Ordinance 2000-077ORDINANCE NO. 2000- 7 7
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 NUMBER 8627S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE
BRITTANY BAY APARTMENTS PUD LOCATED ON THE
WEST SIDE OF COLLIER BOULEVARD (C.R. 951),
APPROXIMATELY 4/5 OF A MILE SOUTH OF IMMOKALEE
ROAD (C.R. 846) INSECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 58.6 ± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, Inc.,
representing Sandspur Housing Partners, Ltd., petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissi0n~rs
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located i ~rt3S-~ti6ff 27,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" to "PUD"
Planned Unit Development in accordance with the Brittany Bay Apartments PUD Document,
attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas
Map numbered 8627S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this o~ g~/h day of/V'o ~cr',a~r~,2000.
:.'". A..~TTEST:..
-' ..,, .,' i~ k', ~.q/ !;"~ '.~ ~ "
.5 :.. , ,r ,,.:" . i
,/ ). Appro ed ~ to Fore
~d Legal Sufficiency
Marjot41e M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES
This ordinance filed with the
S.ecretary of StoJe's Office the
~ day of ~,~---,
and acknowledgement of that
filing r~ceived this ~ day
of ~,
g/admin/PUD-00-14/DM/im
-2-
BRITTANY BAY APARTMENTS PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
DEBORAH S. JOHNSON
SANDSPUR HOUSING PARTNERS, LTD.
1551 SANDSPUR ROAD
MAITLAND, FLORIDA 32751
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
and
JEFF L. DAVIDSON, P.E.
DAVIDSON ENGINEERING, INC.
1720 J. & C. BOULEVARD, SUITE C
NAPLES, FLORIDA 34109
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
DATE FILED June 16, 2000
DATE REVISED October 20~ 2000
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC ~'o~-~
ORDINANCE NUMBER
EXHIBIT "A"
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
RESIDENTIAL AREAS PLAN
PRESERVE AREAS PLAN
DEVELOPMENT COMMITMENTS
PAGE
ii
III
1
3
6
9
14
15
ii
EXHIBIT "A"
EXHIBIT "B"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN
II!
STATEMENT OF COMPLIANCE
The development of approximately 58.6+ acres of property in Collier County, as a
Planned Unit Development to be known as the Brittany Bay Apartments PUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The residential facilities of the Brittany Bay
Apartments PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
o
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
o
The project is considered entirely within the Residential Density Band of the
Urban Residential Mixed Use District around the Immokalee Road - Collier
Boulevard Activity Center, on the Future Land Use Map. The project is
designated as an Affordable Housing Density Bonus project. The projected
density of 8.16 dwelling units per acre is in compliance with the Future Land Use
Element of the Growth Management Plan based on the following relationships to
required criteria:
Affordable Housin,q Project Within Residential Density Band
Base Density 4 dwelling units/acre
Activity Center Density Band +3 dwelling units/acre
Affordable Housing Density Bonus+8dwellin,q units/acre
Maximum Permitted Density 15 dwelling units/acre
Requested density = 8.16 dwelling units/acre
Maximum permitted units = 58.6 acres x 15 dwelling units/acre = 879 units
Requested dwelling units = 478
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
1.1
1.2
1.3
1.4
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
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 Brittany Bay Apartments PUD.
LEGAL DESCRIPTION
The subject property being 58.6+ acres, is located in Section 27, Township 48
South, Range 26 East, and is fully described as:
A. The South 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 of
Section 27, Township 48 South, Range 26 East, less the East 100 feet for
road right-of-way, Collier County, Florida.
B. The South 1/2 of the South 1/2 of the Southeast 1/4 of Section 27,
Township 48 South, Range 26 East, less the East 100 feet thereof for
road right-of-way, Collier County, Florida.
PROPERTY OWNERSHIP
A. The subject property is owned by:
James R. Jude, M.D. and Sallye G. Jude, 200 Edgewater Drive, Suite
#609, Coral Gables, Florida 33133.
