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Ordinance 2003-05ORDINANCE NO. 03- 0 5 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLL1ER 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 NUMBEREI~ 1612S; BY REZONING FROM "A" AGRICULTURAL (8± ACRE.q~'~ AND FROM HABITAT PLACE PLANNED UNIT DEVELOPME~,.~ (PUD) (20+ ACRES) ZONING DISTRICTS TO CHARLEE ESTATF~, ~ ~'~ (PUD) TO ALLOW A 124 LO~,~ PLANNED UNIT DEVELOPMENT SINGLE-FAMILY SUBDIVISION THAT WILL BE DESIGNED ACCOMMODATE LOW INCOME HOUSING UNITS; APPROVII~3~ AN AFFORDABLE HOUSING DENSITY BONUS AOREEME~I~.~ AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABE]g-~ c.~ HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF :~'n co UNITS AT 1.37 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THE SINGLE-FAMILY RESIDENTIAL DWELLING UNITS FOR VERY LOW-INCOME RESIDENTS FOR PROPERTY LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRIAL EAST, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.462+ ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kenneth E. Griffith, of Johnson Engineering, Inc., representing Habitat Humanity of Collier County Inc. as partial owner and contract purchaser, petitioned the Board of County Commissioners, in petition number PUDZ-2002-AR-2965, to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 1.37 units per acre for a total of no more than 39 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural (8± acres) and from Habitat Place Planned Unit Development (PUD) (20+ Acres) to Planned Unit Development (PUD) in accordance with the Charlee Estates PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 1612S, as described in Ordinance Number 91- 102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: The Affordable Housing Density Bonus agreement, attached hereto as Exhibit "B," authorizing a density bonus of 1.37 units per acre for a total of no more than 39 density bonus units is hereby approved and adopted as if fully set forth herein. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/-~ day of ,.TOJ30OCc/ ,2003. ' 1 Approved as to Form and Legal Sufficiency Patrick G. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed with the S_ecretary of ~tate's Office the Oar of-Y ry, o~ ~wledgement of that fili~ ~eived this ~ dcy Oepu¢~ Cl~rk ~ PUDZ-2002-AR-2965/KD/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Community Development and Environmental Services Division CHARLEE ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS' AND SUPPORTING MASTER PLAN GOVERNING CHARLEE ESTATES, 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: KENNETH E. GRIFFITH, AICP JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL -o5 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section 1I Section Section IV Section V Legal Description, Property Ownership and General Description Project Development Requirements Residential Development Standards Common Areas / Recreation Areas General Development Commitments i ii I-1 II-I ~I-1 IV-I V-1 LIST OF EXHIBITS AND TABLF~q EXHIBITS: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Location Map Boundary Survey Aerial Photograph PUD Master Plan STATEMENT OF COMPLIANCE The development of approximately 28.4+ acres of property in Collier County as a Planned Unit Development to be known as Charlee Estates PUD 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 Charlee Estates PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for development is within the Urban Mixed Use District/Urban Coastal Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it utilizes existing land zoned for urban intensity uses and avoids opening up new areas to development. 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. An Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property is adopted by reference. Although only 1.37 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 E). This density bonus of 1.37 dwelling units per gross acre added to the base density of 3.0 dwelling units per gross acre provides for a gross project density of 4.37 dwelling units per acre. The proposed density of the Charlee Estates PUD is 4.37 units per gross acre, which is less than what is provided for in the FLUE Density Rating System. Therefore, the project density of 4.37 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the preceding criteria. The density is broken down as follows: Base Density - Traffic Congestion Area Deduction - Density Bonus - Total 4.00 d.u.'s -1.00 d.u.'s 3.00 d.u.'s 1.37 d.u.'s 4.37 u.p.a. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. iii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Charlee Estates PUD. 1.2 LEGAL DESCRIPTION A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described as follows: Commence at 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 No. //90 (U.S. Route 41, Tamiami Trail), for a Point of Beginning; thence nm North 54° 21' 00" West, along said southwesterly right-of-way line, a distance of 1000.00 feet; thence nm South 35° 39' 00" West, a distance of 400.00 feet; thence nm North 54° 21' 00' West and parallel with said southwesterly right---of-way line, a distance of 500.00 feet; thence nm North 35° 39' 00" East, a distance of 400.00 feet to an intersection with said southwesterly right-of-way line; thence nm North 54° 21' 00" West along said southwesterly fight-of-way line, a distance of 500.00 feet; thence nm South 35° 39' 00" West, a distance of 1,439.79 feet to an intersection with said south line of Section 12; thence North 89° 54' 00" East along said south line of Section 12, a distance of 2,464.36 feet to the said Point of Beginning. Containing 28.462 acres of land, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Habitat for Humanity of Collier County, Inc., whose address is 11550 Tamiami Trail East, Naples, Florida 34113 and Stephen Agoston, Trustee, whose address is 8596 Wyatt Road, Broadview Heights, Ohio 44147. Habitat for Humanity of Collier County, Inc. has a contract to purchaser the Agoston property upon approval of the PUD Amendment to add the Agoston property. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/2 of Section 12, Township 51 South, Range 26 East, Collier County, Florida. It is situated on the southwest side of Tamiami Trail East, approximately 3 miles east of S.R. 951, immediately across the street from Joseph Lane and adjacent to First Haitian Baptist Mission. The zoning classification of the subject property prior to the date of this approved PUD Document was "PUD"- Planned Unit Development and "A"-Agrieulture. 1.5 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 33 percent of the site contains areas of jurisdictional wetlands which are characterized as transitional wetlands in which the predominant vegetation is a I-1 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 southwest comer into an existing ditch which connects to the U.S. 41 Swale No. 10utfall Basin Canal, with ultimate outfall to MacIlvane Bay. The allowable offsite discharge shall be limited to 0.15 cfs/acre per Collier County design criteria for U.S. 41 Swale No.10utfall Basin Canal. The minimum elevation for centerline of road was set for the 25year year, 3-day storm event, which was found to be 7.70 feet NGVD. The controlled perimeter of the water management system will be maintained at an n elevation of 8.00 NGVD. The minimum floor elevation for buildings was set for the 100 year, 3-day, 0 discharge, storm event which was found to be 8.40 feet NGVD. The entire site is in Flood Zone AE-7 according to Firm Map 120067-620D-1612S. 1.6 PROJECT DESCRIPTION The Charlee Estates PUD shall be a 124 lot detached single-family residential development for low-income families. The developer will provide recreational opportunities on-site to serve the residents of this project only. The recreational opportunities will consist of, but not be limited to, playground equipment and picnic facilities. 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. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Charlee Estates Planned Unit Development Ordinance." I-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 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 Charlee Estates PUD Development, as well as other Project relationships. GENERAL Bo Co D° Eo Regulations for development of the Charlee Estates 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 Charlee Estates PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or otherwise exempted by this PUD, the provisions of all other sections of the Land Development Code, as amended, 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. 2.3 DESCRIPTION OF PRO~JECT PLAN AND LAND USE TRACTE A° The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "D," PUD Master Plan. There shall be 124 detached single- family residential lots, plus necessary water management areas, street rights-of-way, the general configuration of which is also illustrated by Exhibit "D". TABLEI PROJECTLAND USE TYPE UNITS ACREAG.._......__._._~.~ RESIDENTIAL 124 28.4 USE AREA A.C. PERCENT Water Management (Lake Area Only) 3.15 11% Open Space (including lakes) 16.75 60% Impervious 14.90 52% 2.4 Bo Areas depicted as "Water Management Area" on the PUD Master Plan may be constructed as wet detention areas for water management purposes. Such areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "D". Minor modifications to the detention areas may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. Co In addition to the various areas and specific items shown on Exhibit "D," such easements as necessary (utility, private, semi-private) shall be established within the development as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 124 low-income residential single-family dwelling units may be constructed in the total project area. The gross project area is approximately 28.4 acres. The gross Project density, therefore, will be a maximum of 4.37 dwelling units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao 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 govemmental agency to ensure compliance with the PUD Master Plan and the Collier County Land Development Code. Exhibit "D," 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. Co 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. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastmctural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 ,USE OF RIGHTS-OF,WAY All platted project streets shall be public and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping 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. 1I-2 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to the PUD Master Development Plan, Exhibit "D," as provided for in Sections 2.7.3.5. and 2.7.3.5.6 of the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES 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 Charlee Estates PUD. 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 Charlee Estates 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. 2.9 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Charlee Estates 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 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. 2.10 REQUIRED ENVIRONMENTAL PERMITTINC Where the development of land within the Charlee Estates 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. 2.11 NATIVE VEGETATION RETENTION REOUIREMENTE The Charlee Estates PUD 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, subject to review and approval by Collier County staff during site plan review. 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 for development issues that are specifically addressed in the PUD document. 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. The LDC, as amended, shall govern all development that is not specifically addressed in the PUD document. SECTION IH RESIDENTIAL DEVELOPMENT 3.1 PURPOSE 3.2 The purpose of this Section is to identify specific development standards for the Charlee Estates PUD and the land uses which may be depicted on the PUD Master Plan, Exhibit "D." 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 124 dwelling units. 3.3 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. Principal Uses: Bo 1) Single-Family detached dwellings. Accessory Uses: 1) Customary accessory uses and structures, including, but not limited to, private garages. 2) Swimming pools with or without screened enclosures. 3) Utility facilities and/or easements (including right-of-way easements). 4) Signage (see Section 5.10 of this document).' 5) Water management facilities. 