Ordinance 2005-64
ORDINANCE NO. 05- 64
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUM-
BER 2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE APPRO-
PRIATE ZONING ATLAS MAP OR MAPS BY CHANG-
ING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A"
RURAL AGRICUL TURAL (A) AND RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD
PLANNED UNIT DEVELOPMENT FOR A PROJECT
TO BE KNOWN AS THE BRISTOL PINES RPUD,
CONSISTING OF 298 RESIDENTIAL UNITS THAT
WILL INCLUDE A MAXIMUM OF 30 UNITS DESIG-
NA TED AS AFFORDABLE HOUSING UNITS WITH A
CORRESPONDING DENSITY OF 3.0 UNITS PER
ACRE FOR PROPERTY LOCATED ON THE EAST
SIDE OF COLLIER BOULEVARD (CR-951) AND AP-
PROXIMA TEL Y ONE MILE SOUTH OF IMMOKALEE
ROAD (CR-846). IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR-
IDA, CONSISTING OF 42.61 ± ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 04-10,
AS AMENDED, THE FORMER BRISTOL PINES PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
, ,...;
WHEREAS, Dwight Nadeau of RW A, INC., representing Waterways Joint Venture IV,
petitioned the Board of County Commissioners, in Petition Number PUDZ-A-2004-AR-6084, to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS 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 Rural Agricultural
(A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Develop-
ment (RPUD) in accordance with the RPUD Document, attached hereto as Exhibit "A" which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps as described in Ordinance Number 2004-41, the Collier County Land Development Code,
is/are hereby amended accordingly.
Page 1 of2
SECTION TWO:
Ordinance Number 04-10, known as the Bristol Pines PUD, adopted on February 24,
2004 by the Board of County Commissioners of Collier County, is hereby repealed in its en-
tirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND D~~Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this )5 day of /Vú (/err7 t tl (,2005.
ATTEST:
DWIGHTE'BR:OCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: '1u1-W. ~
FRED W. COYLE, CHAI AN
Approved as to Form and
Legal Sufficiency
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Marj ie M. Student-StIfhng 0
Assistant County Attorney
PUDZ-A-2004-AR-6084
This ordinance f-; 10~ with the
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Page 2 of2
BRISTOL PINES RPUD
A
RESIDENTIAL 'PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING BRISTOL PINES RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
WATERWAYS JOINT VENTURE IV
14627 COLLIER BLVD
NAPLES, FLORIDA 34120
PREPARED BY:
"RWTA'C
CONSULTING
..L" y y..L ......
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
And
GOODLETTE COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA 34103
DA TE REVIEWED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
November 15, 2005
2005-64
Repeals 2004-10
"EXHIBIT A"
Bristol Pines PUDZ-A-2004-AR-6084
Approved PUD document
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TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
Section VI
Appendix "A"
Property Ownership and Legal Description
Project Development Requirements
Residential Development Standards
Recreation Area
Preserve Area
Development Commitments
Typical Cross Sections
~:CJi Pines PUDZ-A-2004-AR-6084
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III -1
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V-I
VI-l
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LIST OF EXHIBITS. TABLES AND APPENDIX
EXHIBIT "A"
RPUD MASTER PLAN
APPENDIX "A"
TYPICAL CROSS SECTIONS
EXHIBIT "B"
BOUNDARY SURVEY
TABLE I
PROJECT LAND USE TRACTS
TABLE II
DEVELOPMENT STANDARDS
Bristol Pines PUDZ-A-2004-AR-6084
Approved PUD document
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STATEMENT OF COMPLIANCE
The development of approximately 42.6 acres of property in Collier County, Florida as a Planned
Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan (GMP).
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 GMP for the following reasons:
1. The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses
contemplated are consistent therewith.
2. The project is proposed to be a residential planned unit development district located
within the Urban-Mixed Use District, as identified on the Future Land Use Map rrom the
FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides
for a density bonus when a proposed project intends to provide "affordable housing" as
outlined by Section 2.06.00 as defined in the Collier County Land Development Code
(LDC). 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 6.85 units per gross acre, which is provided for by
the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1.
of the Collier County GMP.
3. 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.
4. The project will further the implementation of Policy 1.4 of the Housing Element by
providing "affordable housing" in an area where planned inrrastructure and services will
be available.
5. The project will implement Policy 2.9 of the Housing Element by providing "affordable
housing" dwelling units blended within the planned market rate development.
6. The development will be compatible with and complementary to existing and planned
surrounding land uses.
7. 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.l.g. of the FLUE.
8. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of
the project will provide useable open space, or lands reserved for conservation purposes.
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Bristol Pines PUDZ-,':',-2004-AR-608,_~_".__~Q..~E'!çf PUD documAnt
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9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of
the Conservation and Coastal Management Element in that "native preserves" will be
incorporated into the project design.
