shall be exempt
from the provisions of this Agreement and may be leased or rented by the Developer on the terms
and conditions acceptable to the Developer in its sole discretion. Within forty-five (45) days
of the date that notice is received from the Commission, the Developer shall provide on-site
management to assure appropriate security, maintenance and appearance of the development and
the dwelling Units.
a. The following provisions shall be applicable to the affordable Units:
(1) Definitions. Any and all definitions provided by Ordinance No.90-89, as amended,
are hereby incorporated by reference.
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.
2
(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 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 tenantg 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.
(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 purchasing and occupying
an affordable housing unit pursuant to the affordable housing density bonus program. The
Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban
Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and
incorporated by reference here'm.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold 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
3
date of application. The verification shall be valid for up to ninety (90) days prior to occupancy.
Upon expiration of the 90 day period, the information may be verbally updated from the original
sources for an additional 30 days, provided it has been documented by the person preparing the
original verification. ARer 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 form, the 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:
(i) name, address, and telephone number of the head of household and all other
occupants;
(ii)a description of the unit to be rented;
(iii)the term of the lease;
(iv)the rental amount;
(v) the use of the premises;
(vi)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, 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 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
4
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
3__units per acre, and is therefore granted a density bonus of 1.95 density bonus units per acre,
for a total (total = density bonus units per acre X gross acreage) of 39 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 100 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. 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
5
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 violations, 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 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 jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
remain effective and binding on the parties.
8. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the
parties at the following addresses:
To the Commission:
To the Developer:
Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
Habitat for Humanity of Collier County, Inc.
11550 East Tamiami Trail
Naples, Florida 34113
6
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 Flmitation,
reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful
misconduct or negligent act, error or omission, or liability of any kind made by Developer, its
agents or employees, arising out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall be
binding upon the Property and against every person then having any ownership interest at any
time and from time to time until this Agreement is terminated in accordance with Section 14
below. However, the parties agree that if Developer transfers or conveys the Property to another
person or entity, Developer shall have no further obligation hereunder and any person seeking to
enforce the terms hereof shall look solely to Developer's successor in interest for the performance
of said obligations.
12. 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
Cefffficate of Occupancy for such unit. After fit~een (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.
7
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.
d. The affordable housing units in the development shall be identified on all
building plans submitted to the County and described in the Developer Application for Affordable
Hous'mg Density Bonus.
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 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.
8
20. Affordable Housing Density Bonus Development Agreement. This Agreement is a
distinct and separate agreement from developmere 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.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreemere to be executed as
,." :,,~":11:i' ': oft~ day and year first above written.
ATTEST: ~
DWIGHTE. BROCK, Clerk
Attest as to Chairman's
BOARD OF CO~LO~viMiSSIONERS
COLLIER~,J~TY, FLORIDA
DEVELOPER
Habitat for Humanity_.of. Eo!lier County, Inc.
Dr. S~JDurso, M.D., President
Approved as to form and legal sufficiency:
D Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
WITNESS my hand and official seal this
day of ,2000.
Notary Public
9
RENTAL
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
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
lOO
lOO
(1) Base residential density allowed in this development 3 units/acre.
(2) Gross acreage 20.2
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 1.95 units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 4.95 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
10
,,APPENDIX A,, EXHIBIT B
,AFFORDABLE Hous ,INGDENS ,ITY 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 unit(s) proposed in the development, and the type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). 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 rat'mg 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 1/10th 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 hous'mg 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 determine 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.
11
APPENDIX At EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMS/UNIT
EFFICIENCY 2 3 OR
AND 1 MORE
MODERATE (OWNER-OCCUPIED,
SINGLE-FAMlI.Y)
LOW (OWNER-OCCVPIED OR RE~rrAL
SINGLE-FAMILY OR MULTI-
FAMmY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMII.Y OR
MULTI-FAMH.Y)
0 1' 1'
2 3 4
3 4 0
*For duster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING
DENSITY BONUS RATING
% OF AFFORDABLE HOUSING UNITS
10% 200/0 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 ·
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
12
APRES, mx A, EX Im T c
INCO ,ME ,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.
$59,100
MEDIAN INCOME 1999
Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
100% 41,400 47,300 53.200 59,100 63,800 68,600 73,300 78,000
80% 33,100 37,800 42,550 47,300 51,050 54,850 58,650 62,400
60% 24,840 28,380 31,920 35,460 38,280 41,160 43,980 46,800
50% 20,700 23,650 26,600 29,550 31,900 34,300 36,650 39,000
RECOMMENDED RENTAL RATES
The Florida Hous'mg 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 1999 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% FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 1,108 1,330 1,536 1,714
80% 886 1,063 1,229 1,371
600/0 665 798 921 1,029
50% 554 665 768 857
LOCATION
Naples and Coastal
Collier County
Immokalee and East of
Everglades Blvd.
