Ordinance 2019-22 ORDINANCE NO. 19 - 22
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT, PART OF WHICH IS WITHIN A SPECIAL
TREATMENT (ST) OVERLAY, AND A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) KNOWN AS THE DELLA ROSA RPUD, PART
OF WHICH IS WITHIN A SPECIAL TREATMENT (ST) OVERLAY, TO
A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING
DISTRICT FOR THE PROJECT TO BE KNOWN AS THE ALLURA
RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 304 MULTI-
FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE
SOUTH SIDE OF VETERANS-MEMORIAL BOULEVARD, JUST EAST
OF LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, CONSISTING OF 35.92± ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NO. 07-73; AND BY PROVIDING FOR
AN EFFECTIVE DATE [PL20170004385]
WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., and Richard D.
Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing SD Livingston, LLC,
petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance
07-73, the Della Rosa Residential Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 13,
Township 48 South, Range 25 East, Collier County, Florida, is changed from Rural Agricultural
(A) Zoning District and a Residential Planned Unit Development (RPUD) Zoning District, each
of which is partly within a Special Treatment (ST) overlay, to a Residential Planned Unit
Development (RPUD) for a project to be known as the Allura RPUD, to allow construction of a
[18-CPS-01754/1483403/1]91
6/24/19 Page 1 of 2
maximum of 304 multi-family dwelling units, in accordance with Exhibits A through E attached
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 07-73, known as the Della Rosa Residential Planned Unit
Development, adopted on November 13, 2007 by the Board of County Commissioners of Collier
County, Florida, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 19- 21 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ( yah day of Seekmkr , 2019.
ATTEST: BOARD OF CO , TY COMMISSIONERS
CRYSTAL ZEL, CLERK COLLIE C TY, F : 'IDA
IC By: ,
las to Ch.riiiieputy Clerk 'illiam L. McDaniel, Jr., Chairman
signature
Apprbvd as � .
to otnd legality:
A.L
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A: List of Permitted Uses
Exhibit B: Development and Design Standards
Exhibit C: Master Concept Plan This ordinance filed with the
Exhibit C-1: Buffer Exhibit S1 retort' of Sta '# Office
Iday of �l�
Exhibit D: Legal Description and acknowledgeme t that
Exhibit E: Deviations fill I -ived this IA day
Exhibit F: Development Commitments of !- i
o.ww,ti cart
[18-CPS-01754/1483403/1191
6/24/19 Page 2 of 2
EXHIBIT A
ALLURA RPUD
LIST OF PERMITTED USES
PERMITTED USES:
TRACT R—RESIDENTIAL MULTI-FAMILY:
1. Principal Uses
A. A maximum of 304 multi-family rental dwelling units(8.46 units per acre).
1. Accessory Uses
A. Customary accessory uses and structures to residential units, including
carports,garages,utility and maintenance buildings,hand carwash area,and
garbage and recycling receptacles.
B. Community clubhouse, indoor and outdoor recreational uses and facilities
such as swimming pools,tennis courts,pickle ball courts,bocce ball courts,
volleyball courts, walking paths, picnic areas, dog parks, playgrounds,
fitness centers, and community administration. These uses shall be
permitted throughout the R designated areas of the PUD.
C. Temporary sales trailers and model units, subject to LDC Section 5.04.05,
as applicable.
D. Entry gates and gatehouses.
E. Stormwater management treatment facilities, conveyance facilities, and
structures, such as berms, swales, and outfall structures.
F. Parking structures.
TRACT P—PRESERVE:
1. Principal Uses
A. Preservation of native habitat.
2. Accessory Uses
A. Uses identified in and subject to the requirements and conditions set forth
in LDC Section 3.05.07.H.1.h., Allowable uses within County required
preserves.
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EXHIBT B
ALLURA RPUD
DEVLOPMENT AND DESIGN STANDARDS
The table below sets forth the development standards for the RPUD. Standards not specifically
set forth herein shall be those specified in applicable sections of the LDC in effect as of the
date of approval of the SDP or subdivision plat, as the case may be.
