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Ordinance 2004-10ORDINANCE NO. 04- 10 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, FI.ORII)A BY AMENDING rFItE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N; BY CHANGING Till;; ZONING CLASSIFICATION OF T}iE IlERI';IN I)I:.SCRIBI'~D REAl, I%~OPERTY FI~,()M "A" TO A RESIDENTIAL PLANNED [JNIT DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE-FAMILY DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE IIOUSING DENSITY BONUS AGREEMENT AUTIIORIZING TItE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMATELY 1 MILE SOUTH OF IMMOKALEE ROAD, AND ¼ MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau, of RWA, Inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR- 3542, 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 2.98 units per acre for a total of no more than 68 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 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural zoning district to "RPUD" Residential Planned Unit Development in accordance with the "Bristol Pines" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8635N, 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 2.98 units per acre for a total of no more than 68 density bonus units is hereby approved and adopted as if fully set forth herein. Page 1 of 2 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 ~ l/q4~'day of J~O.A.e4~, 2004. ATTEST: Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNAtF,iALA, CHAIR~ This Ordinance filed with the tary of State's Office t~-e (nnd ocknowledgem~.c.L~f theft fi~~ed ~L~ day G/Admin/PUDZ-2002-AR-3542/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES R['UD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER CO LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORDA 34120 PREPARED BY: CONSULTIN(} 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 And GOODLETI'E COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL ,,O r, q ~ ~ .~ 91- / o z_ G:\Current~Deselem~PUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents\PUD document final version 2-27-04.doc TABLE OF CONTENTS List of Exhibits, Tables and Appendix Statement of Compliance Section 1 Section il Section Iii Section IV Section V Section VI Property Ownership and Legal Description Project Development Requirements Residential Development Standards Recreation Area Preserve Area Development Commitments i ii I-1 II-1 III- 1 IV-1 V-1 VI-1 G:\Current~Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542~PUD documentskPUD document final version 2-27-04.doc LIST OF EXHIBITS~ TABLES AND APPENDIX EXHIBIT "A" APPENDIX "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" TABLE I TABLE II RPUD MASTER PLAN TYPICAL CROSS SECTIONS BOUNDARY SURVEY VICINITY MAP PUIE. L'~C FACILITIES MAP PROJECT LAND USE TRACTS DEVELOPMENT STANDARDS G:\Current~d3eselem~UD RezoneskBristol Pines PUDZ-2002-AR-3542~UD documents~PUD document final version 2-27-04.doc STATEMENT OF COMPLIANCE The development of approximately 22.77 acres of property in Collier County, Florida as a Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for de',elopment is within the Urban Mixed Use District/Urbar, Residential Subdistrict as ,d~,;tified on the Future Land Use Map as provided for Objective 1 of the Future I al d Use Element (FLUE), and the uses contemplated are consistent therewith. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use ~?istrict, as identified on the Future Land Use Map from the Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing". The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.98 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; The project will act to implement Policy 2.9 of the Housing Element by providing "aflbrdable housing" dwelling units blended within the planned market rate development. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the Future Land Use Element. The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii G:",Current'tDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 11. By virtue that the project must comply with the provisions of Division 3.15. of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. 111 G:\CurrentkDeselemkPUD Rezones\Bristol Pines PUDZ-2002-AR-3542hoUD docurnentsLPUD document final version 2-27-04.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,, and to describe the txisting conditions of the property proposed to be develoi.ed under the project name of the Bristol Pines RPUD. LEGAL DESCR~_P I'ION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH. RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89°56'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29'' W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH~ RANGE 26 EAST, AS BEING NORTH 89°56'57" EAST. PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folio: 00205560002, 00205480001, 00205520000) Waterways Joint Venture IV (Folio: 00205760006) I-1 G:\Current'tDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542XPUD documents\PUD document final version 2-27-04.doc 1.4 DEVELOPER 1.5 1.6 The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all reference to the "Developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in thig RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assig;~ment. PHYSICAL DESCRIPTION The development property is located in the northwest ,~alf of Section 35, Township 48 South, Range 26 East. More than eighty percent of the proposed project site has been cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing single-family home and associated improvement. H~storically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.1' to 14.8' above mean sea level. The water management system consists of approximately 2.68 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). 