10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and
10.02.07. of the LDC, it will Implement, and further Objective 8 of the Transportation
Element.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Bristol Pines RPUD.
1.2 LEGAL DESCRIPTION
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR
CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF
FOR ROAD RIGHT OF WAY.
AND:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR
CANAL BORROW AND DRAINAGE.
AND:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR
CANAL BORROW AND DRAINAGE.
AND:
THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM
THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY.
AND:
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE EAST 30 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 35, N.89°58'25"E., A DISTANCE OF 100.08 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02°14'59"E., A
DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH
LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY, AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF
THE PARCEL DESCRIBED HEREIN;
THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY, ALSO
BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID
NORTHWEST 1/4 N.89°58'25"E. FOR 1552.22 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S 02°15'20" E FOR 639.40
FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89°59'05"E. FOR 330.76 FEET TO
THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES, AS
RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES
N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT
WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35;
THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00
FOOT OFFSET LINE S.02°14'19"E. FOR 669.28 FEET TO A PLATTED CORNER OF
VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42
THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89°58'02"W. A
DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT
COUNTRY CLUB 2;
THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. A
DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH
1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4,
S.89°57'59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE
SAID EAST LINE OF CANAL EASEMENT;
THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL
EASEMENT N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS.
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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°58'25" EAST.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000,
00205760006, and 00205600001)
1.4 DEVELOPER
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 this 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 assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in the northwest half of Section 35, Township 48
South, Range 26 East. More than sixty percent of the proposed project site has been
cleared and utilized for agricultural purposes. Three single-family homes and associated
improvements are located on the project site that will eventually be eliminated with the
development of the proposed subdivision. Historically, timbering and cattle grazing have
occurred on the property. The property is generally without topographic relief, with
elevations ranging from 12.5 feet to 16.3 feet above mean sea level.
The water management system consists of approximately 4.4 acres of water management
areas that will receive run-off from structures and parking areas. Run-off 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 shall be in
accordance with Collier County Ordinance Number 90-10, as amended.
t.6 PROJECT DESCRIPTION
The Bristol Pines RPUD shall be a residential development consisting of attached single-
family housing in a townhouse configured, multi-unit building. Each unit is intended to
be sold in fee simple, including the platted lot upon which the residential unit is located.
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 shall be from Tree Farm Road.
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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 the fourth quarter of 2005, with completion programmed in
the third quarter of2007 (Capital Road Project #65061).
Each residential unit will be sèrved 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".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the Bristol Pines RPUD development, as well as other project relationships.
2.2 GENERAL
A. 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 parts of the Collier County LDC and
GMP 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 LDC shall apply.
B. This RPUD Document and attendant RPUD Master Plan is tailored to provide
specific development standards for the residential product proposed by the
developer.
C. Unless othelwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of building
permit application.
D. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bristol Pines RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or excepted through the approval of a deviation stated
herein, the provisions of other sections of the LDC, where applicable, remain in
full force and effect with respect to the development of the land that comprises
this RPUD.
F. Development permitted by the approval of this petition shall be subject to a
concurrency review under the provisions of Chapters 6.02.00. and 10.02.07.,
Adequate Public Facilities, of the LDC.
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.
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TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE±
TRACT "R" RESIDENTIAL 292 34.8
TRACT"RA" RECREATION AREA 0 2.7
TRACT "P" PRESERVE 0 5.08
TOTAL 292 42.6
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts 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 10.02.05. and 10.02.03.
respectively, of the Collier County LDC, or as otherwise permitted by this RPUD
Document.
C. 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.
2.4 MAXIMUM PROJECT DENSITY
A maximum of292 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 42.6 acres. The gross project density, therefore,
will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per
acre shall be developed in accordance with an approved Affordable Housing Density
Bonus Agreement (AHDBA).
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. 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 LDC.
B. 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 Chapter 10.02.04. of the Collier County LDC, and the platting
laws of the State of Florida.
C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts of land as provided by said
Chapter prior to the issuance of a building permit or other development order.
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D. Common area maintenance shall be provided by a property owners' association to
be established by the developer, whose functions shall include the provision for
perpetual maintenance of common facilities and open spaces. The property
owners' association shall be responsible for the operation, maintenance, and
management of the surface water management systems and preserves serving the
Bristol Pines RPUD, in accordance with the provisions of Collier County
Ordinances, together with any applicable permits from the South Florida Water
Management District.
E. Single-family attached units shall be constructed following the development
standards set forth in Table II of this Document. Each unit may be on a separate
platted lot. The developer shall submit additional pages to the Improvement Plans
required by Section 10.02.05. of the LDC to show typical lots, and typical
footprints of the proposed attached single-family residences, including any
anticipated accessory structures.
