Ordinance 2004-32
ORDINANCE NO. 04 - 32
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,
_ ~ LORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
[1 !II _ ~ UMBERED B630N; BY CHANGING TilE ZONING
It't\'Nt\\ ~ LASSIFICATION OF THE HEREIN DESCRIBED REAL
~ 11\1 W èiI ROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD"
~ ;;; LANNED UNIT DEVELOPMENT KNOWN AS THE BOSLEY PUD
~9¿> ~& LOCATED APPROXIMATELY ONE-QUARTER MILE SOUTH OF
S<:/1Zt7--r;!- THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
-
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WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, Incorporated,
representing Benderson Development Company, Incorporated, petitioned the Board of County
Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 30,
Townsbip 4B South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural
to "PUD" Planned Unit Development in accordance with tbe Bosley PUD Document, attached hereto
as Exhibit "A" and the Affordable Housing Density BonusAgreement attached hereto as Exhibit "B",
both incorporated by reference herein. The Official Zoning Atlas Map numbered B630N, as
described in Ordinance Number 91-102, the Collier County Land Development Code, is herehy
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~5"*' day of lY\o..A1t ' 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA
BY: ~ <:>~
DONNA !ALA, CHAIRMAN
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·,N"'~·:'.."·\n_
Patrick G. White
Assistant County Attorney
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PU DZ-2003-AR -4575/FRlo
Page 1 of 1
THE BOSLEY PUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREP ARED BY:
ROBERT L. DUANE, A.I.C.P.
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 2002121
AUGUST, 2003
Date Reviewed by CCPC:
Date Approved by BCC: 5' ::J.. ~. 0 'L-
Ordinance No, c2oo'i - 3.9-
Amendments & Repeals
EXHIBIT" A"
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T ABLE OF CONTENTS
Page
SECTION I Statement of Compliance.. . ".. . ., ., ... .,... ., .. . . . ,.. , . . . .. . . . .., . ., .,. . . . . ., . .......3
SECTION II Property Ownership, Legal Description, Short Title and
Statement of Unified Control... ." .. . ,..... "".. .. . . .. .., .. . . . . .., .. .. .. . .. .., ." " ..4
SECTION III Statement ofIntent and Project Description..,......,..·......"....,',....,...., ....5
SECTION IV General Development Regulations... .,...,...... .,..,. .,........., .,.... .,..... ...,..6
SECTION V Preserve Area Requirements... .""....... ...... .,..., .",..,.. ...,. ..,. .,....,. ...,.10
SECTION VI Permitted Uses and Dimensional Standards for Residential Development.. ...,12
SECTION VII Development Commitments.. ...""...,...... ,....,....... ,......, .""......,. ...,...14
EXHIBITS
Exhibit A - PUD Master Plan
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SECTION I
STATEMENT OF COMPLIANCE
The development of ±20.23 acres of property in Section 30, Township 48 South, Range 26 East
Collier County, Florida, as a Planned Unit Development to be known as the Bosley PUD, win be in
compliance with the goals, objectives, and policies of Collier County as set forth in the Collier
County Growth Management Plan. The residential component of the project win be consistent with
the growth policies, land development regulations and applicable comprehensive planning objectives
of each of the elements of the Growth Management Plan for the following reasons:
1. The subject property is located in the Mixed Use District Urban Residential Subdistrict as
depicted on the Future Land Use Map. This subdistrict allows a base density of up to four (4)
dwelling units per gross acre for the subj ect property. In addition, a density bonus of three (3)
dwellings per gross acre is allowed for the subject property above the base density because it is
located in a Residential Density Band around Activity Center #4. The Future Land Use Element
("FLUE") also anows up to an eight (B) dwelling unit per acre bonus for affordable housing.
The proposed density bonus of eight (8) dwelling units per acre can be found consistent with the
Collier County Growth Management Plan and the accompanying Affordable Housing Density
Bonus Agreement (" AHDBA") that support the application. Therefore, the maximum allowable
density win be fifteen (15) dwelling units per acre or 303 dwelling units on the subject
property's 20.23 acres. The project density 0003 dwelling units is consistent with the FLUE of
the Collier County Growth Management Plan.
2. The subject property's location in relation to the existing or proposed community facilities and
services supports the development's residential density as required in Objective 2 of the FLUE,
3. The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE,
4. Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the FLUE.
5. The proposed development win result in an efficient and economical extension of community
facilities and services as required in Policy 3.1. G of the FLUE.
6. The project is planned to incorporate natural systemS for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
7, All final development orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance in Division
3.15 of the Land Development Code ("LDC") and further required by Policy 2,3 of the FLUE.
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SECTION 11
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND
ST A TEMENT OF UNIFIED CONTROL
2.1 PROPERTY OWNERSHIP
The Benderson 85-1 Trust, WR-1 Associates and RB-3 Associates are owners of the subject
property .