B. The subject property is under purchase contract by:
Sandspur Housing Partners, Ltd., Attn.: Deborah S. Johnson, 1551
Sandspur Road, Maitland, Florida 32751.
GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the western side of Collier Boulevard
(formerly C.R. 951), approximately 4/5 mile south of Immokalee Road
(unincorporated Collier County), Florida.
B. The entire project site currently has Agricultural Zoning and is proposed
to be rezoned to PUD.
1.5
1.6
1.7
PHYSICAL DESCRIPTION
The project site is primarily located within the Harvey Drainage Basin according
to the Collier County Drainage Atlas. The proposed outfall for the project is to
the east to a new swale along the western side of Collier Boulevard.
Natural ground elevation varies from approximately 11.7 to 13.6 NGVD; average
site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone
"X" with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
ultimate discharge into the Island Walk PUD lake system.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation with a peak discharge rate per
Collier County and $FWMD rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum.
Site vegetation consists predominantly of Pine Flatwoods except for a Melaleuca
invaded transitional wetland area near the west portion of the property.
PROJECT DESCRIPTION
The Brittany Bay Apartments PUD is a project comprised of a maximum of 478
residential units. One hundred twenty-eight of these residential units are
projected to be developed as an Affordable Housing Density Bonus rental
apartment project and the remaining three hundred-fifty units as a typical multi-
family project. Recreational facilities and other facilities and services will be
provided in conjunction with the dwelling units. Residential land uses,
recreational uses, and signage are designed to be harmonious with one another
in a natural setting by using common architecture, quality screening/buffering,
and native vegetation, whenever feasible.
SHORT TITLE
4
This Ordinance shall be known and cited as the "Brittany Bay Apartments
Planned Unit Development Ordinance".
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
Regulations for development of the Brittany Bay ApartmentsPUD 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 issuance of any development order to which said
regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the 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 graphic material presented depicting
restrictions for the development of the Brittany Bay Apartments PUD shall
become part of the regulations which govern the manner in which the
PUD site may be developed.
All applicable regulations, unless specifically waived through a variance
or separate provision provided for in this PUD Document, shall remain in
full force and effect.
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 Collier County Land Development Code at the
earliest, or next, to occur of either Final Site Development Plan approval,
2.3
Final Plat approval, or building permit issuance applicable to this
development.
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
2.4
2.5
2.6
A maximum of 478 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 58.6+ acres. The gross project density
shall be a maximum of 8.16 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
The general configuration of the land uses are iljustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the Land Development Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
7
Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
So
All other provisions of Division 3.5, Excavation of the Land Development
Code shall apply.
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 478
units.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
a) Carports are permitted within parking areas.
b) Garages are permitted at the edge of vehicular pavement.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
9
Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
Water management facilities, including such facilities within any
Native Habitat Preserve Areas.
Recreational facilities, such as boardwalks, walking paths and
picnic areas, within any Natural Habitat Preserve Areas, after the
appropriate environmental review.
Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
Any other accessory use deemed comparable by the Development
Services Director.
3.4 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the
Brittany Bay Apartments PUD. Front yard setbacks in Table I shall be
measured as follows:
If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
10
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
SINGLE-FAMILY
7,000 Sq. Ft.
60' Interior
(1)
Front Yard Setback
Side Yard Setback
I Story
2 Story
3 Story
Rear Yard Setback
Principal Structure 20'
Accessory Structure 10'
PUD Boundary Setback
Principal Structure 20'
Accessory Structure 20'
Lake Setback (4) 20'
Wetland Preserve Area Setback 25'
Distance Between Structures
Main/Principal
1-Story
2-Story
3-Story
Accessory Structures
Maximum Height:
Principal Building
Accessory Building
Minimum Floor Area
Lots
70' Corner Lots
20'
0' & 12' or both 6'
0' or both 1/2 BH
0' or both 1/2 BH
TWO-FAMILY
5,000 Sq. Ft.