2.6 LAKE SETBACK AND EXCAVATIONS
A. Lakes shall conform with the requirements of Section 22-122(a) of the Collier
County Code of Laws and Ordinances for a development excavation. Lakes may
be excavated to the maximum development excavation depths set forth in Section
22-112( c) of the Collier County Code of Laws and Ordinances. 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 unless a
commercial excavation permit is received.
2.7 RIGHTS-OF-WAY
A. All platted project streets shall have a mInImUm 50-foot right-of-way. A
deviation from Section 6.06.01(0). of the LDC, for cul-de-sac and local streets,
LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and
Section III, Exhibit "A", Design Requirements for Subdivisons C.13.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See
Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The
internal project streets shall be private, and shall be classified as local streets.
B. 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.
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C. Tangents between reverse curves are nbt required for any local street design in
this RPUD. A deviation from Section III, Exhibit "A", Design Requirements for
Subdivisions C.13.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66.
2.8 AMENDMENTS TO RPUDDOCUMENT 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 10.02. 13.E. of the Collier
County LDC. Minor changes and refinements as described in Subsection 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 LDC.
2.9 DEDICA TION AND MAINTENANCE OF COMMON AREAS AND FACILITIES
Easements shall be provided for and depicted on subdivision plats and SDPs 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 the 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 10.02.13.L. of the Collier County LDC.
2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales/rental centers and other uses and structures related to the promotion
and 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 Section
5.04.04. ofthe Collier County LDC.
B. 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 application(s) for residential models, may be
submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC,
with applications for improvement plans and final subdivision plats, so as 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.
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C. The existing single-family principal structures may be used for temporary sales
centers, and construction operation/management offices, and may be served by
the existing well and septic systems. Such use of the existing single-family
structures shall be in compliance with all applicable federal, state and local codes
and permitting procedures.
D. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
2.11 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.
2.12 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 build-out date of December 31,2007.
2.13 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
pennit, 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:
A. Stockpile maximum side slope: 3: 1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than five feet over
residential development areas that are depicted on an approved site development
plan, or approved subdivision improvement plans, no fencing is required.
D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of
the LDC.
E. Fill storage shall not be permitted in Preserve Areas.
F. Fill may be stored on site for the maximum length of time of twenty-four (24)
months. This period may be extended through the written permission of the
Planning Services Director.
11-5
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2.14 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Bristol Pines RPUD requires a permit &om a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.15 NA TIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of
5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is
due to the fact that of the 42.6-acre project site, only 20.3± acres of the site is "native", by
definition. The two preserves, Tract "P", contain a total of 5.08 acres. For the purposes
of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of
Collier County. The combined southwesterly and northwesterly preserve tracts will have
approximately 1.96 acres of native vegetation re-created, and approximately 0.94 acres of
enhancement to an existing oak canopy.
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 two preserve areas that will be platted as a native
preserve tract. These preserve areas shall consist of retained native vegetation and
replanted vegetation.
Native preserves shall have an average fif~:y-foot (50') width, but be no less than twenty
feet (20') in width. The design, area, and configuration of the native preserves may be
modified. However, the remaining native preserves shall not be less than 5.08 acres in
total area.
Refer to Appendix "A", Typical Cross Sections, for details related to separation of
structures &om Tract "P", and the Native Preserves.
2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance
and attendant RPUD Master Plan, the provisions of the RPUD Document become a part
of the LDC 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 Maps shall be governed by the adopted development regulations set forth in
this RPUD Document, RPUD Master Plan, and applicable provisions of the LDC.
11-6
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,",."..,--".."",--,."",_.,,,.,,--;.-.~.._..."
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure,
perimeter land use buffers, as well as project signage, will occur within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall not
exceed 292 dwelling units and shall be established at the time of development plan
review. Those dwelling units classified as affordable housing shall be developed
consistent with the project's Affordable Housing Density Bonus Agreement.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following uses derived from the RMF-6 Zoning
District in effect as of the date of the adoption of this RPUD:
A. Principal Uses:
1) Single-family attached dwellings (including townhouses intended for fee
simple ownership including the platted lot associated with the residence).
2) Single-family detached dwellings.
B. Accessory Uses:
1) 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);
Project sales and administrative offices, which may occur in residential,
and/or in temporary buildings (See Section 2.10 of this RPUD Document).
3,4 DEVELOPMENT STANDARDS
A. 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. Homeowners' association boundaries shall not be
utilized for determining development standards.
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B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of
building permit application.
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
SINGLE-
FAMILY
DETACHED
SINGLE-
FAMILY
ATTACHED
TOWNHOUSE
CLUBHOUSE/
RECREATION
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F.