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 "Bristol Pines Residential Planned Unit Development Ordinance". I-2 G:\Current'd)eselemLPUD Rezones~Bristol Pines PUDZ-2002-AR-3542~UD documents~UD document final version 2-27-04.doc 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 Bristol Pines RPUD development, as well as other project relationships. GENEEAL mo Bo Do Eo Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this document, the RPUD-Planned Unit Development District and other applicable sections and pans of the Collier Count? Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. 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 Bristol Pines RPUD shall become pan of the regulations that govern the manner in which the RPUD site may be developed. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. 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 Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. II-1 G:\CurrentkDeselemXPUD Rezones\Bristol Pines PUDZ-2002-AR-3542~UD documents',PUD document final version 2-27-04.doc 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. 2.4 TABLE I PROJECT LAND USE TRACTS TYPE _UNITS/FT. ACREAGE_+ TRACT "R" RES IDENTIAL 159 19.8 TRACT "RA" RECREATION AREA 0 2.0 TRACT "P" PRESERVE 0 1.0 Bo Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this RPUD document. Co In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 159 residential dwelling units may be constructed in the total project area. The gross project area is approximately 22.77 acres. The gross project density, therefore, will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). II-2 G:\Current'~Deselem~PUD Rezones~Bristol Pines PUDZ-2002-AR-3542\PUD documents~UD document final version 2-27-04.doc 2.5 PROJECT PLAN APPROVAL REQUIREMENTS io Prior to Final Local Development Order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County Land Development Code. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier Cot,p, ty Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier C,unty Land Development Code, when applicable, shall apply to the development of all platted tracts of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding an3, dedications and methods for providing perpetual maintenance of common facilities. Eo Prior to the development of a zero lot line product, or single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer shall submit either a Preliminary Subdivision Plat, or plan as a part of the construction plan set showing the building envelope on all of the lots intended for zero lot line construction to the Department of Zoning and Land Development Review for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. No side-yards are required between units where multiple units, intended for fee simple conveyance, are contained in a single principal structure. The Preliminary Subdivision Plat, or plan as a part of the construction plan set, shall also show typical lots, and the footprints of the proposed residences. 2.6 LAKE SETBACK AND EXCAVATIONS Lakes shall conform with the requirements of Division 3.5. of the Land Development Code for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. II-3 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542~UD documents\PUD document final version 2-27-04.doc 2.7 RIGHTS-OF-WAY All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be private, and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor ,~hanges and refinements as described in Section 6.3.C. of this RPUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 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 insure 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 Bristol Pines RPUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES mo Models, sales/rental centers and other uses and structures related to the promotion a"nd sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. 1I-4 G:\Current'~eselem~UD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents~DUD document final version 2-27-04.doc 2.11 2.12 2.13 Bo Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. Co The existing single-family principal :;tructures may be used for temporary sales centers, and construction operation/rutnagement offices, and may be served by the existing well and septic systems. Such use of the existing single-family structure must be in compliance with all applicable federal, state and local codes and permitting procedures. Do Temporary uses for sales centers may be serviced by temporary well and septic systems. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use must cease when the pr°Ject is released to the control of the homeowners' association. CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project buildout date of December 31, 2006. FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: II-5 G:\Current\Deselem~UD Rezones\Bnstol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit fi'..~m a local, State, or Federai agency with jurisdiction over the property proposed for development, the Develot,c~ shall obtain such permits prior to final development e '0 ~.r approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 o? the Conservation and Coastal Management Element of Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve tract. The one-acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by definition. Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the Native Preserves may be modified. However, the remaining Native Preserves shall not go below 0.94 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD document become a part of the Land Development Code and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the . adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the Land Development Code. II-6 G:\CurrentkDeselemkPUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documents~UD document final version 2-27-04.doc SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE 3.2 3.3 3.4 The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on t,~:e RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, sign..tge, as well as project recreational/social facilities will occur within this Tract "R". MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of developnent plan review, but shall not exceed 159 dwelling units and be developed consistent with the project's AHDB agreement. 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 uses derived from RMF-6: A. Principal Uses: 1 2) 3) Single-family attached dwellings (including townhouses intended for fee simple conveyance) zero lot line dwellings single-family detached dwellings B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model Homes (See Section 2.10 of this RPUD Document). DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Bo 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. III- 1 G:\Current'uDeselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documemsXl:'UD document final version 2-27-04.doc TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- SINGLE- CLUB HOUSE/ FAMILY FAMILY RECREATION DETACHED ATI'ACHED BUILDINGS ZERO-LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT YARD 2,250 S.F. 2,250 S.F. 10,000 S.F. 40 FEET 25 FEET N/A 1,000 S.F. 1,000 S.F. N/A 23 FEET 23 FEET N/A From sidewalk from sidewalk MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET N/A 25 FEET 25 FEET 25 FEET 15 FEET 15 FEET or N/A V2 BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S 1/2 BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or V2 BH whichc~,er is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Notes: 2) . 3~ 4) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required, 20foot lake maintenance easement. To ensure compatibility' with the existing single-family residence lying south of the Bristol Pines property,, only a single-story residential structure may be located adja'cent to that residence. A 15-foot wide setback must be maintained from an), structure to any project perimeter proper(v line. 111-2 G:\Current~eselemkPUD RezoneskBristol Pines PUDZ-2002-AR-3542kPUD documents~UD document final version 2-27-04.doc SECTION IV 4.1 4.2 4.4 RECREATION AREA PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. USES PERMITTED No building or structure ,Ir part thereof, shall be erected altered or used, or land b,~ed, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: 1) Structures ~ntended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. DEVELOPMENT STANDARDS mo 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. 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. IV-1 G:\CurrentXDeselem'tPUD Rezones\Bristol Pines PUDZ-2002-AR-3542XPUD documents~UD document final version 2-27-04.doc SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "1:", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturall.~ functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enha aced state. 5.2 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, subject to the issnance of regional, State and Federal permits, when required: Principal Uses: Open spaces/Nature preserves. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. V-1 G:\Current'd)eselemLPUD Rezones~Bristol Pines PUDZ-2002-AR-3542LPUD documents~UD document final version 2-27-04.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities st,all be constructed in strict accordance with Final Site Development Plans, Final Subdiviql n Plans (if required), and all applicable State and local ~aws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the RPUD is not to be platted. The Developer, its >uccessors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors 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. 6.3 RPUD MASTER DEVELOPMENT PLAN mo Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the Developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan (GMP), and the Bristol Pines RPUD document. VI-1 G:\Current'd)eselem\PUD Rezones\Bnstol Pines PUDZ-2002-AR-3542~PUD documents~UD document final version 2-27-04.doc bo The minor change or refinement shall not constitute a substantial change pursuant to SubsectiOn 2.7.3.5.1. of the Collier County Land Development Code. Co The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. 