1. DEVELOPMENT STANDARDS
STANDARD MULTI-FAMILY COMMUNITY RECREATION
FACILITIES
PRINCIPAL STRUCTURES
MIN.LOT AREA 10,000 S.F. N/A
MIN.LOT WIDTH 100 FEET N/A
MIN.FLOOR AREA 650 S.F./D.U. N/A
MINUMUM REQUIRED YARDS
FROM LIVINGSTON ROAD 50 FEET 50 FEET
FROM VETERANS MEMORIAL 80 FEET 80 FEET
BLVD.
FROM THE EASTERN 125 FEET 125 FEET
PERIMETER BOUNDARY
FROM ALL OTHER PUD 20 FEET 20 FEET
PERIMETER BOUNDARIES
FROM PRESERVE 25 FEET 25 FEET
FROM WATERBODY0 FEET 0 FEET
MIN.DISTANCE BETWEEN 20 FEET 20 FEET
STRUCTURES
MAX.BUILDING HEIGHT NOT 3-STORY 40 FEET 35 FEET
TO EXCEED(ZONED)2
MAX.BUILDING HEIGHT NOT 3-STORY 50 FEET 42 FEET
TO EXCEED(ACTUAL)2
ACCESSORY STRUCTURES
FROM LIVINGSTON ROAD 50 FEET 3 N/A
FROM VETERANS MEMORIAL 40 FEET 3 N/A
BLVD.
FROM ALL OTHER PUD 15 FEET3 N/A
PERIMETER BOUNDARIES
FROM PRESERVE 10 FEET N/A
MIN.DISTANCE BETWEEN 10 FEET N/A
STRUCTURES
MAX.BUILDING HEIGHT NOT 35 FEET a N/A
TO EXCEED(ZONED)
MAX.BUILDING HEIGHT NOT 42 FEET a N/A
TO EXCEED(ACTUAL)
1. Measured from lake maintenance easement or bulkhead.
2. Inclusive of any under building parking.
3. For one-story parking structures,garages,carports and trash compactor enclosures,which do not exceed 15 feet
Zoned and 20 feet Actual height,the setback from all perimeter PUD boundaries shall be 20 feet.
4. The maximum actual height for parking structures is limited to 35 feet.
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2. DESIGN STANDARDS
A. PUD access points shall be gated.
B. Buildings shall be constructed with Concrete Masonry Unit construction or
concrete construction.
C. Roofs shall be cement or slate tile roof or approved equivalent (asphalt
shingles prohibited).
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EXHIBT C PUD MASTER PLAN
'-',„ _ _ _ _ _ _ — i _ _ _(-- _
ZONED:ROW N
(VETERANS MEMORIAL BOULEVARD) c
'x 20'TYPE'D"BUFFER q N
- -t. _ _ii
INTERCON CTION TO '
ADJACENT CO MERCIAL -ALTERNATIVE
PARCEL MAY B I 15'TYPE'B"BUFFER
RELOCATED IN HE EVENT < " " ZONED:RPUD
THE ADJACENT G PARCEL ZONED:C1 -15'TYPE"B"BUFFER (BRANDON)
IS REZONED TO (VACANT) • 0 150' 300'
COMMERCIAL I 15'TYPE"B'BUFFER
SCALE:1"=300'
I R
75.0'
ZONED:AG ....„....„.., L
(VACANT) r 10'TYPE'A"BUFFER M (3.07 AC)
200.8' 75.0
ALTERNATIVE �L
-
15'TYPE"B"BUFFER
217.5' 10'TYPE'A'BUFFER /'-'-'-'-'-'-'-'-'-'-'-'-'-' PROPERTY
1,_.; BOUNDARY
j 15'TYPE-13-BUFFER
20'TYPE"D BUFFER-,,'
o
;o
Oc I
K
w R I ZONED:RPUD
N 2 WETLAND/ (BRANDON)
1
.