2.2 LEGAL DESCRIPTION
The west one-half of the southwest one-quarter of the northeast one-quarter of Section 30,
Township 48 South, Range 26 East, Collier County, Florida.
2.3 GENERAL DESCRIPTION OF PROPERTY
The subject property is located one-quarter ('/4) mile south of the intersection ofI-75 and
1mmokalee Road and comprises 20.23 acres.
Physical Description
The subject property is vacant at the time of the application for rezoning, This site currently
drains from the northeast to the southwest. Soil types on the site are Boca Fine Sand and
Hallandale Fine Sand. The property is located in Flood Zone X. The zoning classification
prior to the date of approval of this PUD was Rural Agricultural (A),
2.4 SHORT TITLE
This Ordinance shall be known and cited as the "Bosley Residential Planned Unit
Development Ordinance."
2.5 STATEMENT OF UNIFIED CONTROL
This statement represents that the current property owner has lands under unified control for
the purpose of obtaining PUD zoning on the subject property.
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SECTION III
ST A TEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.2 0 of the Collier County Land Development Code for
a residential PUD (LDC). The purpose of this document is to set forth guidelines for the
future development of the project that meet accepted planning principles and practices, and
to implement the Collier County Growth Management Plan.
3.2 PROJECT DESCRIPTION
The project contains 20.23 acres and includes land area for residential development of
workforce housing, preserve areas, water management areas, access, and areas for
recreational amenities. The maximum number of work force multi-family dwelling units
permitted is three hundred and three (303), or a gross residential density of fifteen (15)
dwelling units per acre.
Access will be provided through the Donovan Center PUD that is located immediately to the
west of the subject property that will provide access onto Immokalee Road,
3.3 LAND USE PLAN AND PROJECT PHASING
A. The PUD Master Plan provides for areas of residential use, water management areas,
and retained vegetation areas and road rights-of-way as depicted on Exhibit "A,"
The PUD Master Plan is designed to be flexible with regard to the placement of
buildings, tracts and related utilities and water management facilities, More specific
commitments will be made at the time of Site Development Plan and permitting
approval, based on compliance with all applicable requirements of this Ordinance,
the LDC and local, state and federal permitting requirements, All tracts may be
combined or developed separately subject to compliance with the applicable
dimensional requirements contained within this document.
B, The anticipated time of build-out of the project is approximately four (4) years from
the time of issuance of the first building permit, or 2006. However, actual build-out
will depend on market conditions,
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SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied generally
to the development of the Bosley Planned Unit Development and Master Plan.
4.1 GENERAL
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Bosley PUD shall be in accordance with the
contents of this document, the PUD Planned Unit Development District and other
applicable sections and parts of the LDC and the Collier County Growth
Management Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements,
The developer, his successor or assignee, agree to follow the PUD Master Plan
and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bosley PUD shall become part of the regulations that
govern the manner in which this site may be developed,
D. 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 LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development,
E. Unless specifically waived through any deviation, variance, or waiver provisions
of any other applicable regulations, the provisions of those regulations not
otherwise provided for within this PUD remain in full force and effect, In the
event of conflict between the provisions of this PUD and the LDC the provisions
of this PUD shall govern. Items not specifically stated in this PUD shall comply
with the provisions of the LDC.
F, The Developer, its successors 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.
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4.2 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments of this document in effect at the
time of construction plan approval.
4.3 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with the applicable regulations in effect at
the time construction plans and plat approvals are requested, Easements dedicated to Collier
County shall be counted toward the County's open space and the retention of native
vegetation requirements,
4.4 AMENDMENTS TO THE ORDINANCE
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested.
4.5 PROJECT PLAN APPROVAL REQUIREMENTS
Exhibit "A," the PUD Master Plan, constitutes the required PUD development plan.
Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if require d)
shall be submitted for the entire area covered by the PUD Master Plan. All division of
property and the development of the land shall be in compliance with the subdivision
regulations set forth in Division 3.2 of the LDC.
Prior to the recording of the final subdivision plat, (if required) by the subdivision regulations
set forth in Division 3,2 of the LDC, final plans of the required improvements shall receive
the approval of all appropriate Collier County governmental agencies to ensure compliance
with the PUD Master Plan, the County subdivision regulations and the platting laws of the
State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable.
Should no subdivision ofland occur, Section 3.3 shall be applicable to the development of
the PUD Master Plan.
4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of
fill activities on buildable portions ofthe project site, there is a surplus of earthen material,
offsite disposal is also hereby permitted subject to the following conditions:
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A. Excavation activities shall comply with the definition ofa "development excavation"
pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed
ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic
yards.
B. A timetable to facilitate said removal shall be submitted to the Development Services
Director for approval. Said timetable shall include the length oftime it will take to
complete said removal, hours of operation and haul routes.
C, All other provisions of Section 3.5 of the LDC are applicable.
4.7 SUNSET AND MONITORING PROVISIONS
The Bosley Residential PUD shall be subject to Section 2,7.3.4 of the LDC, Time Limits for
Approved PUD Master Plans and Section 2,7.3.6, Monitoring Requirements,
4.8 POLLING PLACES
Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County
Land Development Code.