Golden Gate
UTILITY ALLOWANCES
ONE BfR TWO B/R THREE B/R FOUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
67.00 106.00 148.00 173.00
96.00 144.00 186.00 211.00
YOU MUST DEDUCT U ,TILITIES TO CALCULATE NET RENTS.
ffdensitybonus/inc&reat rev. 2/99
13
APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: . .. Amt. Of Sec. Deposit:~
Race/National Origin: Handicap: Yes __ No __
Race/National Origin: Handicap: Yes~ No
No.
Name of Landlord
Landlord's Address:
Street City State Zip Telephone
How Long at this Address:
Street City State Zip Telephone
No.
If you have resided at your present address less than 3 years, please state previous address:
Street
Telephone No.
Name of Previous Landlord
City State Zip
Street
Telephone No.
APPLICANT:
Present Employers Name
City State Zip
Address and Telephone
No.
How long with Present Employer:
Title
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Weekly $
Job
Every 2 Weeks $
Birth Date
Monthly $
Address and Telephone
No.
How long with Previous Employer
CO-TENANT:
Present Employers Name
Job Title
Address and Telephone No.
How long with Present Employer:
Job Title
14
Gross Salary: Hourly $ Weekly
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
NAMES OF, ALL...W, BO W,ILL OCCUPY, ApARTMeNT
1.
Every 2 Weeks $
Birth Date
Job Title
BroTH DA~!~ sex
AGE
Monthly $
SOCIAL SECURITY
,P,E ,RS,,ONAL REFERENCES,,(Not Relatives)
1. Name: Address:
2_~_ Name: Address:
How Long Known:
How Long Known:
15
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name::
Present Address:
Social Security Number
Social Security Number
Street City State Zip Telephone No.
I hereby make application for an apartment at Apartments.
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted housing.
I understand that this information is for the purpose of computing my annual income to determine
my qualification to 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.
Aoolicant Co-Tenant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $__ $
Bonuses $ $ $ $
Tips $ $ $__ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $__ $__ $
Social Security $ $ $ $
Social Security Disability $ $ $__ $
Supplemental SSI $ $ $__ $
Family Assistance $ $ $__ $
Child Support $ $ $__ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
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.
16
APPENDIX B, EXHIRIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
APPLICANT:
Present Employer: Job Title:
Address:
Street
(Applicant)
on this verification form.
City State Zip
, hereby authorize the release of information requested
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by.
Witness my hand and official seal this
Signature of Applicant
day of ,1998.
My Commission Expires:
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Kate or Pay: $
Number of Hours Worked (Weekly):~ Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly Annually
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
Supervisor
day of . . . ,1998.
My Commission Expires:
Notary Public
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEARS
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
j dff/densitybonus/appb
17
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
18
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 :54104. 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, Planned Unit Development (East Trail R.V. Park)
20.20 acres
Density bonus?
X Yes
If yes, state date of application
the Ordinance number
Has an application for rezoning been requested in conjunction with the affordable housing
No
and if the request has been approved, state
3. Gross density of the proposed development. 4.95 units/acre.
Gross acreage of the proposed development. 20.20 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
ff yes, please state name and location of the PUD and any other identifying information.
East Trail R.V. Park PUD to be rezoned to Habitat Place PUD, located in the
South Half of Section 12, Township 51 South, Range 26 East, Collier County, FL
Name of applicant Habi.tat for Humanity of Collier County, Inc..
Name of land developer if not the same as Applicant:
TABLE I
Type of
Unit
Efficiency
One Bedroom
Please complete the following tables as they apply to the proposed development.
Total Number of Units in Development
Owner
Rental Occupied
Two Bedroom
19
Three Bedroom
Other Bedroom
TOTAL
TABLE II
100
100
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner Owner
Rental Occupied Rental Occupied
MODERATE INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
TABLE II (Continued)
3 Bedroom
Other
TOTAL
VERY LOW INCOME
Efficiency
1 Bedroom
Total Number of
Affordable Units
in Development
Rental Owner
Occupied
Proposed Use for
Density Bonus
Units
Rental
Owner
Occupied
20
2 Bedroom
3 Bedroom
Other
TOTAL
100
100
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages.
Habitat for Humanity of Co!Her County, Inc. builds only style house. The house is 28 feet deep
by 38 feet wide with no garage or carport. The houses are for very low income families only.
There are three bedrooms and one bathroom. The bathroom has two sinks, one toilet, one tub,
one medicine cabinet and two towel racks. The units have central air conditioning and one
ceiling fan in the living room. They are well insulated with RI9 ceilings and R11 walls. There
is vinyl tile floor coverings throughout. Habitat provides the homes with brand new
WhirlpoolTM refrigerator, stove, washer and dryer. LevelorTM blinds are standard in the
bedrooms and bathroom. The houses are wood frame construction and vinyl siding.
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
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. 2000-35
Which was adopted by the Board of County Commies '~/~D~.er~on
the 23rd day of May, 2000, during Regular Session.
WITNESS my hand and the official seal of the Boar~f
County Commissioners of Collier County, Florida, this 2~_~'~
of May, 2000. ~-~
DWIGHT E. BROCK
Clerk of Courts and Cl~rk
Ex-officio to Board 0f '
County Commissioners ~ i :', .
By: Ellie Hoffman,
Deputy Clerk