1 ) c.f this document: Reconfiguration of Preserve Are,Is, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. bo Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Co Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the A ' ' ' dm~mstrator s consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 G:\Current'd)eselemLPUD RezoneskBristol Pines PUDZ-2002-AR-3542~UD documents~PUD document final version 2-27-04.doc 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION 6.5 mo Bo This RPUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual RPUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code and be in the form of an affidavit by the property owner or designated agent. The project will be developed in one phase, and is ~:nticipated to impact public facilities with permanent occupancy dwellings in late Fall of 2004. Recreation, including playground facilities, and clubhouse fac!li;ies will be constructed simultaneously with the development of the residentia', product. A proportionate amount of recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy. TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: Do All traffic control devices, signs, pavement markings and design criteria must be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Der, ices (MUTCD), current edition. All other improvements must be consistent with and as required by the Collier county Land Development code (LDC) Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements must be in place and available to the public prior to the issuance of the first CO. Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as amended, and Division 3.15. LDC, as it may be amended. All work within Collier County rights-of-way or public ingress or egress easements shall require a Right-of-way Permit. All proposed median opening locations must be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications must be based on, but are not limited to, safety, operational circulation, and roadway capacity. VI-3 G:\CurrenfiDeselem~UD Rezones\Bristol Pines PUDZ-2002-AR-3542LPUD documentsLPUD document final version 2-27-04.doc Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Ho All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improv:m,ent requires the use of existing County right-of- way or easement, compensatin[ right-of-way must be provided without cost to Collier County as a consequence of such improvement. Jo If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. Ko This project and all adjacent developments will be encouraged to provide shared access or interconnections. Specifically, but not limited to, this project must be designed to provide interconnection to the property located to the southeast of this site because it is controlled by the same property owner. The developer, or assigns of this project, must assure that any such shared access or interconnection will be utilized and accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. The developer shall provide a 10-foot wide shared use path along either the east, or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. Mo This project must, within the time frame set forth below, utilize a local street commonly referred to as Tree Farm Road for its sole access point, when: 1) the developer acquires legal ownership or access to the right-of-way of Tree Farm Road, and the County acquires the 40 feet the ROW acquisition for Tree Farm Road required by the Nicaea Academy PUD, and then the developer alone or with others thereafter immediately constructs Tree Farm Road,; or 2) Tree Farm Road is constructed to the project's/development's proposed access point as set forth on the PUD Master Plan on Tree Farm Road, and is lawfully available for use by the project/development. Within six months of the Tree Farm Road access opening, the developer must commence removal of any access or bridge connection to CR 951 at no cost to Collier County, and any access onto Collier Boulevard other than Tree Farm Road must be closed and abandoned. VI-4 G:\Current'tDeselem~UD Rezones~Bristol Pines PUDZ-2002-AR-3542~UD documentsLPUD document final version 2-27-04.doc This project's access is subject to additional limitations for any direct access to Collier Boulevard as part of site plan approval. Access along Tree Farm Road will not require compensating right-of-way for an eastbound right turn lane at the future access point. Furthermore, Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road, or nearby alternate location provided the ad, joining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with County standards. This access requirement is consistent with the 40-foot dedication from the Nicaea Academy PUD project that will be dedicated by that project for the entire length of the southern line of the Nicaea Academy PUD property. 6.8 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: mo Bo Co Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: Bo Co Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities wilt be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. Sewer availability is subject to construction and placement into service of a proposed 16" force main along Collier Boulevard. VI-5 G:\Current\Deselem\PUD Rezones\Bnstol Pines PUDZ-2002-AR-3542~PUD documents\PUD document final version 2-27-04.doc 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. Bo All conservation areas shall be designated as conservation/preservation tracts o: easements on all constvactivn plans, and shall be recorded on the plat with protecti,/c covenants per, or similar to, those found in Section 704.06, of the Florida Statutes Conservation areas sha3 ye dedicated on the plat to the project's homeowner': association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average 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 Resource Permit Rules. Do Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services 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 Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. The RPUD 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 or~ler approval. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center, which may be constructed after zoning approval. VI-6 G:\CurrentkDeselem~UD RezoneskBristol Pines PUDZ-2002-AR-3542kPUD documentsWUD document final version 2-27-04.doc 6.11 SIGNS 6.12 6.13 6.14 All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms may have the fol:~, v~ng maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 Retaining wall and buffer wall max~ num height: The retaining wall must not exceed 24 inches, and the total of retaining wall and fence cannot exceed 8 feet in height as measured from the finished grade, a deviation from LDC Section 2.6.11.6., to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the wall is constructed on a perimeter landscape berm Co Landscape buffer plantings must be placed outside of the wall locations, a deviation from LDC Sections 2.6.11.4.2. and 2.6.11.5. that require fences in all zoning districts to be screened from view. Chain link fencing is prohibited; the developer must provide perimeter walls. Do Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant t'o 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, only if requested by the Supervisor of Elections. An Agreement between the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier Count3', which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. VI-7 G:\CurrentXX)eselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents~PUD document final version 2-27-04.doc ~,, J~GRIGuUL.TU~i: ,k HJI~ICI,II VL.I,A~£ PPI) APP]ENDIX "A" TYPICAL CROSS SECTIONS APPENDIX "A" TYPICAL CROSS SECTIONS CYPRESS HERITAGE GREENS ISLANDWA~ DR~ R 26 MIRASOL MIRASOL RICHLAND INDIGO LAKES BRIT[ANY BAY HIBISCUS WOLF CREEK MtS$1DN HILLS E HERITAGE 2,..~ OU'I1)OOR RESORTS DF NAPLES 26 CRYSTAL LAKE NICAEA ACADEMY TE-- VANDERBILT COUN 'D~ Y CLUB BUCKS RUN [MIS~JON CHURCH '~' '~ 2 1 GOLDEN GA~[ GOLDEN CATE ESTATES GOLDEN GAT[ ESTATES GOLDEN GAT[ ESTATES UNIT 2 UNiT 95 UNiT 5 UNIT R 26 E ONSULTING Su-"~¢vors & Mappers, -l- ~. · · ...L. & Plarm~rs, ?roi:ct Managers 3050 North Horseshoe Dm, e, Suil~ 270 Naples, Ftohcia 341¢4 P~one: (239) 649-1509 FAX: (239) 649-7056 JULY, 2002 N.T.S. DRAWN BY: D.H.N. ,CHECKED BY: CLIENT: WATERWAYS AT HIBISCUS, LTD. TITLE: BRISTOL PINES PUD VICINTY MAP ! . NAPLES-IMMOKALEE ROAD (C.R. 846) ~ NAPLES IblMOKA Er ROAD (C R ~ g ~ ~,DDL~ SC.OOL E ,-J,~ ~ [ O /-BRISTOL I · OR'J'H NAPLES ShBSTATI VANDERBILT BEAC~ ROAD EXT. \ ] VANDER ? ~ rAiDER I t BEACH ROAD EXT. m ~ GD~EN ~TE ~RE D~RICT S~A~ION 7] , m m ,, GOLDEN GATE B~LEVARD m [ PINE RIDGE ROA~ (C.R. Bg6) ~ ~ PINE RmD~E ROAD EXT,~C.~. BgB) ~m~ BOULEVAR~ m ~ GREEN BOULEVARD ~ ~ ~OLOe. ~te - ~ ~ ~ ~ SUBSTATIO~ ~ ~ ~ ~N~R~TA~ -- ~ SO~H WATER TR~TM[~ FACI~ Feb ~5. 2003 - 09:30:18 P:~20C2 Projects~02-0151.01 BHstol Pines PUD~O003 Rezoni~g App/icotion Suppo~Public Foci/ifies~20751XO2. dw~ CO~SU~G 5~=o,s&~.gpc~, ~0': TITLE: PUBLIC FACILITIES MAP ~ N~h H~esh~ O~e, ~e 270 CHECK[~ ~; P~one: (~gJ ~49-1~ NAPLES-IMMOKALEE ROAD (C.R. 846) ~ O ~ [ ELEMEN3'ARY SCHOOL H?CH ~C~ JOL NORTH COU~ REGIO~ ~ WATER ~TWE~ FAClL~ ~ ~ ~ C ~K RIDGE ~ o N~LES VANDERBILT BEACF ~ ~ GO~EN ~TE  D~RICT S~A~ION 71 ~ GOLDEN GATE B~LEVARD Z PINE RIDGE ROADC.R. 896) ~ PINE RIDGE ROAD [XT.{C.R. B96~~1~ BOULEVARD I ~ GREEN BOULEVARD ~ -- ~ DISmICT 12 ~ GOLDEN ~TE 8 ~ [ COLLIE. COU~ AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of ,2004, by and between Waterways Joint Venture IV, a Florida general partnership (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developer s intent to construct a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of 6.98 units per gross acre on the Property. The gross acreage of Property is 22.77 acres. The number of affordable Units constructed by Developer shall be 16, representing 10.06 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 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 sixty eight (68) 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 three (3) units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 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 sixteen (16) affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. Page I of 20 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 clearly 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 inco,ne 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 Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, 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 Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner 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, ownur, manager, or agent to qualify as a Iow income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus Page 2 of 20 program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing 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, attached to the Affordable Housing Applicant Income Verification form, including 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 one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources !or 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 Financial Administration and Housing Department 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 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 bo::us program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, 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 Financial Administration and Housing Department upon reasonable notice. (4) Annual Proqress and Monitoring Report. The Developer shall provide the Financial Administration and Housing 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 Page 3 of 20 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 Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing 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 four (4) units per acre, and is therefore granted a density bonus of three (3) density bonus units per acre, for a total density (total - density bonus units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC § 2.7.7. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of one hundred fifty nine (159) units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission A,qreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing 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 w;th respect to any information required or requested by the Financial Administration and Housing 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. Page 4 of 20 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 Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: To the Developer: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, Florida 34120 Attention: Richard Davenport Page 5 of 20 With copy to: Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 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 Financial Administration and Housing 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 attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recordinq. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Aqreement. 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 as provided in the LDC §2.7.7.4.1.9. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. Page 6 of 20 bo housing unit, it must advertise sell, and maintain the same manner and shall make available any relevant information interested in purchasing such affordable housing unit. When the Developer advertises, sells or maintains the affordable in a non-discriminatory to any person who is c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in 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 contain physical amenities less than those described in the Developer any phase Application. 17. Phasinq. 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 1.__~0 percent affordable housing units for this project, with 10 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. Page 7' of 20 20. Affordable Housing Density Bonus Development Aqreement. 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. Governinq 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER (~I~UNTY, FLORIDA,,, By: Do r~n~'Fi~l~,~C ha~an- ~A~ov~l ,s to form and legal sufficiency: 15a't'riCk'O. t~Vh~te Assistant County Attorney Page 8 of 20 Witnesses: Witness Printed Name Witness Printed Name DEVELOPER: WATERWAYS JOINT VENTURE IV, a Florida general partnersl~ip By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner By: Waterways Development, Inc.. a Florida corporation its General Partner By: Richard Davenport, President 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 Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2004. Mv Commission Expires: Notary Public Page 9 of 20 AI~PENI)IX A~ EXHIBIT A NUMBER OF AFFORI)AilI~E llOUSIN(; UNITS/MONTllLY BASE RENTS NUMBER OF UNITS BASE RENT Single Mttlti Single Multi Family Family Family Family i,()\V IN('()IXlE (60% Mi) 1~ l'lic icncy I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOIAL VERY LOW INCOME (50'Vo Mi) 15 t~ficicncy I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-5O% MB Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 16 16 (1) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 22.77 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 3 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 6.98 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development). 10.06 %. (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 pr!ce set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local ttousing Assistance Plan. Page 10 of 20 APPENDIX A~ EXttlBIT B AFFORDAI}LE tiOUSING DENSITY BONUS RATING SYSTEM I_DC § 2.7.7.3., provides lbr calculation of a density bonus lbr developers pledging to construct affordable units within their development. Included in this Exhibit B arc instructior~s and the tables with which to calculate thc density bonus for a particular project, l:,xhibit C ctmlains thc ctlrrellt median income and acceptable rents lbr low and very low income households in Collier Count>. Thc al]brdable housing density borms rating system shall be used to determine tile amount of the aflbrdable housing density bonus which may be granted for a devdopmer~t based on l-,ouschold income lcvcl, numbcr of bedrooms per affordable housing unit, type of aflbrdablc housing units (owner-occupied or rcntal, single-family or multi-lhn'dly) and percentage of al'lbrdable housing units in thc development. To use the affordable housir~g density bolms rating system, Tables A and B. below, shall bc used. Tables A and B shall bc rcvicwcd and updatcd il' necessary on an annual basis by the Board of County Conlnlissioners or its designee. First, choose thc houschold income level (moderate, Iow, or vcry Iow) o1' thc affordable housing unit(s) proposed itl thc ctcvclopmcnt, and tile type of aflbrdablc housing units (owner-occupied or rclltal, 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 the aftbrdablc housing unit(s). An aflbrdable housing density bonus rating based on tile houschold income level and thc number of bedrooms is shown in Table A. Alter the aftbrdable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of aftbrdable housing uuit proposed ill the developlnent compared to the total number of