4.9 NATIVE VEGETATION
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the LDC for the subject property.
4.10 OPEN SPACE
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space
will be allocated within each subsequent development area. Open space may be in the form
oflandscaping, additional buffers, passive or active recreation areas and water management
facilities. The total aggregate of such open space areas shall meet or exceed the open space
requirements of Section 2.6.32 of the LDC.
4.11 ARCHAEOLOGICAL RESOURCES
The developer shall be subject to Section 2.2.25,8.1 ofthe LDC pertaining to archaeological
resources in the event such resources are contained on the property,
4.12 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces,
and water management facilities, shall be the responsibility of a homeowners' association to
be established by the developer.
4.13 SIGN AGE
All signage shall be in accordance with Section 2,5 of the Collier County Land Development
Code, as applicable, except for the following deviation:
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An off-site directional sign may be shared by the Bosley PUD and the residential component
of the Donovan Center PUD, If the Bosley PUD and the residential component of the
Donovan Center PUD are developed as a unified project, the maximum area of the sign shall
be l2 square feet, If the Bosley PUD and the residential component of the Donovan Center
PUD are developed as separate projects, the maximum area of the sign shall be 16 square
feet.
4.14 OFF STREET PARKING AND LOADING
All off street parking and loading facilities shall be in accordance with Division 2,3 ofthe
Collier County Land Development Code.
4.15 LANDSCAPING
All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier
County Land Development Code, and perimeter landscaping shall be required in accordance
with LDC Section 2.4.7,
4.16 GENERAL PERMITTED USES
Certain uses shall be considered general pennitted uses throughout the Bosley PUD except in
the Preservation Areas. General permitted uses are those uses which generally serve the
Developer and residents of the Bosley PUD and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1, Essential services as set forth under LDC, Section 2.6.9,1,
2, Water management facilities and related structures,
3, Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
4, Guardhouses, gatehouses, and access control structures,
5, Community and neighborhood parks, recreational facilities,
6. Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including necessary
access ways, parking areas, and related uses,
7, Landscape features including, but not limited to, landscape buffers, berms,
fences, and walls subject to the standards set forth in Section 2,11 of this
PUD.
8. Any other use, which is comparable in nature with the foregoing use,
consistent with the permitted uses and purpose and intent statement of this
PUD, as determined by the Board of Zoning Appeals,
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SECTION V
PRESERVE AREA REQUIREMENTS
5.1 PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit" A", PUD Master Plan,
5.2 PERMITTED USES
The PUD Master Plan provides for ±4,O acres of preserve areas and a total of 4,6 acres of
preserve area will be provided at the time of site development plan approval. Minor
adjustments may be made to the boundaries of preserve areas based on wetland permitting
considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following structures:
A. Permitted Principal Uses and Structures:
1. Passive recreation areas.
2. Biking, hiking, nature trails, boardwalks, and shelters.
3. Water management structures.
4, Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the Preserve
Areas, after the appropriate environmental review.
B. Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses and purpose and intent statement of this PUD, as determined by
the Board of Zoning Appeals,
5.3 DEVELOPMENT STANDARDS
A. Principle structures shall be required to be set back twenty-five (25) feet from
preserve areas.
B. LDC Section 3.9.5.5.6.4. requires that Aaccessory structures shall be set back ten
(10) feet from preserve areas, and there shall be no site alternations within the first
ten (10) feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve (i,e. Fill may be approved to be placed
within ten (I 0) feet of the upland preserve but may not be à-pproved to be placed
within ten (10) feet of a wetland preserve, unless it can be demonstrated that it will
not negatively impact that wetland).
C, Maximum height of accessory structures is fifteen (15) feet.
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D. This PUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
E. This PUD shall comply with the guidelines of the United States Fish and Wildlife
Service (USFWS) and the Florida Fish and Wildlife Conservation Commission
(FWC), or with the Land Development Code requirements for listed species at the
time of site development plan approval, A habitat management plan for those species
shall be submitted to environmental review staff for review and approval prior to site
plan approval.
F, In the event the project does not require platting, all conservation areas shall be
recorded as conservation/preservation tracts or easements dedicated to the project's
homeowners association or like entity for ownership and maintenance responsibility
and to Collier County with no responsibility for maintenance,
G, All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual removal
of these plants (in perpetuity) shall be the responsibility of the property owner.
H, A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species,
1. At the time of development order submittal, a recreation plan will be submitted for
all preserve areas that do not qualify as viable functioning habitats as defined in the
County GMP,
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SECTION VI
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL
DEVELOPMENT
6.1 PURPOSE
The purpose ofthis Section is to identify permitted uses and development standards for areas
within the Bosley Residential PUD designated for residential development on the PUD
Master Plan, Exhibit "A."