6) Project recreation facilities. 3.4 DEVELOPMENT STANDARDS Ao 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 the adjacent right-of-way. Homeowners' association boundaries shall not be utilized for determining development standards. Co MINIMUM LOT AREA: MINIMUM LOT WIDTH*: MINIMUM LOT DEPTH: 5,500 square feet (interior lot) 7,250 square feet (corner lot) 55 feet (interior lot) 72.5 feet (corner lot) 100 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. ITI-I Fo 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 Distance Between Principal Structure and Accessory Structure: 10 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 Distance Between Accessory Structures: 10 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 I-~IGHT: 20 feet. 1II-2 SECTION IV COMMON AREAS AND RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development standards for the area(s) designed as Common Areas and Recreation Area on the PUD Master Document Plan, Exhibit "D". The primary function and purpose of these areas are to provide aesthetically pleasing open areas, landscaping and recreational facilities, except in areas to b~ used for water impoundment. 4.2 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. Principal Uses: Lakes and/or Water Management Areas Open Spaces/Nature Preserves Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the common areas. Tot Lots - Consisting of playground equipment (i.e., swings, picnic tables, teeter totters, slides, etc.) for children within Charlee Estates. Landscaped Areas for visual enjoyment. Public or private utilities. 4.3 DEVELOPMENT REGULATIONS Ao Overall site design shall be harmonious in terms landscaping and treatment of buffer B° Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring properties from direct glare or other interference. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. 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. 5.3 PUD MASTER DEVELOPMENT PLAN 5.4 Exhibit "D," PUD Master Plan illustrates 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. 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. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Construction shall commence upon approval of the PUD Master Plan in the year 2003. Approximately 42 + units per year will be constructed. Development shall be completed in the year 2006. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code, as it may be amended. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. V-1 5.5 ,,TRANSPORTATION The development of this PUD will be subject to and govemed by the following conditions: ho All traffic control devices used must be in accordance with the Standards as adopted by the Florida Department o£ Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Go All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting must be provided at ail development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). External and internai improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Occupancy (CO). Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Any and all points of ingress and/or egress as shown on any and ail plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. The County reserves the fight to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staWs authority. Collier County Transportation staffreserves the fight to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Nothing in any development order will vest the right of access over and above a fight in/fight out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring V-2 Ko Lo Qo developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary mm lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left mm lane(s) and/or fight turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right- of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of site development plan approval. Frontage, midpoint and/or reverse frontage (backside) intercormection(s) may be required by Collier County Transportation staff, as a condition of site development plan approval. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval must be obtained/received from Collier County Transportation staff. An eight foot wide sidewalk will be constructed along the south side/within the right-of- way of US 41/Tamiami Trail between the east and west points of ingress/egress to the development site and five foot wide intercounections provided to the internal five foot sidewalks of the development site prior to the issuance of the first permanent Certificate of Occupancy (CO). 5.6 WATER MANAGEMENT 5.7 The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: ho 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." UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: ho 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. V-3 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. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: 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 "Deitona Settlement Agreement," and be subject to review and approval by Current Planning Section Staff.' The Petitioner shall comply with the guidelines and recommendations of the U. S. Fish and Wildlife Service (USF&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. 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 Plan/Construction Plan approval. 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. V-4 5.9 ,ACCESSORY STRUCTURF. g 5.10 5.11 Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction site office may be constructed before any principal structure is constructed in the project. SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code. ,LANDSCAPE BUFFERS~ BERMS~ FENCES AND WALI,E Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Charlec Estates PUD. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 4:1 2) Ground-covered berms 3:1 3) All landscape buffer berms must provide 5-foot wide, 10:1 level planting area per LDC Section 2.4.7.3.2. Fence or wall maximum height: as permitted in Section 2.6.11 of the Collier County Land Development Code. Pedestrian sidewalks, bike paths and water management facilities may be allowed in landscape buffer areas per LDC Section 2.4.7.4.3. 