MINIMUM LOT WIDTH 40 FEET
MINIMUM FLOOR AREA 1,000 S.F.
MIN FRONT YARD 20 FEET
MIN SIDE YARD 7.5 FEET
MIN REAR YARD 15 FEET
MIN PRESERVE SETBACK 25 FEET
MIN. DlST.
BETWEEN STRUCTURES 15 FEET
MAX. BLDG. HT. 2 STORIES
NOT TO EXCEED 35 FEET
ACCESSORY STRUCTURES
FRONT S.P.S.
SIDE
S.P.S.
REAR (ATTACHED)
(DETACHED)
5 FEET
5 FEET
PRESER VE SETBACK
10 FEET
MIN. DlST.
BETWEEN STRUCTURES
15 FEET
MAX. BLDG. HT.
NOT TO EXCEED
2 STORIES
35 FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
Bristol Pines PUDZ-A-2004-AR-6084
2,250 S.F. 10,000 S.F.
25 FEET N/A
1,000 S.F. N/A
20 FEET N/A
o FEET or N/A
6 FEET
15 FEET N/A
25 FEET 25 FEET
15 FEET or N/A
Y2 BH whichever is greater
2 STORIES 2 STORIES
35 FEET 35 FEET
S.P.S.
20 FEET
S.P.S
Y2BH
5 FEET
5 FEET
10 FEET
20 FEET
10 FEET
10 FEET
10 FEET
greater of 15 feet
or Y2 BH whichever is
greater
2 STORIES
35 FEET
2 STORIES
-35 FEET
111-2
Approved PUD document
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Notes:
I) The location of structures proposed adjacent to the lake may have no setback from the
lake maintenance easement.
2) No structures shall be permitted in the required, 20-foot lake maintenance easement.
3) To ensure compatibility with the existing single-family residence on lands (Collier
County Folio Number 00206600000) lying south of the Bristol Pines property, only a
single-story residential structure may be located adjacent to that residence. If said
single-family land use is discontinued, this condition shall no longer apply.
4) A 15- foot wide setback shall be maintained from any residential structure to any
project perimeter property line.
5) F or all residential units, garages shall be located a minimum of 23 feet from the back
of the sidewalk located in the street rights-of-way closest to the garage, except for
side-loaded garages, wherein a parking area 23 feet in depth shall be provided to
avoid vehicles from being parked across a portion, or all of the sidewalk.
6) To ensure compatibility with the Vanderbilt Country Club PUD, a modular concrete,
100% opaque, wall/fence shall be installed along the south boundary of the Bristol
Pines RPUD, adjacent to the boundary of the Vanderbilt Country Club PUD.
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SECTION IV
RECREATION AREA
4.1 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.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Structures intended to provide social and recreational space;
2) Outdoor recreation facilities, such as community swimming pools, 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 in effect at the
time of the request for such use.
B. Accessory Uses:
1) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures for purposes of maintenance, storage or shelter
with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
A. 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. Homeowners' association boundaries shall not be utilized for
detennining development standards. Development standards for Tract RA are
contained in Table II in this Document.
B. There shall be a minimum of 20 feet separation of recreational building(s) from all
residential units.
C. OFF -STREET PARKING AND LOADING REQUIREMENTS: As required by
Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of
building permit application.
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Bristol Pines PUDZ-A-2004-AR-6084
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SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose
of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced 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 issuance of regional, state and
federal pennits, when required:
A. Principal Uses:
Nature preserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Passive recreational uses such as pervious nature trails, shelters or
boardwalks as long as any clearing required to facilitate these uses does not
impact the minimum required native vegetation. These uses shall be subject
to approval by the appropriate pennitting agencies.
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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 shall be constructed in strict accordance with site development plans, final
subdivision plats (if required), and all applicable State and local laws, codes, and regulations
applicable to this RPUD. Except where specifically noted or stated otherwise, the standards
and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the
Administrative Code for Collier County Construction Standards Manual adopted through
Ordinance No. 2004-66 shall apply to this project, even if the land within the RPUD is not to
be platted. The developer, its successors and assigns, shall be responsible for the
commitments outlined in this Document. These commitments shall be enforced through
provisions agreed to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions shall 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 assignees, 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 assignees in title
to the developer are bound by any commitments within this Document. These commitments
may be assigned or delegated to a homeowners' association to be created by the developer.
Upon assignment or delegation, the developer shall be released ITom responsibility for the
commitments.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. 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 Subsection 10.02.13.E. of the LDC,
amendments may be made from time to time.
B. 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.
C. 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.
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Bristol Pines PUDZ-A-2004-AR-6084
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1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County GMP and the Bristol Pines RPUD Document.
b. The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 10.02.13.E. of the Collier County LDC.
c. 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 1O.02.13.E. of the LDC:
a. Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and permitting.