6.2 MAXIMUM DWELLING UNITS
A maximum of three hundred and three (303) dwelling units are permitted on the subject
property. Dwelling units will be multifamily work force housing units,
A maximum of 180 dwelling units are permitted within one year of approval of the Bosley
PUD. The remaining 123 dwelling units are permitted one year after the approval of the
Bosley PUD. This phasing plan shall not be applicable upon the completion of the
Immokalee Road six-lane construction adjacent to Strand Boulevard, or upon the completion
of construction of the east-west segment of Livingston Road (Veterans' Parkway) from the
Strand PUD to the north-south segment of Livingston Road, whichever occurs first.
6.3 GENERAL DESCRIPTION
The approximate locations of residential areas are depicted on the PUD Master Plan. The
PUD Master Plan also depicts preserve areas, water management areas, and an access to the
subject property. Actual acreage of all development tracts will be provided at the time of site
development plan or final subdivision plat approval in accordance with Article 3, Division
3.3, and Division 3.2, respectively, of the Collier County Land Development Code.
Residential areas are designed to accommodate internal roadways, open spaces, recreational
amenity areas including a club house, water management facilities, and other similar uses
typically found in residential areas.
6.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1, Multi-family dwellings, including garden apartments
2. Any other housing type, which is comparable in nature with the foregoing
uses consistent with the permitted uses and purpose and intent statement of
this PUD, as determined by the Board of Zoning Appeals,
B. Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal
residential uses permitted in this PUD, including recreational facilities,
maintenance facilities, and a clubhouse
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2, Any other housing type, which is comparable in nature with the foregoing
uses consistent with the permitted uses and purpose and intent statement of
this PUD, as determined by the Board of Zoning Appeals.
6.5 DEVELOPMENT STANDARDS
The permitted uses and standards for multi-family dwellings are as follows:
1. Minimum Lot Areas - 1 acre
2, Minimum Lot Width -150 feet
3. Front Yard - 20 feet
4, Side Yard - one-half of the building height
5, Rear Yard Principal- 20 feet
6. Rear Yard Accessory - 10 feet
7, Maximum Building Height Principal Structures - 4 stories for a maximum height of
45 feet *
Minimum Distance Between Structures - one-half of the building height
Floor Area Minimum - 600 SF
8.
9,
10.
11.
12,
Minimum setback Principal Structures from preserve boundary - 25 feet
Minimum setback Accessory Structures and all other site alterations from preserve
boundary - 10 feet
LDC Section 3.9.5.5.6.4. requires that accessory structures shall be set back ten(lO)
feet from preserve areas and there shall be no site alternations within the first ten (l0)
feet adjacent to any preserve unless it can be demonstrated that it will not adversely
impact the integrity of that preserve (i,e, Fill may be approved to be placed within ten
(10) feet of the upland preserve but may not be approved to be placed within ten (10)
feet of a wetland preserve, unless it can be demonstrated that it will not negatively
impact that wetland).
* Maximum height accessory structures twenty-five (25) feet,
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SECTION VII
DEVELOPMENT COMMITMENTS
7.1 ENVIRONMENTAL STANDARDS
The purpose of this Section is to set forth the environmental commitments of the project
developer.
A, Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open
space (i.e., lakes and golf courses) and passive recreational uses only. Vegetated
preserve areas may be reconfigured provided all other applicable requirements of this
Ordinance are met. All preservation areas shall be designated as Preservation Tracts
or easements on all construction plans and shall be recorded with protective
covenants per or similar to Section 704.06 of the Florida Statutes, Any perimeter
berm or wall shall be entirely outside of all upland and wetland preserve areas.
B. All approved agency (South Florida Water Management District [SFWMD}, United
States Army Corps of Engineers [ACOE], FWC) permits shall be submitted prior to
final site plan/construction plan approval.
C, Native vegetation preservation shall conform to the requirements of Subsection
3.9,5.5.3 ofthe Collier County LDC. For this PUD, aminimumof4,6 acres of native
vegetation shall be retained on site at the time of site development plan approval.
D, An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the
site, with emphasis on the Preservation Area, shall be submitted to the Environmental
Review Staff for review and approval prior to final site plan/construction approval.
A schedule for exotic removal within all Preservation Areas shall be submitted with
the above-mentioned plan.
E, This PUD shall comply with the guidelines and recommendations of the USFWS
and the FWC regarding potential impacts to protected wildlife species, Where
protected species are observed on site, a habitat management plan for these protected
species shall be submitted to Environmental Review Staff for review and approval
prior to final site plan/construction approval.
F, The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals to which said regulations relate.
7.2 TRANSPORTATION REQUIREMENTS
The purpose of this Section is to set forth the transportation commitments of the project
development.