5.12 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. However, Charlee Estates PUD will not have a community recreation/public building/public room or similar common facility within the project boundaries; therefore, a polling place is not included as part of the PUD Master Development Plan. V-5 P~LOCATION .....'~..~ CHARLEE ESTATES PHASE II LOCATION MAP Charlee Estates PUDZ-2002-AR-2965 Exhibit A Location l~lap Exhibit B Boundary Sur~I o~ ~ Charlee Estates PUDZ-2002-AR-2965 Exhibit C Aerial-Photograph Ii ./!/"., Charlee F_qtates PUDZ-2002-AR-2965 Exhibit D. PUD Master Plan ('~ of 2) // /"/[~~j, Charlee Estates PUDZ-2002-AR-2965 Exhibit D. PUD I~aster Plan (2 of 2) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the~-_ Twentieth Judicial Circuit, Collier County, Florida, ao ~b~ certify that the foregoing is a true copy of: ~--~ ORDINANCE NO 2003-05 Which was adopted by the Board of County Commissioners on the 14th day of January, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of January, 2003. Clerk of Cg~.~'t~n~d Ex-officio '~o ~oardi~0f County Com.~[ s ~.-'oners', By: Pat tic ia'"L~.~6r%~n, Deputy Clerk AGREEMENT AUTHORIZING AFFORDABLE HOUSINC= DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~z.~ day of .-JTO. qdo. r-~ , 2003, by and between Habitat for Humanity of Collier County, Inc (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns or has under contract to purchase a tract of real property described as (complete legal description) A parcel of land situated in Section 12, Township 51 South, Range 26 East Collier County, Florida, and being more specifically described as follows: Commence at the intersection of the South Line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly Right-of-Way lino of State Road 90 (U.S. Route 41, Tamiami Trail) for a Point of Beginning, thence run North 54021' 00" West alonq said southwesterly Right-of-Way line, a distance of 1000.00 feet; thence run South 35o39' West, a distance of 400.00 feet; thence run North 54021' 00" West and parallel with said southwesterly right-of way line, a distance of 500.00 feet; thence run North35°39'00'' East, a distance of 400.00 feet to an intersection with said southwesterly right-of way line; thence run North 54021' 00" West along said southwesterly right-of-way line, a distance of 500.00 feet; thence rune South 35°39'00" West, a distance of 1,439.79 feet to an intersection with said south line of Section 12; thence run North 89054'00'' East alonq said south line of Section 12, a distance of 2,464.36 feet to the said Point of BeRinnin.q. Containing 28.462 acres of land, more or less. (The "Property") It is the Developer's intent to construct a maximum of 124 residential units (the "Units") at a density of 4.37 units per gross acre on the Property. The gross acreage of Property is 28.46 acres. The number of affordable Units constructed by Developer shall be 124, representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7. et seq., which density bonus can only be Page 1 of 21 granted by the Commission and utilized by the DevelOper in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 39 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 1.37 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 no more than 124 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, Exhibits A, B, and C, and Appendices B & C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a cleady defined series of starts and finishes that are separate and distinct within the 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 Page 2 of 21 median income. (3) Eligibility and Qualification of Occupant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective occupant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying occupants by accepting applications from occupants, 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 Department. Qualification by the Developer of any occupant as an eligible occupant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of owning 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 Department 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 sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.7.7.5.2. (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, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, 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 Department as shown in Appendix B, Exhibit B, attached to Page 3 of 21 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 Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit C, and is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by the Housing and Urban Improvement Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Department. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Department 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. (5) 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 3,0 units per acre, and is therefore granted a density bonus of 1.37 density bonus units per acre, for a total (total = density bonus units .per acre X gross acreage) of ,39 density bonus units, pursuant to LDC § 2.7.7.. The Commission further agrees that the Developer may construct thereon, in the aggregate Page 4 of 21 a maximum number of 124 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 LDC § 2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing 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 Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.7.7.. 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 or of LDC § 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.7.7., 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 Page 5 of 21 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: Housing & Urban Improvement Dept. 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Habitat for Humanity of Collier County~ Inc, 11550 East Tamiami Trail Naples~ Florida 34113 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 Collier County Housing and Urban Improvement Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attomey'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 Page 6 of 21 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 required affordable housing unit designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the Parties and stated in writing. The initial sales price and any subsequent sales price within these fifteen (15) years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. 