There may be no overall decrease in preserve area.
b. 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.
c. 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 Paragraph
6.3.C.2.)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 in effect at the time of the Administrator's
consideration for approval.
4) Approval by the Administrator of a minor change or refinement may occur
independently from, and prior to any application for subdivision (if required),
or site development plan approval, however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
applicable County permits and approvals.
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6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC.
B. An annual RPUD monitoring report shall be submitted pursuant to Section
1O.02.13.F. of the LDC and be in the form of an affidavit by the property owner or
designated agent.
C. The project will be developed in two phases, to be completed in early 2006.
Recreation, including playground facilities, and clubhouse facilities shall be
constructed simultaneously with the development of the residential product. A
proportionate amount of the recreation facilities must be open and available to
residents prior to the issuance of the first residential dwelling unit permanent
certificate of occupancy (CO).
D. The 138 dwelling units approved above the original 159 units approved via
Ordinance Number 04-10 shall not receive a Certificate of Occupancy until January
1, 2007 and will be released at a number not to exceed twenty (20) per month.
6.5 TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All traffic control devices, 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
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 LDC.
B. Arterial level street lighting shall be provided at all development access points.
Access lighting shall be in place prior to the issuance of the first CO.
C. 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 shall be in place and available to the public prior to the
issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13,
as amended, and Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended.
E. All work within Collier County rights-of-way or public ingress or egress easements
shall require a right-of-way permit.
VI-3
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F. All proposed median opening locations' shall 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
shall be based on, but are not limited to, safety, operational circulation, and roadway
capacity.
G. 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 shall the existence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for
any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. Collier Country shall have no responsibility for maintenance of any such
facilities.
I. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating right-of-way shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the opinion of Collier County Transportation Division, a traffic signal, or other
traffic control device, sign or pavement marking improvement within a public right-
of-way or ea3ement 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.
K. This project and all adjacent developments shall be encouraged to provide shared
access or interconnections. The developer, or assigns, of this project, shall assure
that any such shared access or interconnection will be utilized. The developer shall
accommodate the perpetual use of such access by incorporating appropriate language
into the development covenants or on the plats.
L. 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
M. The developer, its successors and/or assigns, shall be responsible for mitigation for
noise abatement, if and when it becomes warranted. Prior to turnover to the
homeowners' association the developer shall notify the future homeowners'
association of the obligation and shall be responsible to provide a warrant study if
the development is located on a County arterial or facility which is anticipated to be
improved as shown on the Transportation Division's Long Range Plan.
VI-4
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N. On January 11, 2005, the Board of County Commissioners adopted a Developer's
Contribution Agreement pertaining to the Developer's participation in the future
improvement of Phase One of Tree Farm Road from Collier Boulevard to the
intersection of Davila Street.
O. The developer shall be responsible for the design cost of the proposed improvements
to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended
intersection at Massey Road, not to exceed $150,000.00.
6.7 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. 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.
B. An excavation permit shall be required for the proposed lakes in accordance with the
Collier County LDC and South Florida Water Management District Rules.
C. The project shall obtain a surface water management permit from the South Florida
Water Management District prior to any site development plan approval.
6.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. 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 Number 04-51, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County, and shall be billed by the County
in accordance with the County's established rates.
C. The development shall be subject to application for and conditions associated with a
water and sewer availability letter from the Collier County Utilities Division.
D. Sewer availability is subject to construction and placement into service by the County
of a proposed 16 inch force main along Collier Boulevard.
VI-5
Bristol Pines PUDZ-A-2004-AR-6084
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6.9 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. 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.
B. All conservation/preservation areas shall be designated as preserve tracts subject to a
conservation easement on all construction plans and, if the project is platted, shall be
recorded on the plat with protective covenants per or similar to Section 7.04.06 of
the Florida Statutes. Preserve tracts shall be dedicated on the plat to the project
homeowners' association or like entity for ownership and maintenance
responsibilities and the conservation easement shall be dedicated to Collier County
with no responsibility for maintenance. In the event the project does not require
platting all conservation/preserve areas shall be recorded as conservation easements
in favor of the project's homeowners' association or like entity for ownership and
maintenance responsibility and to Collier County with no responsibility for
maintenance.
C. 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
averaging twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not possible, structural buffers shall be provided in accordance with the
State of Florida Environmental Resource Permit Rules.
D. The development shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) 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, and/or their habitats shall be submitted to Environmental Services Staff for
review and approval prior to final site plan/construction plan approval.
E. 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. 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 homeowners' association.
F. The RPUD shall be consistent with the Environmental Sections of the Collier County
GMP, and the Collier County LDC in effect at the time of final development order
approval.
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G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to
final plat/construction plan approval.