90' Interior Lots (1)
(45')(2)
110' Comer Lots
(55')(2)
20'
0' & 12' or both 6'
0' or both 1/2 BH
0' or both 1/2 BH
20'
10'
20'
20'
20'
25'
10' 10'
15' 15'
20' or SBH 20' or SBH
10' 10'
35' and 2 stodes35' and 2 stories
20'/Clubhouse 35'20'lClubhouse 35'
1200 Sq. Ft. 1100 Sq. Ft.
MULTI-FAMILY
NA
NA
NA
15'
Greater of 7.5' or 1/2 BH
Greater of 10' or 1/2 BH
Greater of 12.5' or 1/2 BH
20°(3)
10'
(1) May be reduced on cul-de-sac lots.
Greater of 20' or BH
10'
20'
25'
15'
20'
20' or SBH
10;
45' and 3 stories
20'/Clubhouse 35'
1 bedroom = 600 Sq. Ft.
2 Bedroom = 750 Sq. Ft.
3 Bedroom = 900 Sq. Ft.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) All 3-story buildings shall be set back a minimum of 90' from Collier Boulevard right-of-way.
(4) Lake setbacks are measured from the control elevation established for the lake.
Note: "BH" refers to building height and "SBH" refers to sum of the building heights.
11
B. Off-Street Parkin.q and Loadin.q Requirements:
Go
Do
Parking shall be as required by Division 2.3 of the Land Development
Code in effect at the time of building permit application.
Open Space/Natural Habitat Preserve Area Requirements:
A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site for any residential project.
A minimum of 11.39 acres of natural habitat areas shall be
provided on-site, including both the under-story and the ground
cover emphasizing the largest contiguous area possible. These
natural habitat areas shall consist of at least 6.49 acres of native
vegetation that is retained on-site as shown on the PUD Master
Plan and up to 4.9 acres of native vegetation that is replanted
elsewhere on-site, as described in Sections 3.9.5.5.3 of the Land
Development Code.
Landscapin.q and Buffering Requirements:
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those
preserve areas.
Landscaping and buffering shall be provided per Division 2.4. of
the Collier County Land Development Code.
No chain link or wood fencing shall be utilized along Collier
Boulevard or within 100 feet of the Collier Boulevard right-of-way.
Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include: a similar architectural design
and use of similar materials and colors throughout all of the buildings,
signs, and fences/walls to be erected on all of the subject parcels.
Landscaping and streetscape materials shall also be similar in design
throughout the subject site. All roofs, except for carports, shall be peaked
and finished in tile, metal, or architecturally-designed shingles (such as
Timberline).
12
F. Signs
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code.
13
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "^", PUD Master Plan.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
o
Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, may be approved after
Planning Services Environmental Staff review. All supplemental
plantings within the Preserve Areas may be 100% indigenous
native species.
Any other use deemed comparable in nature by the Development
Services Director.
14
5.1
5.2
5.3
SECTION V
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD, in effect at the time of Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County Land Development Code 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 PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subject to the commitments within this Agreement.
PUD MASTER PLAN
Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, 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 Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from time to time.
So
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.
15
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
5.5
5.6
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in two or
three phases.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
ENGINEERING
This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
So
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2., Subdivisions and Division 3.3., Site
Development Plans.
WATER MANAGEMENT
A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the SDP submittal.
A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
An Excavation Permit will be required for the proposed lake(s) in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules. All road impact fees must be paid prior to
removal of material from the site.
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected. The setback is measured from the top of the bank. Nothing
may be placed within the required 20-foot lake maintenance easement.
16
5.7 UTILITIES
5.8
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
TRAFFIC
5.9
The applicant shall be responsible for the installation of arterial level
street lighting at any project entrance onto Collier Boulevard, prior to the
issuance of any Certificates of Occupancy or Compliance.