15. Modification. This Agreement can only be modified or amended by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same "for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number Page 7 of 21 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 buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. Page 8 of 21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. DWL(~'HT--E, BF{o'~, Clerk ~roved as to f~rm and legal sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS By: J ~h'¢~, - Chairman Page 9 of 21 DEVELOPER: Habitat for Humanity of Coollier County, Inc. Dr. Samue~J~. Durso, M.D., President Witnesses: (PRINT AND~IGN NAMES BELOW) WTS~ l-Prin~d name , WTS. 2-Printed name / 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 Dr. Samuel J. Durso, M.D. WITNESS my hand and official seal this ~'t-~_ day of ,_~I~t2P~...~ , 2003. My Commission Expires: Page 10 of 21 APPENDIX A~ EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTE LOW INCOME (60% MI) Efficiency 1 Bedroom NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family 2 Bedroom 3 Bedroom 4 Bedroom 124 n/a TOTAL !24 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom N/A 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY LOW INCOME (25%-50% MI) Efficiency 1 Bedroom N/A 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 3.0 units/acre. (2) Gross acreage 28.46. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC § 2.7.7. is 1.37 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 4.37 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. (6) The initial sales price and any subsequent sales price within these fifteen (15) Years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. Page 11 of 21 APPENDIX At EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.7.7.3., 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 thc tables with which to calculate thc density bonus for a particular project. Exhibit C contains thc 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 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. Page 12 of 21 APPENDIX A~ EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATINC LEVEL OF HOUSEHOLD iNCOME NUMBER OF BEDROOMS/UNIT EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) 0 1' 1' LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) 2 3 4 VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS ,{ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 1 2 3 4 5 10% 20% 30% 40% 0 0 1 2 0 1 2 3 2 3 4 5 3 4 5 7 4 5 7 8 Page 13 of 21 APPENDIX A~ EXHIBIT C INCOME AND RENT LEVE1,S 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. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30o/o FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. Golden Gate 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS f/densitybonus/inc&rent rev. 4/01 Page 14 of 21 APPENDIX Bt 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 Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Name of Previous Landlord Telephone No. Street APPLICANT: Present Employers Name City State Zip Telephone No. 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: Gross Salary: Hourly $,, Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Weekly $ Job Title Every 2 Weeks $... Birth Date Monthly $ Job Title Page 15 of 21 NAMES OF ALL WHO WILL OCCUPY APARTMENT 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: BIRTH DATE SEX AGE SOCIAL SECURITY How Long Known: How Long Known: Page 16 of 21 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 I hereby make application for a single family unit at Zip Telephone No. 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 detemfine my qualification to 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. ADDlicant Co-Occupant 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. Page 17 of 21 APPENDIX Bt EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this certification form. City State Zip , hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of Signature of Applicant ,2003. My Commission Expires: Notary Public EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly 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 ,2003. My Commission Expires: Notary Public THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 18 of 21 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC documentation to Horseshoe Drive, Naples, Florida 34104. Improvement Department. All items requested must be provided. § 2.7.7.2.4., please complete this form and submit it with any accompanying the Community Development & Environmental Services Division, 2800 North A copy must also be provided to the Housing and Urban 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 (Charlee Estates) 28.46 acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 08-09-2002 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 4.37 units/acre. Gross acreage of the proposed development. 28.46 acres. 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. Charlee Estates PUD, located in the South half of Section 12, Township 51 South, Range 26 East~ Collier County, FL. Project formerly known as Habitat Place. Name of applicant Habitat for Humanity of Collier County,/nc. Name of land developer if not the same as Applicant: same 6. Please complete the following tables as they apply to the proposed development. Page 19 of 21 TABLE I Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL Total Number of Units in Development Owner Rental Occupied 124~ 124 TABLE II MODERATE INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Number of Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied 124 39 39 124 Total Number of Proposed Use for Page 20 of 21 VERY LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Affordable Units in Development Density BOnus Units Rental Owner Rental Owner Occupied 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 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 Collier 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 R19 ceilings and R11 walls. There is vinyl tile floor covering,: 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 fi'am~', construction and vinyl siding. 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. Page 21 of 21