H. A Preserve Area Management Plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval identifying methods to
address treatment of invàsive exotic species, fire management, and maintenance.
I. A 30-inch elliptical pipe shall be placed under the project's spine road to connect the
two preserves for the purposes of a faunal crossing. It should be noted that this is not
a water management structure, merely a small wildlife crossing.
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for the clubhouse facilities, construction
operation/management office and model center which may be constructed after zoning
approval of this RPUD rezone.
6.11 SIGNS
All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at
the time of site development plan approval.
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls shall be generally permitted throughout the
Bristol Pines RPUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1) Grassed berms 4: 1
2) Ground covered berms 3: 1
B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed
24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height
as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9.
and 5.03.02.B. 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.
C. 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.
6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Subsection
4.06.03.B. of the Collier County LDC in effect at the time of building permit application.
VI-7
Bristol Pines PUDZ-A-2004-AR-6084
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6.14 POLLING PLACES
Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, 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 County. Such agreement shall be binding upon any and all successors in interest that
acquire ownership of such common areas including homeowners' associations.
VI-8
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Prepared by:
Patrick G. White
Ass't. Collier County Att'y.
3301 Tamiami Trial East
Naples, FL 34112
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
, 2005, by and
between Waterways Joint Venture IV. a Florida Qeneral 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 two hundred ninety two (292) residential units (the "Units") at a density of
6.85 units per gross acre on the Property. The gross acreage of Property is 42.6 acres.
The number of affordable Units constructed by Developer shall be 29, representing 1.Q
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 04-41, as Land
Development Code (LDC) § 2.06.00 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 one hundred twenty one (121) bonus Units on the Property,
if the Developer agrees to construct affordable Units as specified in this Agreement.
Rev 7/8/2005
Page 1 of 22
II~~I
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 2.85 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 Aareements. The Developer hereby agrees that it shall construct
thirty (30) 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.
I
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 § 2.06.04 "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 income of
the area as defined by the U.S. Department of Housing and Urban Development (HUD)
shall be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted for
family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit
shall be adjusted from time to time in accordance with any adjustments that are authorized
by HUD or any successor agency. In the event that HUD ceases to publish an established
median income as aforesaid, the Parties hereto shall mutually agree to another
reasonable and comparable method of computing adjustments in median income.
(3) Eliaibilitv 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
Page 2 of 22
{]\!f
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 in LDC §§ 2.06.05
and 2.06.06, respectively.
(a) Application. A potential owner shall apply to the developer, owner, manager,
or agent to qualify as a low income family for the purpose of owning and occupying an
affordable housing unit pursuant to the affordable housing density bonus program. The
Preliminary Application for Affordable Housing Unit shall be provided by the 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 § 2.06.05.
(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 for an additional 30 days,
provided it has been documented by the person preparing the original verification. After
this time, a new verification form must be completed. The Affordable Housing Applicant
Income Verification form shall be provided by the 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
Page 3 of 22
Jl\ l \
I
appropriate household income which qualifies the potential occupant as an eligible family
to occupy an affordable housing unit under the affordable housing density bonus program.
The Affordable Housing Applicant Income Certification form shall be provided by the
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 § 2.06.00, may be conducted by
the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Proqress and Monitorinq 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
\
minimum, provide any information reasonably required to insure compliance with LDC §
2.06.00, 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
2.85 density bonus units per acre, for a total density (total = density bonus units per acre X
gross acreage) of 6.85 units/ac, pursuant to LDC § 2.06.00 The Commission further
agrees that the Developer may construct thereon, in the aggregate a maximum number of
two hundred ninety two (292) units on the Property provided the Developer is able to
secure building permit(s) from Collier County.
Page 4 of 22
(I~ \
4. Commission Aqreement. 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 § 2.06.00
to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under
the affordable housing density bonus program except as specifically permitted by the
terms of this Agreement; or to knowingly give false or misleading information with respect
to any information required or requested by the Financial Administration and Housing
Department or by any other persons pursuant to the authority which is delegated to them
,
by LOC § 2.06.00 Collier County or its designee shall have full power to enforce the terms
of this Agreement. The method of enforcement for a breach or violation of this Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinqs.
Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00,
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 § 2.06.00, 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 § 2.06.00, as amended.
6. Assianment bv 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
Page 5 of 22 t \II
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv. 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:
, Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Waterways Joint Venture IV
914 Grand Rapids Boulevard
Naples, FL 34120
Attention: Richard Davenport
With copy to:
Richard D. Yovanovich, Esquire
Goodlette, Coleman & Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, FL 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. Authoritv 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 Deveioper, its agents or employees, arising out of or incidental to the
performance of this Agreement.
Page 6 of 22
(fvl f
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 County'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
I
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 §2.06.04.