Road Impact Fees shall be paid in accordance with Ordinance 2000-56,
as amended, and shall be paid at the time building permits are issued
unless otherwise approved by the Board of County Commissioners.
The project shall provide an interconnection to the abutting property to the
north if deemed feasible by the Collier County Development Services staff
during the site development plan review process.
Sidewalks shall be provided along Collier Boulevard and internally within
the Project.
The Project shall dedicate up to sixty-five (65) feet of land to Collier
County, located adjacent to Collier Boulevard, for the future widening of
Collier Boulevard. The Project shall receive impact fee credits for this
dedication and the land shall be dedicated at the earlier of construction
plan approval or within ninety (90) days of being requested to make the
dedication in writing by Collier County. Dedication procedures shall be as
described within Section 2.2.20.3.7 of the Land Development Code.
PLANNING
5.10
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
ENVIRONMENTAL
17
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
So
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Staff.
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 Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
18
P
I:l m.e~m. I PARtIERS, L'10.I~:"l :,~.i
eOiaT.,. :_
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the ~ day of ,2000, by and between Sandspur
Housing Partners, Ltd., 1551 Sandspur Road, Maitland, Florida 32751 (the "Developer") and the Collier
County Board of County Commissioners (the "Commission").
RECITALS:
A.
1.
The Developer is a contract purchaser for a tract of real property described as:
The South one-half(S 1/2) of the North one-half(N 1/2) of the South one-half(S 1/2) of the
Southeast one-quarter (SE 1/4) of Section 27, Township 48 south, Range 26 East, less the East 100 feet for
purposes of road right-of-way, together with 100% oil, gas and mineral rights thereto; and the South 2 of the
South 2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East 100 feet thereof
for road right-of-way, both parcels situated and lying in Collier County, Florida, (The "Property").
2. The legal and equitable owners are James R. Jude, M.D. and Sallye G. Jude, (the "Owners")
200 Edgewater Drive, Suite #609, Coral Gables, Florida 33133. The Property is under purchase contract by
Sandspur Housing Partners, Ltd., 1551 Sandspur Road, Maitland, Florida 31751. It is the Developer=s intent
to construct a maximum of 478 residential units (the "Units") at a density of 8.16 units per gross acre on the
Property. The gross acreage of Property is 58.6 +/- acres. The number of affordable Units constructed by
Developer shall be 128, representing 26.78 percent of the total number of residential Units in the development.
3. The Developer has a purchase contract to acquire the Property that is the subject of this
Agreement from the Owners. As such, this Agreement can not, and does not become effective until the earlier of
the following conditions has occurred:
a. The Developer purchasing and closing on the Property, or
b. The Owners joining in and executing this Agreement.
Prior to recording this Agreement, the Developer must demonstrate compliance with either of the above
1
provisions.
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 accor~ce with the strict
limitations of said O~:dinance.
C. The Commission is willing to grant a density bonus to the Developer authorizing the
construction of 67 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 1.16 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 fellows:
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 128 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, Exhibit A, Exhibit B, and Exhibit C, which Appendix is incorporated by
reference herein and constitutes a part of this Agreement. Units at the Property which are not an affordable Unit
("Market 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 definitions set forth in Section 4 of Collier County Ordinance No. 90-69 apply to
the terms of this Agreement, as applicable.
2
b. The following provisions shall be applicable to the affordable Units:
(1) 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) 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.
(3) Eligibility and Qualification of Tenant. Family income eligibility is a three-step
process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided
under the affordable housing density bonus program prior to being qualified at the appropriate level of income
(low or very low income) in accordance with this Section.'
The Developer shall be responsible for qualifying tenants by accepting applications from tenants,
verifying income and obtaining income certification for all affordable units in the subject development. All
applications, forms and other documentation required by this Agreement shall be provided to the Housing and
3
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 enforceright 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 renting and occupying an affordable housing rental unit
pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable
Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B,
Exhibit A, attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the development shall be
rented to a tenant whose household income has not been verified and certified in accordance with this
Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income
verification and certification shall be repeated annually to assure continued eligibility.
