Ordinance 2006-31
\ 'z,.2. 23 24.2$ .
~~,."a~ t. _~~~ ORDINANCE NO. 06- 31
S -. JUlZX18 J ~ N ORDINANCE OF THE BOARD OF COUNTY
~ Lr' E~'Vm ~ OMMISSIONERS OF COLLIER COUNTY, FLORIDA,
~ !:l MENDING ORDINANCE NUMBER 04-41, AS AMENDED,
~ I THE COLLIER COUNTY LAND DEVELOPMENT CODE,
~c?l ",,'" WHICH INCLUDES THE COMPREHENSIVE ZONING
ZlIOl68L9~'Otf, REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIA TE ZONING A TLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM "A" RURAL
AGRICULURAL TO "RPUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT KNOWN AS ROCKEDGE RPUD LOCATED
ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951),
APPROXIMATELY 6 TENTHS OF A MILE SOUTH OF ITS
INTERSECTION WITH RATTLESNAKE-HAMMOCK ROAD,
IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 76.42:1:
ACRES, AND BY PROVIDING AN EFFECTNE DATE.
WHEREAS, Robert Mulhere, of R W A, Inc., representing Woodfield Builders, LLC,
petitioned the Board of County Commissioners to change the zoning classification of the subject
real property known as petition PUDZ-2003-AR-499I.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the subject real property located in Section 23, Township 50
South, Range 26 East, Collier County, Florida, more particularly described in Section 1.2 of the
RPUD Document, is changed from "A" Rural Agricultural to "RPUD" Residential Planned Unit
Development In accordance with the Rockedge RPUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning Atlas Map, as described in Ordinance
Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this !.t, th day of J u. r'\ e. , 2006.
ATTEST:
DWIGHTE. BROCK,l.'LERK
\ . ." .. J" . ~ . ..,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~
FRANK HALAS, CHAIRMA
. ,
~uiliQ ~~
At.iest' as ~tl~n . s
$~ure 'ooly. .
Approvoo/a,S" to .form -and'
legal sufficleftcy , .
I1IoA' . rn.~~~~~.
Marjo~ Student-Stirling , - - ~-...o
Assistant County Attorney
PI J()Z-2003-AR-499! 1M LJD
This ordinance filed with the
~~~tary of ~te/s Office the
I day of W\e. I ~(<) l~
and acknoWledge~~,9J that
fm~<ec.;ve~ day
of 1~:., ~
By puty k
ROC KEDGE RPUD
A
RESIDENTIAL
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING ROCKEDGE RPUD,
A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREP ARED FOR:
WOODFIELD BUILDERS, LLC
6604 RIDGEWOOD AVENUE
NAPLES, FLORIDA 34108
PREPARED BY:
ROBERT J. MULHERE, AICP
I1WTA"
C()NSULTING
........ Y y...L .....
6610 Willow Park Drive
Suite 200
Naples Florida, 34109
R. BRUCE ANDERSON
ROETZEL & ANDRESS LAW FIRM
850 PARK SHORE DRIVE
TRIANON CENTRE-THIRD FLOOR
NAPLES, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
6/06/2006
2006-31
2004-41
EXHIBIT A
T ABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
General Description, Property Ownership and Legal Description
Project Development Requirements
Development Standards
Preserve Area
Development Commitments
11
1-1
II-I
III-I
IV-I
V-I
LIST OF EXHIBITS. TABLES. AND APPENDIX
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
TABLE "I"
TABLE "II"
RPUD MASTER PLAN
VICINITY MAP
BOUNDARY SURVEY
DENSITY CALCULA nONS
DEVELOPMENT STANDARDS
STATEMENT OF COMPLIANCE
The development of approximately 76.46 acres of property in Collier County, Florida as a
Residential Planned Unit Development, to be known as the Rockedge RPUD, with an affordable
housing component consisting of at least 30 percent of the units required to be sold to buyers
earning 80% or less of Collier County's median income, as calculated annually by the
Department of Housing and Urban Development (HUD), will be in compliance with the goals,
objectives and policies of Collier County as set forth in the adopted Growth Management Plan
(GMP). The required 30% is based upon 55.97 acres of the project which qualifies for the
affordable housing density bonus as set forth in the GMP. Based upon the allowable base density
on the 55.97 portion of the project, and the 285 bonus units requested, 111 affordable housing
units are required. The proposed residential development, and accessory uses and facilities 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 is located within the Urban Mixed Use DistrictlUrban Residential
Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective
1, Policy 5.1 and 5.3 of the Future Land Use Element (FLUE), and the proposed
residential development is consistent therewith;
2. The project is proposed to be a residential development located within the Urban-Mixed
Use DistrictlUrban Residential Fringe Subdistrict, as identified on the Future Land Use
Map (FLUM), of the FLUE. The FLUE provides for a density bonus within the Urban
Residential Fringe Subdistrict in the case of specifically identified properties of up to 6.0
additional units per gross acre for projects providing home ownership for residents
earning 80% or less of Collier County's median income, pursuant to the provisions of the
Collier County LDC 2.06.00, excluding subsection 2.06.03. Table 1. below sets forth the
allowable and requested density for the project. The subject project is eligible to receive a
density bonus of up to six (6) dwelling units per gross acre on the 55.97 acres of the
project that qualifies for this density bonus. The requested bonus on the 55.97 acres is
5.09 DUs per acre, which yields a total density for the entire Rockedge RPUD of 400
dwelling units or 5.23 units per gross acre, as set forth in Appendix "B" of this PUD, the
Affordable Housing Density Bonus Agreement. This is less than the maximum 5.90 DUs
per acre that can be requested under the FLUE provisions. The requested project density
is therefore consistent with the FLUE, Policy 5.1 of the Collier County GMP.