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.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner
and shall make available any relevant information to any person who is interested In
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
d. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
e. 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
Page 7 of 22 flY. ,
Developer Application for Affordable Housing Density Bonus shall be the same in both the
market rate units and the affordable units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities for
market rate units and affordable units are the same within each phase and provided that in
no event may a market rate unit or affordable unit in any phase contain physical amenities
less than those described in the Developer Application.
17. 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 1Q percent affordable housing units for this project, with 1Q 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 affoidable housing units and the amount of affordable housing
density bonus approved for the development.
20. Affordable Housinq 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.
Page 8 of 22 ¡fll \
I
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 Agrêement 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 COUNTY, FLORIDA
Deputy Clerk
By: FRED W. COYLE, CHAIRMAN
Approved as to form and legal sufficiency:
\ /, ¡ ¡ ! I \,: \ }, II ! ïi I
\ 1"" .., ,,', \ \ \
Patrick G. White
Assistant County Attorney
Page 9 of 22 1/\ I f
DEVELOPER:
WATERWAYS JOINT VENTURE IV,
A Florida general partnership
By: Waterways at Hibiscus, Ltd.,
a Florida limited partnership
its general partner
~i,t,,~,,~s....s,')Ç¡fie. S,.: ~,;.'
'f-/ I ~-c:.
_____ G.-7 //'., '~:;.-
Witness j' ()
Printed Name 0 >1(', f L:,.fr">¡t¡)
.J I
By: Waterways Development, Inc.
a Florida corporation
its General Partner
/
\~. --
--
~tl ff: '-11' L 4£uJ.c¿,ytL
Witness ,
Printed Name M.thssC,\ ,1· M c. Far/one
/.
By: /'J ,'. (
Richard Davenport, President
I
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
- .._________.._ ~_·__~··~.._··_··v___. ..______.____
me or has produced as identification.
WITNESS my hand and official seal this a 7 day of J I JA,-- , 2005.
... 1\
~'IvJ fu"LV-.,
Notary Public ?S
My Commission Expires:
.,;?~:r~ STEPHANIE KEENEY
~: "J:;.".:~ MY COMMISSION It DO 283174
r~'~~"f EXPIRES: January 21, 2008
".:r.¡¡(,.f.~' Bonded Thru Not!Iry PuI>IIc Underwriters
Page 10 of 22
EXHIBIT A
BRISTOL PINES
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND
DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY.
TOGETHER WITH:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS tHE WEST 100 FEET THEREOF FOR CANAL
BORROW AND DRAINAGE.
TOGETHER WITH:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL
BORROW AND DRAINAGE.
TOGETHER WITH:
THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET
THEREOF FOR ROAD RIGHT OF WAY.
TOGETHER WITH:
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE
EAST 30 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35,
N.89°58'25"E. FOR 1 00.08 FEET TO A POINT OF INTERSECTION WITH THE EAST
LINE OF A 100 FOOT WIDE CANAL EASEMENT, RECORDED IN OFFICIAL RECORDS
BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02°14'59"E. FOR
30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00
FOOT WIDE ROAD RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORDS BOOK
2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID
INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY, ALSO BEING
PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID
NORTHWEST 1/4 N.89°58'25"E. FOR 1552.22 FEET TO A POINT OF INTERSECTION
WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
Page 11 of 22
,q
THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S.02°15'20"E. FOR 639.40 FEET TO
THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 N.89°59'05"E. FOR 330.76 FEET TO THE PLATTED
SOUTHWEST CORNER OF GREEN HERON ACRES, AS RECORDED IN PLAT BOOK
22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES
N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT
WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35;
THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT
OFFSET LINE S.02°14'19"E. FOR 669.28 FEET TO A PLATTED CORNER OF
VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42
THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2,
S.89°58'02"W. FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT
COUNTRY CLUB 2;
THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. FOR 669.46
FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE NORTHWE~T 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89°57'59"W.
FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A
1 00 FOOT WIDE CANAL EASEMENT;
THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT
N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
CONTAINING 1 ,856,282 SQUARE FEET OR 42.6 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 N.89°58'25"E.
Page 12 of 22
,1/
I '. I
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHL Y BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME
(60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
29
4 Bedroom
TOTAL
291
VERY LOW INCOME
(50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME
(25%-50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development ~ units/acre.
(2) Gross acreage 42.6 .
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 2.85 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) 6.85 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total number
units in the development) ~ %.
Page 13 of 22
r I
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C contains
the current median income and acceptable rents for low and very low income households in Collier
County.