(c) Income Verification. The Developer shall obtain written verification from the potential occupant
(including the ent'u'¢ household) to verify all regular sources of income (including the entire household). The
most recent ycar's federal income tax return for the potential occupants (including the entire house, hold) 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
signatory 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, the information may be verbally updated from the original
sources for an additional 30 days, provided it has been documented by the person preparing the original
verification. After this time, a new verification form must be completed. The Affordable Housing Applicant
Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit
and Affordable Housing Applicant Income Verification form, the housing unit under the affordable housing
density bonus program. The Affordable Housing Applicant Income Certification form shall be provided bythe
4
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
other occupants;
(ii) a description of the unit to be rented;
(iii)the term of the lease;
(vi) thc 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 partics.
Random inspection of files containing required documentation to vcrify occupancy in accordance with
this Agreement and Ordinance No. 90-89, as amended, may bc conducted by the Housing and Urban
Improvement Director.
(4) 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 era 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
evcntuality shall be expressly detailed in the lease agreement between Developer and tenant.
(5) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of
affordable housing rental units throughout the period of their construction, rental and occupancy. The annual
progress and monitoring report shall, at a minimum, provide any information reasonably required to insure
compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban
5
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.
(6) 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, orby
a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required
conditions to quali~ for a density bonus, in addition to the base residential density of 7 units per acre, and is
therefore granted a density bonus of 1 ~ 16 density bonus units per acre, for a total (total = density bonus units per
acre X gross acreage) of 67 density bonus units, pursuant to Collier County Affordable Housing Density Bonus
Ordinance No. 90-89. The Commission further agrees that the Developer may ¢oustruet thereon, in the
aggregate a maximum number of 478 units on the Property provided the Developer is able to secure building
permit(s) fi'om 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 ~foree the terms of this Agreement The method
6
of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal
enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a
violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be
issued and sent by the Housing and Urban Improvement Director by certified return-receipt requested U.S. Mail, or hand-
delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be
signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authodzecl by
the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No.
90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and
time when the violator shall appear before the Code Enforcement Board.
c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in
accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission,
building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full compliance with this
Agreement and with Ordinance No. 90-89, as amended.
6. Assignment by Commission. The Commission may assign all or part of its obligations under
this Agreement to any other public agency having jurisdiction over the Property provided that it gives the
Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise
transfer all or part of its 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
7
and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following
a(]~CSSCS:
To the Commission: Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer:Sandspur Housing Partners, Ltd.
c/o Deborah S. Johnson
1151 Sandspur Road
Maitland, Florida 32751
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 Developer=s
obligations hereunder.
l 0. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County
and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses
and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of
litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or
liability of any kind made by Developer, its agents or employees, arising out of or incidental to fiae performance
of this Agreement.
I I. Covenants. The Developer agrees that all of its obligations hereunder shall constitute
covenants, restrictions, and conditions which shall run with the !and 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. The Developer may at its option, designate a portion of the
Property to be set aside to meet the affordable units requirement set forth in this Agreement. The Developer
shall be limited to the construction of 350 units on the portion of the property not designated to meet the
affordable units required by this Agreement. To evidence the Developer--s election to designate a portion of the
property to meet the affordable units requirement, the Developer may record a notice in the official record of
8
T
Collier County identifiding the portion of the property designated to meet the affordable units requirement.
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 ofigsuance of a Certificate of Occupancy for such unit.
After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and
stated in writing.
Modification. This Agreement shall be modified or amended only by the written agreement of
15.
both parties.
16.
Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate against
any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or
handicap.
b. When the Developer advertises, rents, sells or maintains the affordable
housing unit, it must advertise, rent, sell, and maintain the same in a non-discriminatory manner and shall make
available any relevant information to any person who is interested in renting or purchasing such affordable
housing unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rental or purchase of affordable units.