PRESERVE
(15.07 AC)
15'TYPE
'B"BUFFER
\ ZONED:CU
(NORTH
NAPLES FIRE)
ZONED:AG NOTES:
(VACANT)
LEGEND 1. OPEN SPACE SHALL BE PROVIDED THROUGH THE USE
OF THE ONSITE PRESERVE,LAKE,LANDSCAPE
R RESIDENTIAL TRACT BUFFERS,AND COMMON OPEN SPACE IN THE
RESIDENTIAL TRACT.MINIMUM OPEN SPACE=60%OF
VEHICULAR TOTAL AREA(21.34 AC)
"1114111" INGRESS/EGRESS 2. NATIVE VEGETATION RETENTION
REQUIRED:A MINIMUM OF 8.37 ACRES(25%OF
LAND USE BREAKDOWN EXISTING ON SITE NATIVE VEGETATION).
PROVIDED:15.07 ACRES
AREA(SF) AREA(AC) PERCENTAGE
OF TOTAL 3. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE
RESIDENTIAL TRACT(304 DWELLING UNITS) 774,528 17.78 49.50% BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION
REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02
WETLAND/PRESERVE 858,449 15.07 41.95% AND 4.06.05.E.1.SUPPLEMENTAL PLANTINGS WITH
LAKE 133,729 3.07 8.55% NATIVE PLANT MATERIALS,IF REQUIRED,SHALL BE IN
TOTAL 1,564,706 35.92 100.00% ACCORDANCE WITH LDC SECTION 3.05.07.
# DATE REVISIONS J.R.EVANS ENGINEERING,P.A.
9351 CORKSCREW ROAD,SUITE 102 ALLURA
J.R.EVAN S ESTERO,FLORIDA 33928
ENGINEERING PHONE:(239)405-9148
FAX:(239)288-2537 MASTER CONCEPT PLAN
WWW.JREVANSENGINEERING.COM FILE DATE: 4/29/19 SHEET: 1
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EXHIBIT D
ALLURA RPUD
LEGAL DESCRPTION
PARCEL 1 - OR 3876 PG 1542
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA ALSO KNOWN AS LOT 11 IN UNRECORDED BRYAN ACRES
SUBDIVISION.
PARCEL 2 -OR 3876 PG 1546
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48, SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LESS THE WESTERLY 15 FEET THEREOF,
PARCEL 3 - OR 4744 PG 3049
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF
THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
LESS THE WEST THIRTY(30)FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY
PURPOSES, SHOWN AS TRACT #2 OF UNRECORDED PLAT OF SAID NORTHEAST
QUARTER.
PARCEL 4 -OR 3675 PG 1026
THE NORTHWEST ONE-QUARTER (NW1/4) OF THE NORTHEAST ONE-QUARTER
(NE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-
QUARTER(NE1/4) OF SECTION, 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 5 - OR 4908 PG 204
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER;AND THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER, OF THE NORTHEAST
QUARTER, SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER
COUNTY, FLORIDA.
PARCELS 6 - OR 4596 PG 980
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
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THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
AND
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 7 - OR 4865 PG 2180
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 8 - OR 5601 PG 1876
THE WESTERLY FIFTEEN(15)FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48,
SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA.
PARCEL 9 -OR 5522 PG 1562
THE WEST THIRTY (30) FEET OF THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE
NORTHEAST QUARTER(NE 1/4) SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 1,564,706 SQUARE FEET OR 35.92 ACRES, MORE OR LESS.
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EXHIBIT E
ALLURA RPUD
DEVIATIONS
No deviations from the LDC are requested.
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EXHIBIT F
ALLURA RPUD
DEVELOPMENT COMMITMENTS
1. PLANNING
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the RPUD. At the time of this
PUD approval,the Managing Entity is SD Livingston,LLC. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity,then
it must provide a copy of a legally binding document, to be approved for legal
sufficiency by the County Attorney. After such approval,the Managing Entity will
be released of its obligations upon written approval of the transfer by County staff,
and the successor entity shall become the Managing Entity. As Owner and
Developer sell off tracts, the Managing Entity shall provide written notice to
County that includes an acknowledgement of the commitments required by the
RPUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity will not be
relieved of its responsibility under this Section. When the RPUD is closed out,then
the Managing Entity is no longer responsible for the monitoring and fulfillment of
PUD commitments.