A. All traffic control devises, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
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edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the
collier County Land Development Code (LDC),
B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any
such facilities,
C, Adjacent developments have been designed to provide shared access or
interconnections with this development, The PUD Master Plan indicates these
locations. The developer, or assignees, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access by
incorporating appropriate language into the development covenants or plat,
7.3 UTILITY REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
A, Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No,
2001-57, as amended, and other applicable County rules and regulations,
B. All customers connecting to the water distribution and sewage collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates, Should the County not be in a
position to provide sewer service to the project, the sewer customers shall be
customers of the interim utility established to serve the project until the County's off-
site sewer facilities are available to serve the project,
C, Sidewalks shall be provided in accordance with the requirement of LDC Section
3,3.7,1.9.13.
7.4 ENGINEERING REQUIREMENTS
A, Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be
issued unless detailed paving, grading, site drainage and utility plans are submitted
and until approval of the proposed construction, in accordance with the submitted
plans, is granted by the Development Services Department,
B, A copy ofthe SFWMD Surface Water Management Permit must be received by the
Development Services staff prior to any construction drawing approvals,
C, Subdivision of the site shall require platting in accordance with Section 3,2 of the
LDC to define the right-of-way and tracts shown on the PUD Master Plan,
D, The developer and all subsequent owners of this project shall be required to satisfy
15
G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean.doc
the requirements of all County Ordinances or Codes in effect prior to or concurrent
with any subsequent development order relating to this site, including but not limited
to preliminary subdivision plat, site development plan and any other applications that
will result in the issuance of a final development order.
7.5 WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the project
developer,
A. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or
abutting property lines, with side, rear or abutting property lines fenced,
B. Landscaping may be placed within the water management area in accordance with the
criteria established within Section 2.4.7.3 of the LDC.
C. The wet season water table elevation shall be established at the time of South Florida
Water Management District (SFWMD) permitting, which is required for the subject
property .
D. A surface water management permit must be obtained from the SFWMD prior to
any subdivision or site plan approval.
7.6 WORK FORCE HOUSING
The purpose of this Section is to set forth the commitments for work force housing, which
are further set forth in the Affordable Housing Density Bonus Agreement.
Should the number of work force housing units be less than 303 dwelling units, the
percentage of affordable housing units to be provided will be the same percentage of low
income, very low income, and very-very low income, as set forth in the Affordable Housing
Density Bonus Agreement.
7.7 PARKS
Within 120 days of notification by the Parks and Recreation Department Director, the
developer shall install a pedestrian connection to the North Naples Regional Park,
16
G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean.doc
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AGREEMENT AUTHOR'Z'NG AFFORDABLE HOUS'NG
QENS'TY BONUS AND iMPOSING COVENANTS AND
RESTRiCT'ONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of ,2004, by and
between Benderson 85,1 Trust, WR-I Associates, Ltd, RB-3 Associates, and/or their
successors (the "Developer") and the Collier County Board of County Commissioners
(the "Commission"), collectively, the "Parties."
REC'T ALS:
A. The Developer is the owner of a lract of real property described as (See
attached Leqal Description) in Collier County, Florida (The "property") The legal and
equitable owners include Benderson 85,1 Trust, WR-I Associates, Ltd., and RB,3
Associates. It is the Developers inlent to construct a maximum of up to 303 residential
units (the "Units") at a density of 15 units per gross acre on the Property. The gross
acreage of Property is 20.23 acres. The number of affordable Units constructed by
Developer shall be up to 303, representing 100 percent of the total number of
residential Units in the development. However, the developer in accordance with
Section 7.6 of the Bosley PUD Ordinance may construct a lesser number of dwelling
units provided the same percentage of low income, very low income, and very,very low
income housing units are developed.
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., 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 162 bonus Units on the Property, if the Developer
agrees to construct affordable Units as specified in this Agreement and the Developer
covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, in consideration of the approval and granting of the density
bonus of 8.0 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:
H:\Public\Patrick\PGW Agrccm¡
Exhibit "B"
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 up to 303 affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, B, and G, which APpendix is incorporated by reference herein and
constitutes a part of this Agreement.
a. The following provisions shail be applicable to the affordable Units;
(1) Defined terms: In the event of a conflict between terms as defined in the
LOG or in Ordinance No. 90-89, Section 4, the definitions of the LOG will controi when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LOG § 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) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be increased each year from the date of this Agreement as long as the rent
does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then applicable
median adjusted gross annual income for the household as published annually by the
U.S. Department of Housing and Urban Development for the area defined as the
Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
(3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
G, which Exhibit shail 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 mutuaily
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agree to another reasonable and comparable method of computing adjustments in
median income.
(4) Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification
of family housing unit provided under the affordable housing density bonus program
prior to being quaiified at the appropriate level of income (low or very low income) in
accordance with this Section.
The Developer shall be responsible for qualifying tenants by a~cepting
applications from tenants, verifying income and obtaining income certification for all
affordable units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the Housing and Urban
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LDC §§
2.7.7.5. and 2.7.7.6., respectively.