9
d. The affordablc housing units in the development shall bc identified on all
building plans submitted to the county and described in the Developer Application for Affordable Housing
Density Bonus.
¢.
from, the market rate dwelling units in the development.
f. The squarc footagc, construction and dcsign of the affordablc 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. 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.
18. 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.
19. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and
separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as
amended.
The affordable housing units shall be intermixed with, and not segregated .
10
20. Proapplication. 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.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
22. 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 this 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.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as ofth~ day and
yearfirst~above written.
-: ~:" ."~'~+~ DW~GHT~,E~. BROCK, Clerk
~ ~' .~ , ,.- · .
'" .....
Approv~ ~ to fo~ ~d legal sufficient:
Pa~ck G. ~ite
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
11
Witnesses:
DEVELOPER
Sandspur Housing Partners, Ltd.
Print Name
Print Name
Print name:
.(rifle)
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 IJy , as
of Sandspur Holdings, Ltd..
WITNESS my hand and official seal this ~ day of
,2000.
Notary Public
My Commission Expires:
12
APPENDIX A~ EXHIBIT A
NUMBER OF AFFORDABLE HOUSING RENTAL 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
(1)
(2)
(3)
(4)
(5)
64
26
12
102
- $715.00
- $802.00
- $881.00
16 $583.00
6 $649.0O
4 - $710.00
26 - -
Base residential density allowed in this development: 7 units/acre.
Gross acreage: 58.6 +/-.
Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89:6.89 units/acre.
Gross residential density of this development (including affordable housing density
bonus units) 8.16 units/acre.
Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 26.78 %.
13
APPENDIX A~ EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for and the tables
with which to calculate the density bonus for a particular project. Exhibit C contains the current median income
and acceptable rents for low and very low income households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount of the affordable
housing density bonus which may be granted for a development based on household income level, number of
bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or
multi-family) and percentage of affordable housing units in the development. To use the affordable housing density
bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable housing 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.
Al~er the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and
determine the percent of that type of affordable housing unit proposed in the development compared to the total
number of dwelling units in the development. From this determination, Table B will indicate the maximum number
of residential dwelling units per gross acre that may be added to the base density. These additional residential
dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that
development. Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies
between plus 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 housing density bonus calculations for each type of
affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit
shall be added to those for the other type(s) to 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.
14
APPENDIX A~ 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-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI-FAMILY)
0 1' 1'
2 3 4
3 4 5
*For cjuster 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% 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
Please calculate your density bonus in the space provided below. Attach additional pages if necessary.
See attached Density Bonus Calculation.
15
DENSITY BONUS CALCULATION
LOW INCOME
#Bedrooms #Units. Bonus Rating
2 BR 64 3
3 BR 26 4
4 BR 12 4
TOTAL #LOW INCOME UNITS
102
Bonus Units
2.7
1.6
.75
VERY LOW INCOME #Bedrooms
#Units
Bonus Rating
Bonus Units
2 BR 16 4 1
3 BR 6 5 .5
4 BR 4 5 .34
TOTAL #VERY LOW INCOME UNITS 26
TOTAL POTENTIAL AFFORDABLE HOUSING BONUS UNITS PER ACRE
REQUESTED AFFORDABLE HOUSING BONUS UNITS PER ACRE
6.89
1.16
16
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.
$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 Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive
Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below
are based on 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
UNIT UNIT
UNIT
THREE THREE BEDROOM
UNIT
100% 1,108 1,330 1,536 1,714
80% 886 1,063 1,229 1,371
60% 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 B/R TWO B/R THREE B/R ~OUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
67.00 106.00 148.00 173.00
96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS,
APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
17
Date Occupancy Desired:
Deposit:__
Your Name:
Date of Application:
Amt. Of Sec.