dwelling units in the development. From this determination, Table t3 will indicate tile maximunl number of residential dwelling units pct' gross acre that may be added to the base density. These additional residential dwelling units pct' gross acre arc tile maximum aflbrdablc housing density bonus (Al II)B) availablc to that development. Developments with pcrcemages of aflbrdablc housing units which lhll ill between the perccntages shown on Table B shall receive an aflbrdable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre lbr 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 (AttDB) 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 lbr each type shall be calculated separately in Table B. Alter the aflbrdable housing density bonus calculations tbr 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 lbr 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 11 of 20 APPENDIX A~ EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate >'our density bonus in the space provided below. Attach additional pages if necessary. TABIA,; A: AFF()RI)AIIIA~; tlOUSIN(; I)ENSITY B()NIIS RATIN(; I.I:.VEI. ()F 110tJSl!l tO1,D ! N C O M E Nt/MBI';R OF BI~I)ROOMS/IJNIT EFFICIENCY 2 3 OR AND I MORE MODERATE (OWN ER-OCCUPltiD. SINGLE-FAMI LY) 0 1' 1' I.OW (OWNI!R-OCCUPIEI) OR RENTAI~ SINGI.IM:AMII,Y OR MUIJI'I- I:AMII.Yt 2 3 4 VERY LOW (OWNER ()CCUI>iI~D OR RENTAls, SINGI.I~-I:AMII.Y OR MUIJfI-FAMII~Y) 3 4 5 *l:or cluster housing developments in thc Urban Coastal Fringe, add I density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE I)WELLING UNITS PER GROSS ACRE) AFFORDABI~E }lOUSING I)I:~NSITY BONIJS RATIN(i % OF AFFORDABI~E HOUSING UNITS i 0% 20% 30% 40% I 0 0 I 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 12 of 20 APPENDIX Al EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. i)ursuat~l lo thc Impact Fcc ()rdinanccs, adopted by lhc Board ol'County ('ommissioncrs, l)cccmbcr 16, 1992, moderate income is 61% to 8(}% of Iht median income, Ioxx income is 51% to 00% ol'thc median income and very low income is less than 50% ol'thc median income. $65,1}t111 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY ! 2 3 4 5 6 7 8 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% .~6,40 ) 41,600 46,800 5~ 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 ? >'7o 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 llECOMMENI)EI) RENTAL RATES The Florida tlousing Finance Corporation (FttFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and thc Low-income Rental [lousing Tax Credit (LIIqTC) programs. The rents given below are based on 2001 data fi'om FIIFC. Utility costs are provided fi'om the County's Section 8 Rental Assistance Program which is administered by the Collier County t lousing Authority. llOUSIN(; COSTS BASEl) ON 30'¼, FAMILY INC()ME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEI)ROOM 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 3504 426 511 591 659 25% 304 365 422 471 LOCATION Naples and Coastal Collier County Immokalee and East of Everglades Blvd. Golden Gate UTILITY ALLOWANCES ONE B/R TWO B/Ii THREE B/Ii FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. ffd:nsitybonus/inc&rent rev. 4/ Page 13 of 20 APPENDIX B~ EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSIN(; UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit:__ Yotlr NLii11c] Race/National ()rigin: I landicap: Yes _ No Co-Tenant Name Race/National Origin: ltandicap: Yes__ No __ l)rcscnt Address: Street Name of 1.andlord l.andlord's Address: Slrccl City State Zip Telephone No. l low l,ong at this Addrcss: City State Zip Telephone No. If you have resided at yom' present address less than 3 years, please slate previous address: Street Name of Previous Landlord City State Zip Telephone No. Street City APPLICANT: Present Employers Name Address and Telephone No. ttow long with Present Employer: Gross Salary: I lourly $__ Weekly $ Social Security Number Prc',ious Employers Name Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: State Zip Telephone No. Job Title Every 2 Weeks $ Birth Date Job Title Monthly $ Job Title Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. Weekly $__ Every 2 Weeks $ Birth Date Monthly $ How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE 1. 2. 3. SEX AGE SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: ttow Long Known: How Long Known: Page 14 of 20 APPENDIX B~ EXHIBIT B AFFOI(I)AI}LE HOUSING APi'LICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: · . .......................... Social Security Number . ........... Present Address: Street (.tit)' State Zip 'l'¢lephonc No. I hereby make application Ibr a single lhmily unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or lhil to report my assets or lbrms of income l'rom pensions. stocks, bonds, real properly rent, sale or ownership is a lYaudulcnl act ptmishablc .by law. Knowingly lhlsit}.'ing inlbrmation on this lbrm is cause lbr refusal of occupancy. I hereby certify that this will be my pe,'mancnt residence and that I have no othe,' assisted housing. I understand that this inlbrmation is tbr the purpose of computing my annual income to determine my qualification to buy an aiTordablc housing unit. I understand that 1 am not required to sur,'cnder my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amotmt 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. $ $ $__ $ Pqvate 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 15 of 20 Ai'PENDIX B~ EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION AI'PIA(~ANT: Present I.hnploycr:. Address: .lob Title: Street i, (Applicant) on this certification lbrm. City State Zip , hereby authorize the release of inlbrmation requested STATE OF FI~()RIDA ) ) ss COUNTY OF COi~I~II~R) The foregoing ;,,,'as acknowledged before me by Who is personally known to me or has produced i,.;enti fication. Witness my hand and official seal this (notary seal) My Commission Expires: Signature of Applicant as day of Notary Public 2004. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of ttours Worked (Weekly):__ Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: TIlE CERTIFICATION HERE INCOME 'FAX RETURN AFFORDABLE UNIT. as day of ,2004. Notary Public REQUESTED MAY TAKE THE FORM OF Tile MOST RECENT YEAR'S FOR EACH OCCUPANT WHO HAS FIt, ED AND WILl, OCCUPY TIlE Page 16 of 20 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE tlOUSING DENSITY BONUS Pursuant to I,DC § 2.7.7.2.4., please complete this lbrm and submit it with any accompanying documentation to thc Conmmnity Development & Environmental Services 1)ivision, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Depm'tmcnt. 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; The Developer has made application to rezone the 22.77 acre parcel to Planned Unit Development. 2. ltas an application for rezoning been requested in conjunction with the afl'ordable housing Density bonus'.) X Yes No If yes, state date of application December 20, 2002, and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 6.98 units/acre. Gross acreage of the proposed development. 22.77 acres. 4. Are aftbrdable housing density bonus units sought in conjunction with an application lbr a planned unit development (PUD)?. X Yes No. If yes, please state name and location of the PUD and any other identifying intbrmation. _. Bristol Pines PUl) o Name of applicant Waterways Joint Venture IV Name of land developer if not the same as APplicant: Please complete the following tables as they apply to the proposed development. TABLE I Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL Total Number of Units in Development Owner Rental Occupied 159 159 Page 17 of 20 TABLE ii MOI)ERATI5 INCOME 80% M i Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Number of Affordable Housing l. lnits Total Number of A flbrdablc U nits in Development Owller Rental Occupied Proposcd [Jsc Density Bonus Llnits O\viler Rental Occupied LOW INCOME 66% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 16 0 0 0 16 0 0 VERY LOW INCOME 50%MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 0 0 0 0 Page 18 of 20 7. Please provide a physical description of the affordable units by type of unit (moderate, low, v,~:y low income) and by number of bedrooms. Include in your description, tbr 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, rel¥igerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit '~D" if needed. All homes in Bristol Pines, including the homes reserved lbr lnodcrate incolne purchasers, will share many COlnmon features: * Solid concrete block construction. * Durable COlnpresscd concrete tilc roofs. * Desirable concrete paver driveways, walks and entries. * R-19 fiberglass insulation in all attics; R4.2 in exterior walls. * Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelvcs * Complete kitchen appliauccs, including a microwavc oven, range, refrigerator and disposal * ttigh efficiency air conditioning with strip heat. * Fully landscaped private yards. * Dual sinks in the master bath. * Enclosed toilet/tub in the master bath. * Walk in closet lbr the master bedroom. * Aluminum framed windows and sliding glass doors. * Metal clad entry door with dead bolt lock. * Strong steel hurricane shutters. * Pre-wiring for cable television, telephone and a digital perimeter security alarm system. The homes reserved tbr low income purchasers will ali be three bedroom, two bath t, nits in four unit buildings ot'oue story. Thc interior units will offer 1,241 square feet of living al'ca and thc end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Commuuity Association. The monthly holncOW.~cr's fcc will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entry, common areas and a community clubhouse where residents and guests may swiln, play tennis, volleyball, or just relax. The monthly lee has not yet been finally determined, but is anticipated to be approximately $150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages.- None. Page 19 of 20 EXHIBIT "A" BRISTOL PINES LEGAL DESCRIPTION A PART OF TIlE NORTHWEST QUARTER OF SECTION 35, TOWNS}lIP 48 SOUTIt, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 'FIFE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTI 1, RANGE 26 EAST; TItENCE ALONG TIlE NORTtt lANE OF SAID SECTION 35, PROCEED N 89056'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; TI tENCE AI,ONG SAID SOUTIt RIGHT OF WAY, ALSO BEING PARALI,EI, WITH THE NORTIt LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET; TItENCE LEAVING SAID SOUT}I RIGIIT OF WAY S 02016'25" E FOR 639.48 I:EET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON TIlE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF TIlE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR I~ESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON T}tE NORTI1 LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57TM EAST. Page 20 of 20 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 and correct copy of: ORDINANCE 2004-10 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2004. DWIGHT E. BROCK Clerk of Courts'.'~t~ck County