(a) Application. A potential tenant shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable
housing density bonus program. The Preliminary Application for Affordable Housing
Unit shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit A, attached to this Agreement and incorporated by reference
herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shail be rented to a tenant whose household income has not been verified
and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a low or very low income family. Tenant income verification and
certification shall be repeated annually to assure continued eligibility.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information, tenant verification
of the return, and a signature block with the date of application. The verification shail be
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period,
the information may be verbally updated from the original sources for an additional 30
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days, provided it has been documented by the person preparing the original verification.
After this time, a new verification form must be completed. The Affordable Housing
Applicant Income Verification form shall be provided by the Housing and Urban
Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement
and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
tenant (including the entire household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant
has a low or very low household income which qualifies the potential occupant as an
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit C, attached to this Agreement and incorporated by reference
herein.
(e) Rental Agreement. At a minimum, the rental agreement shall inciude the
following:
(i) name, address, and telephone number of the head of household and ail
other occupants;
(ii) a description of the unit to be rented;
(iii) the term of the lease;
(iv) the rental amount;
(v) the use of the premises;
(vi) monitoring and enforcement provisions, including disqualification of
tenant; and
(vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
may be conducted by the Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing and Urban Improvement Director or his
designee, then such tenant shall be required to vacate the affordable unit. If tenant
vacation of the affordable unit is the result of an error, omission or misrepresentation
made by Developer, tenant shall vacate the affordable unit within thirty (30) days and
Developer shall pay penalties as provided by the monitoring and enforcement program.
If tenant vacation of the affordable unit is the result of a misrepresentation made by the
tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as
provided by the monitoring and enforcement program. Such eventuality shall be
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_._,-"..-.~.~.,---,~_.,-,."~--
expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer shail provide the
Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of their
construction, rental and occupancy. The annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on
or before September 30 of each year and the report shall be submitted. by the
Developer to the Housing and Urban Improvement Director. Failure to complete and
submit the monitoring report to the Housing and Urban Improvement Director within
sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00)
per day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
(7) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 7 units per acre, and is therefore granted a density
bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre
X gross acreage) of 162 density bonus units, pursuant to Collier County Affordable
Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the
Developer may construct thereon, in the aggregate a maximum number of up to 303
units on the Property provided the Developer is able to secure building permit(s) from
Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Develope,
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to rent, seil or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
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Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the Housing and Urban Improvement Director or
by any other persons pursuant to the authority which is delegated to them by the
Ordinance.
Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement
shail 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 allqwed by
law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement that should be
enforced before the Code Enforcement Board, then a Notice of Violation shall be
issued and sent by the Housing and Urban Improvement Director by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of
the Ordinance. The Notice of Violation shall be in writing, shail be signed and dated by
the Housing and Urban Improvement Director or such other County personnel as may
be authorized by the Board of County Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or with Ordinance No.
90-89, as amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with Ordinance No. 90-89, as amended.
6. Assignment by Commission. The Director of the Collier County
Department of Financial Administration and Housing 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 Director of the Collier County
Department of Financial Administration and Housing, 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
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written consent of the Director of the Collier County Department of Financial
Administration and Housing 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 shail be sent by mail,
postage prepaid, to the parties at the following addresses:
To the Commission: Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer: Benderson 85-1 Trust
RB-3 Associates
WR-I Associates, Ltd.
8441 Cooper Creek Boulevard
University Park, Florida 34201
Any party may change the address to which notices are to be sent by notifying the other
party of such new address in the manner set forth above.
9. Authority to Monitor. The parties hereto acknowledge that the Director of
Collier County Housing and Urban Improvement or his designee, shail 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 ail 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.
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."...---.--..<,.................------
12. Recording. This Agreement shall be recorded at Developer's expense in
the official records of Collier County Florida.
13. Entire Agreement. The parties hereto agree that this Agreement
constitutes the entire Agreement between the parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the type of affordable housing rental unit (low or very low income)
designated in accordance with this Agreement for at least fifteen (15) years from the
date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this
Agreement may terminate upon a date mutually agreed upon by the parties and stated
in writing.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any tenant or potential tenant because of said tenants race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, rents, sells or maintains the
affordable housing unit, it must advertise, rent, sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in renting or purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the rental or purchase of affordable units.
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
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,.."~..._..-._---
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable housing units for this project, with 100
percent of the units in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential tenant, buyer or lender of the particular affordable housing unit or units, which
units in the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from development agreements as
defined by Chapter 163.3220, Fla. Stat. (1989) and as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Director the Developer Application for Affordable housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
A TTEST:1"'··~~..·. ," ,··.:¡,..~j{':t:·....·~·,l..F~¡··,
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~s to form and legal sufficiency:
,~
Patrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORID
By:
DEVELOPER: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd.
By:
f~
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Witnesses: (PRINT/AND SIGN NAMES BELOW)
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STATE OF FlOR r¡ A )
COUNTY OF G€H.:HER )
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The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
~ANdC4-\ \ 'ß,<-f\.\c\t~J ore ~h"ALG1 'ßf.ÞJrl~~,,1 85-1 TfO~T-t eß-3 ~
PrtJr\ W~N~ rn. ~ùßb.l ON ~HA\..{ 01 LÙR-î.%~oú~
WITNESS my hand and official seal this l-r day of
rn~
2004.