The affordable housing density bonus rating system shall be used to determine the amount of
the affordable housing density bonus which may be granted for a development based on household
income level, number of bedrooms per affordable housing unit, type of affordable housing units
(owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units
in the development. To use the affordable housing density bonus rating system, Tables A and B,
below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis
by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unites) proposed in the development, and the type. of affordable housing units
(owner-occupied or rental, single-family oI1multi-family, where applicable) to be provided, as shown
in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the
affordable housing unites). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it in
Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross acre
that may be added to the base density. These additional residential dwelling units per gross acre are
the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional
percentage of affordable housing rental units in the development. For example, a development which
has 24% of its total residential dwelling units as affordable housing units, and which has an
affordable housing density bonus rating of "four" will receive an affordable housing density bonus
(AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and number
of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus
for each type shall be calculated separately in Table B. After the affordable housing density bonus
calculations for each type of affordable housing unit have been completed in Table B, the affordable
housing density bonus for each type of unit shall be added to those for the other type(s) to determine
the maximum affordable housing density bonus available for the development. In no event shall the
affordable housing density bonus exceed eight (8) dwelling units per gross acre.
Page 14 of 22
l1't\
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMS/UNIT
EFFICIENCY
AND 1
2
30R
MORE
80% MI= MODERATE (OWNER-OCCUPIED,
SINGLE-F AMIL Y)
o
1*
1*
60% MI= LOW (OWNER-OCCUPIED OR RENTAL 2
SINGLE-FAMILY OR MULTI-
FAMILY)
3
4
50%MI= VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI-FAMILY) 3
4
5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Page 15 of 22
,,\
I'
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(I); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median
income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
t 2 ~ ~ ~ ~ 1 ª
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's
Section 8 Rental Assistance Program which is administered by the Collier County Housing
Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
UTILITY ALLOWANCES
ONEBIR TWOBIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT 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.
Page 16 of 22
,1
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application:
Amt. Of Sec. Deposit:_
Co-Tenant Name
Present Address:
RacelNational Origin: Handicap: Yes _ No_
RacelNational 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.
If you have resided at your present address less than 3 years, please state 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:
Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
Monthly $
How long with Previous Employer
Job Title
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $_ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AQE
SECURITY
1.
2.
3.
SOCIAL
--
--
--
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 17 of 22
Rev 7/8/2005
~,
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit 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, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
Zip
Telephone No.
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 buy an affordable housing unit. I understand that I am not required to surrender
my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE
AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES
OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN
AFFORDABLE HOUSING UNIT.
Page 18 of 22 rl
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
as identification.
Witness my hand and official seal this
day of
,2005.
(notary seal)
Notary Public
My Commission Expires:
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):
. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
ST ATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2005.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RE11JRN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE
UNIT.
Page 19 of 22
[",\
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration
and Housing Department.
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 42.6 acre parcel to Planned Unit Development.
2. Has an application for rezoning been requested in conjunction with the affordable housing
I
Density bonus?
X Yes
No
If yes, state date of application May 28. 2004. and ifthe request has been approved, state the Ordinance
number
3. Gross density of the proposed development. 6.85 units/acre.
Gross acreage of the proposed development. 42.6 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X
Yes
No.
If yes, please state name and location of the PUD and any other identifying information.
Bristol Pines RPUD
5.
Name of applicant
Waterways Joint Venture IV
Name of land developer if not the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
TABLE I
Total Number of Units in Development
Type of
Unit
Owner
Occupied
Rental
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
292
Other Bedroom
TOTAL
292
Page 20 of 22
ït
T ABLE II
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Rental
Owner
Occupied
MODERATE INCOME
80% MI
Efficiency
o
1 Bedroom
o
-".-
2 Bedroom
o
3 Bedroom
o
Other
o
TOTAL
o
LOW INCOME
60% MI
Efficiency 0
1 Bedroom 0
2 Bedroom 0
3 Bedroom 29 29
Other 0
TOTAL 0
VERY LOW INCOME
SO%MI
Efficiency 0
1 Bedroom 0
2 Bedroom 0
3 Bedroom 0
Other 0
TOTAL 0
Page 21 of 22
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7. Please provide a physical description of the affordable units by type of unit (moderate, low, very
low income) and by number of bedrooms. Include in your description, for example, the square footage
of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window
treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom
amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages
as Exhibit "D" if needed.
All homes in Bristol Pines, including the homes reserved for moderate income purchasers, will
share many common features:
* Solid concrete block construction.
* Durable compressed concrete tile 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 shelves
* Complete kitchen appliances, including a'microwave oven, range, refrigerator and disposal
* High 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 for 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 for low income purchasers will all be three bedroom, two bath units in four,
five and eight unit buildings of one story. The interior units will offer 1,241 square feet of living
area and the 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 Community Association. The monthly homeowner's fee 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 swim, play tennis, volleyball, or just
relax. The monthly fee 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 ifneeded.
None
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 2005-64
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of November, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board ',r.¥"'ltl" :,":"
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