B. Issuance of a development permit by a county does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the county for issuance of the permit if
the applicant fails to obtain requisite approvals or fulfill the obligations imposed
by a state or federal agency or undertakes actions that result in a violation of state
or federal law.
C. All other applicable state or federal permits must be obtained before
commencement of the development.
2. ENVIRONMENTAL
A. The Allura RPUD shall preserve a minimum of 8.37 acres on-site(25% of 33.49±
acres of existing native vegetation).
B. The Developer shall adhere to the Florida Fish and Wildlife Conservation
Commission Black Bear Management Plan, as applicable. The informational
brochure created by the Florida Fish and Wildlife Conservation Commission
(FWCC)and titled"A Guide to Living in Bear County"will be distributed to future
homeowners and construction/maintenance personnel. Residents will be provided
with information on how to secure their garbage containers to discourage bears
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from foraging in trash receptacles and the project will utilize bear-proof dumpsters
in locations to be determined at the time of Site Development Plan(SDP)approval.
3. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 129 two-
way PM peak hour trips, based on the use codes in the ITE Manual on trip
generation rates in effect at the time of application for SDP/SDPA or subdivision
plat approval.
B. The Developer shall make a payment to Collier County for the development's
proportionate fair share of the cost of operational improvements to the intersection
of Livingston Road and Veterans Memorial Boulevard.This payment shall be made
prior to approval of the first Site Development Plan (SDP) or subdivision plat for
this PUD, whichever occurs first.
C. The Developer shall provide a minimum of two (2) of the following:
i. A transit shelter within the RPUD in a location and design approved by Collier
County Public Transit&Neighborhood Enhancement(PTNE)Division;
ii. Bicycle and pedestrian facilities, with connection to the abutting commercial
property to the west;
iii. Vehicular interconnection to the abutting commercial property to the west.
Certificates of occupancy shall not be approved for more than 249 multi- family
units until the applicable facilities and/or interconnections described above have
been completed.
D. Developer shall make a payment of$7,524.33 in lieu of providing compensating
right-of-way for a turn lane on Veterans Memorial Boulevard. This payment shall
be made prior to approval of the first Site Development Plan.
4. LANDSCAPE BUFFERS
A. Developer shall install an alternative Type B landscape buffer along the eastern
property boundary in the locations depicted on Exhibit C,the Master Concept Plan,
and in conformance with the minimum specifications depicted in Exhibit C-1,
Enhanced Type B Landscape Buffer.
B. Developer shall provide Type "B" Landscape Buffer plantings in the Type "D"
buffer along Livingston Road
5. OTHER
A. Developer shall make 55 units available for rent for Essential Service Personnel
(ESP). The period of time the rental unit will be reserved and advertised for ESP
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persons within the income category will be a minimum of 60 days from the date
the unit is first advertised and 45 days thereafter when a unit becomes available. If
an ESP or income qualified renter is not committed to a lease within the initial 60,
or subsequent 45-day period, the unit may be offered for rent to a non ESP renter.
The restriction to provide units first to ESP renters shall remain in effect for 15
years. Nothwithstanding the foregoing, thirty one (31) of the 55 units will
be income restricted to households earning 80 percent of Collier County's median
income. The affordable units will be offered for rent for a period of 30 years to ESP
persons based on the most current Collier County Board-approved Table of Rental
Rates that establish the rental limits for the low income category based on the
number of bedrooms in the unit. For purposes of this Ordinance, "Essential
services personnel" means natural persons or families whose total annual
household income is at or below 80% percent of Collier County's median
income,adjusted for household size,and at least one of whom is employed as police
or fire personnel,a child care worker,a teacher or other education personnel,health
care personnel, a public employee, or a service worker.
B. The Minimum Leasing period for units shall be 7 months.
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` ..Sill; 1)I,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
October 1, 2019
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-22, which was filed in this office on October 1, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us