My Commission Expires:
~
C\OUAL0t )
Notary Public - '-_
~ ¡.,.,. Alicia H Ga~)
;, \f ,; My commiasionOOt.-/
~o",.I E>q)irel March 31 2007
--"",
/
Page 10 of 22
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APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y \lASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME (60% MI)
Efficiency
1 Bedroom
Max Rent Utility Allow. Net Rent
2 Bedroom 69 ($942.00 $82.00 $860.00)
3 Bedroom 68 ($1089.00 - $119.00 = $970.00)
4 Bedroom
TOTAL 137
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom 76 ($785.00 - $82.00 = $703.00)
3 Bedroom 75 ($907.00 - $119.00 = $788.00)
4 Bedroom
TOTAL 151
VERY-VERY LOW INCOME (40% MI)
Efficiency
1 Bedroom -
2 Bedroom 10
3 Bedroom 5 ($628.00 - $82.00 = $546.00)
4 Bedroom ($726.00 - $119.00 = $607.00)
TOTAL 15
(1) Base residential density allowed in this development 7 units/acre.
(2) Gross acreage 20.23.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 162 units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 15 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent ofthe total
number units in the development) 100 %.
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APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers
pledging to construct affordable units within their development. Included in this Exhibit Bare
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low income
households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development' based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unites) proposed in the development, and the type of affordable housing units
(owner-occupied or rentai, single- fami 1 y or multi - family, where appl icab Ie) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the totai number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies bet ween pI us 1/1 Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for eacb type of affordable housing unit bave been completed in Table
B, the affordable bousing density bonus for each type of unit shall be added to those for tbe otber
type(s) to determine the maximum atIordable bousing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
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APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate yonr density bonus in the space provided below. Attaeh additional pages if
necessary .
T ABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMS/UNIT
EFFICIENCY
AND 1
2
3 OR
MORE
MODERATE (OWNER-OCCUPIED,
SINGLE-F AMIL Y)
o
1*
1*
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMIL Y OR MULTI-
FAMIL Y)
2
3
4
VERY LOW (OWNER OCCUPIED OR
RENT AL, SINGLE-F AMIL Y OR
MUL TI-F AMIL Y)
3
4
5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
~DDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
lO% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Density Bonus: 3:3 for 69 two-bedroom units 4:2 for 68 three-bedroom units, 4:8 for 86 very
low two,bedroom nnits, and 5:6 for 80 three,bedroom units. Total bonus density of 17.9
equates to a density bonus of 8 dwelling units per acre.
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APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
December 16, 1992, moderate income is 61 % to BO% of the median income, low income is 5 1%
to 60% of the median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2001
$65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN F AMIL Y
1 2 J. 4 ~ ~ 7 ª
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 4l,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 3 l,200 35,100 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% l5,925 18,200 20,475 22,750 24,570 26,390 28,2l0 30,030
25% 11,375 13,000 l4,625 16,250 l7,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LlHTC) programs. The
rents given below are bascd un 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance program which is administered by the Cullier County
Housing Authority.
HOUSING COSTS BASED ON 30% F AMIL Y INCOME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM
UNIT UNIT UNIT UNIT
100%
80%
60%
50%
35%
25%
1,218
975
731
609
426
304
1,462
1,170
877
731
511
365
1,690
1,351
1,014
845
591
422
1,884
1,507
1,131
942
659
471
UTILITY ALLOWANCES
LOCATION
ONE BfR
UNIT
TWOBfR
UNIT
THREE BIR
UNIT
FOUR BIR
UNIT
Naples and Coastal
Collier County
71.00
91.00
128.00
156,00
Immokalee and East of
Everglades Blvd.
67.00
106.00
148,00
173.00
Golden Gate
96,00
144.00
186.00
211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
f/densitybonuslinc&rent rev. 4/01
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APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:_
Race/National Origin: Handicap: Yes _ No_
Race/National Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
I f you have resided al your presenl address less Ihan 3 years, pi ease slale previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
~
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone
No.
How long with Present Employer:
Title
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Job
Weekly $_ Every 2 Weeks $
Birth Date
Monthly $
Address and Telephone
No.
How long with Previous Employer
CO-TENANT:
Present Employers Name
Job Title
Address and Telephone No,
How long with Present Employer:
Gross Salary: Hourly $ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
Job Title
Every 2 Weeks $
Birth Date
Monthly $
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How long with Previous Employer
Job Title
NAMES OF ALL WHO WILL ocCUpy APARTMENT BIRTH DATE SEX AGE SOCIAL SECllRITY
1.
2.
3.
--
--
--
PERSONAL REFERENCES (Not Relativesl
I. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
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APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Social Security Number
Social Security Number
Date:
Applicant's Name:
Co-Tenant's Name: :
Present Address:
Street City
I hereby make application for an apartment at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, rca\ property rent, sale or ownership is a fraudulent act punishable 'by law,
Knowingly falsifying information on this form is cause for refusal of occupancy.