Race/National Origin: Handicap: Yes__ No
Co-Tenant Name
Race/National Origin: Handicap: Yes ~ No
Present
Address:
Telephone No.
Name of Landlord
Street City State Zip
How Long at this Address:
Landlord=s
Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous
address:
Street City
No.
Name of Previous Landlord
State Zip Telephone
Street City
No.
APPLICANT:
Present Employers Name
State Zip 'Telephone
Address and Telephone
No.
How long with Present Employer:
Title
Gross Salary: Hourly $
$
Social Security Number
Weekly $
Job
Every 2 Weeks $__
Birth Date
Monthly
Previous Employers
18
Name
Address and Telephone
No.
How long with Previous Employer
Title
Job
CO-TENANT:
Present Employers
Name
Address and Telephone
No.
How long with Present Employer:
Title
Gross Salary: Hourly $
$
Social Security Number
Weekly $__
Job
Every 2 Weeks $
Birth Date
Monthly
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job
Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT I[IIRTH DATE
s~.x fi{;E
,S, ,OCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
19
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 Brittany Bay 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 Panner, etc. $__ $ $ $
Private Insurance Pension $__ $ $ $
TOTAL ANNUAL INCOME
$ $ $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM
YEAR=S INCOME TAX RETURN FOR EACH OCCUPANT WHO
OCCUPY THE AFFORDABLE UNIT.
OF THE MOST RECENT
HAS FILED AND WILL
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAII.URE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
20
APPLICANT:
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Present Employer:
Address:~
Street
(Applicant)
on this verification form.
Job Title:
city
State Zip
hereby authorize the release of information requested
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
Signature of Applicant
The foregoing was acknowledged before me by
Witness my hand and official seal thisday of
,2000.
Notary Public
My Commission Expires:
EMPLOYER VERIFICATION
Applic~mt=s Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly): Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly
$
Annually
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
Supervisor
,2000.
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.
21
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89,
Section 6.4, please complete this form and submit it with any accompanying documentation to the Development
Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the
Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each;
PUD - 58.6 +/- acres.
Density bonus? X
If yes, state date of application
number N/A
3.
Has an application for rezoning been requested in conjunction with the affordable housing
Yes No
6/16/00 and if the request has been approved, state the Ordinance
Gross density of the proposed development: 8.16 units/acre.
Gross acreage of the proposed development: 58.6 +/- acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Brittany Bay Apartments PUD on the western side of CR-951, approximately 4/5 miles south
of Immokalee Road, unincorporated Collier County.
5. Name of applicant: Sandspur Housing Partners, Ltd.
Name of land developer if not the same as Applicant: same
6. Please complete the following tables as they apply to the proposed development.
22
TABLE I Total Number of Units in Development
TABLE H
Type of Owner
Unit R~ntal Occupied
Efficiency - -
One Bedroom 62 -
Two Bedroom 215 -
Three Bedroom 145 -
Other Bedroom 56 -
TOTAL 478 -
Number of Affordable Housing Units
MODERATE INCOME
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner Owner
Renta.! Occupied Rental Occupied
LOW INCOME
Efficiency
I Bedroom
2 Bedroom
TOTAL
64 -
26 -
12 -
102 -
64
26
12
102
23
Total Number of
Affordable Units
in Development
Rental
Owner
Occupied
Proposed Use for
Density Bonus
Units
Rental
VERY LOW INCOME
Efficiency - .
I Bedroom - .
2 Bedroom 16 - 16
3 Bedroom 6 6
Other 4 - 4
TOTAL 26 - 26
Owner
Occupied
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 SCluare 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.
See attached Project Description for Brittany Bay Apartments dated September 2000.
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.
wpd~.wkelly. wpformcolli~.rafihodenbonu~2.wpd
24
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. 2000-77
Which was adopted by the Board of County Commissioners on
the 28th day of November, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida this 29t~da~
of Nove~er, 2000.
Deputy Clerk '"' ...........'