State
Zip
Telephone No,
Apartments.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to rent/buy an affordable housing unit. 1 understand that 1 am not
required to surrender my ownership or rights or claimed property, pensions or capital gains, etc,
Applicant Co-Tenant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $ --
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOT AL ANNUAL INCOME $ $
THE VERIFICA nON 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 DISQUALlFICA TION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
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APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
APPLICANT:
Job Title:
Present Employer:
Address:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this verification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
,200l.
Notary Public
My Commission Expires:
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):
. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Annually
Monthly
Supervisor
ST ATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
,2001.
Notary Public
My Commission Expires:
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE
AFFORDABLE UNIT.
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APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
pursuant to the requirements ofthe Collier County Affordable Housing Density Bonus Ordinance No.
90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to
the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34l04. A copy
must also be provided to the Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
20.23 acres ofPUD zonin
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
xx
Yes
No
If yes, state date of application July/2003 and if the request has been approved, state the Ordinance
number
3. Gross density of the proposed development. l5 units/acre,
Gross acreage of the proposed development. 20.23 acres.
4, Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? _XX_ Yes No,
If yes, please state name and location of the PUD and any other identifying information.
ro' ect located south of
Immokalee Road and west ofI-75. Section 30 Ran e 26 East and Townshi 48
South,
5. Name of applicant Benderson 85-1 Trust. RB-3 Associates. and WR-I Associates. Ltd.
Name of land developer if not the same as Applicant: _Benderson 85-1 Trust. RB-3
Associates. and WR-I Associates. Ltd,
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6. Please complete the following tables as they apply to the proposed development.
TABLE I
Total Number of Units in Development
Type of
Unit
Rental
Owner
Occupied
Efficiency
One Bedroom
Two Bedroom _155
Three Bedroom 148
Other Bedroom
TOTAL
303
T ABLE II
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
MODERATE INCOME (80% MI)
Rental
Owner
Occupied
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
1 Bedroom
2 Bedroom
69
3 Bedroom
68
Other
TOTAL
137
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Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus
Units
Rental
Owner Rental
Occupied
Owner
Occupied
VERY LOW INCOME (50% MI)
Efficiency
I Bedroom
2 Bedroom 76
3 Bedroom 75
Other
TOTAL
151
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus
Units
Rental
Owner Rental
Occupied
Owner
Occupied
VERY-VERY LOW INCOME (40% MI)
Efficiency
1 Bedroom
2 Bedroom
10
3 Bedroom
5
Other
TOTAL
15
7, Please provide a physical description of the affordable units by type of unit (moderate, lov
very low income) and by number of bedrooms, Include in your description, for example, the sqUaJ
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, refrigeratc
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attal
additional pages, (See attachment.)
8. Please supply any other information which would reasonably be needed to address this request ·
an affordable housing density bonus for this development. Attach additional pages.
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Summer Lakes Apartment Phase II and III
The proposed development will incorporate a variety of design features and physical amenities
that will ensure that the residents will be provided a safe, comfortable and energy efficient living
environment. The design features and physical amenities will contributc to an enhanced and
improved quality of life for all those who choose to call Summer Lakes their home. In addition,
the community will meet all huilding codes, Fair Housing Act and Americans with Disabilities
Act Requirements,
The proposed development will consist of a newly constructed apartment community. The
development will consist of up to 303 apartment homes constructed in either one or two phases
on approximately 20 acres. The property location is at the southwest comer of the intersection of
Immokalee Road and 1-75 in Napes, FL. The buildings will be a maximum height of four stories
or 45 feet garden style. One building will house the clubhouse, which will include our
management office, resident service coordinator, resident activities, and community services,
with recreational amenities and a pool.
Project amenities will include a custom designed outdoor pool, volleyball court, Jot
lot/playground, gazebo/picnic area, exercise room with appropriate equipment, computer room,
adequate parking and attractive landscaping.
Unit amenities will include wall,to,wall carpet, mini blinds, ceiling fans in all living and
bedroom areas, full size range, dishwasher, refrigerator, garbage disposal, cable TV hookup and
central air. The apartments will also have adequate space and hook -ups for full size washer and
dryers. The apartment homes are spacious as the two bedrooms are approximately 1,073 square
feet and the three bedrooms are approximately 1,250 square feet. All units will have two full
baths,
It is anticipated that the community will offer several social services at no charge to the resident.
Page 22 of 22
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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 2004-32
Which was adopted by the Board of County Commissioners
on the 25th day of May 2004, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of May, 2004,
DWIGHT E. BROCK
Clerk ~f. Courts ",a!'i~':ç:t~a::~.
Ex-offJ.cJ.O ~o ...~~~ð~r.~~·17"·'~·'
County CommJ.E;:S;:I;.(?n. "':~ '~"
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