11
Aeres
Urban Residential
Frin e (URF)
URF Affordable
Housing Density
Bonus
76.46 acres
1.5 DUs/Acre
Gross Base
Density ,
Allowable. .
115 DUs
Requested .',.
Density per
Acre
1.5 DUs/Acre
115 DUs
55.97 acres
6.0 DUs/ Acre
336 DUs
5.09 DUs/Acre
285 DUs
Totals (for entire 76.47 acres) 5.90 DUs/Acre 451 DUs
Table 1: Density Calculations
* Rounded up per LDC definition of Density, Residential.
5.23 DUs/Acre
400 DUs
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. Moreover, these units will be provided for fee simple purchase.
4. The project will further the implementation of Policy 1.4 of the Housing Element by
providing "affordable housing" an area where planned infrastructure and services will be
available.
5. The project will act to implement Policy 2.9 of the Housing Element by providing
"affordable housing" dwelling units blended within the balance of the RPUD, a planned
market rate development.
6. The development will be compatible with and complementary to existing and planned
surrounding land uses, and will enhance the transportation network by providing for
future interconnection to properties to the north and to the south, as depicted on the
RPUD Master Plan.
7. The development of the Rockedge RPUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.G of the FLUE.
8. The Rockedge RPUD is consistent with and furthers Policy 5.5 of the Future FLUE in
that it is using existing land designated for urban uses.
9. The Rockedge RPUD implements Policy 5.6 of the FLUE in that a minimum of 60% of
the project will be open space and a minimum of 25% of the project's existing native
vegetation will be preserved on-site.
10. The Master Development Plan, with its natural preserve areas, lakes, recreation, and other
open space areas, will insure that the developed project will be an attractive and enjoyable
residential development.
11l
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 Rockedge RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKING THE CENTER SECTION
23, TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23,
N.89000'52"E., A DISTANCE OF 664.38 FEET;
THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.0I013'49"W., A DISTANCE
OF 1,350.38 FEET;
THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET;
THENCE S.89041 '40"W., A DISTANCE OF 1 ,325.03 FEET;
THENCE N.Ol oOO'34"E., A DISTANCE OF 331.32 FEET;
THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET;
THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET;
THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET;
THENCE S.00058'O 1 "W., A DISTANCE OF 330.10 FEET;
THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF A 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO
AND 100 FEET EAST OF THE WEST LINE OF SAID SECTION 23;
THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28''E., A DISTANCE OF
984.20 FEET;
THENCE, DEPARTING FROM SAID EAST RIGHT-OF-WAY LINE, N.89023'49"E., A
DISTANCE OF 894.94 FEET;
THENCE N.00059'07''E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST-
WEST MID-SECTION LINE;
THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE
OF 996.67 FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A
DISTANCE OF 327.91 FEET;
THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET;
THENCE N.Ol o05'18"E., A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING.
CONT AINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS.
1- ]
1.3 PROPERTY OWNERSHIP
The property ownership is as follows:
All parcels owned by:
Woodfield Builders, LLC
6604 Ridgewood Avenue
Naples, Florida 34108
1.4 DEVELOPER
The Rockedge RPUD is intended to be developed by Woodfield Builders, LLC,
references to the "'Developer" as may be contained in this RPUD Document shall mean
Woodfield Builders, LLC, unless, and until the subject property described and depicted in
this RPUD Document is conveyed, Of assigned.
1.5 PHYSICAL AND LOCATIONAL DESCRIPTION
The subject property consists of +/- 76.46 acres and is located on the east side of Collier
Blvd. (CR 951), approximately 6 tenths of a mile south of intersection with Rattlesnake
Hammock Road (south of John's Road), in Section 23, Township 50 South, Range 26
East, Collier County, Florida. The property is designated Urban, Mixed Use District,
Urban Residential Fringe Sub-district, as is the surrounding land on the east side of
Collier Boulevard. The existing lands uses on the site include: unimproved roads and
both disturbed and forested land. The Master Plan sets forth +/- 25.32 acres of preserve
areas, including 21.86 acres of wetland preserve and 3.46 acres of archeological preserve
areas. The RPUD property contains 65.54 +/- acres of native vegetation. The LDC
requires preservation of 25% of the existing on site native vegetation, or a minimum of
16.39 acres. The PUD Master Plan indicates that 21.86 acres or 33% of the site is labeled
as Preserve and shall be placed into a conservation easement. The property is not located
within a Flood Zone (Zone X, Community Number 120067, Panel Number 610D).
The water management system consists of approximately 10.0 acres of water
management lakes and lake maintenance easements that will receive runoff from
structures and parking areas. Runoff is collected by catch basins and culvert systems for
conveyance to the project's internal lake system. The project outfall will be split to the
east and west parameters of the subject property. Discharge will either be entirely or
partially into the Collier Boulevard (C.R. 951) Canal right-of-way, and to the extent
permitted by the South Florida Water Management District to the west side of the subject
property, or, discharge and re-hydration into the wetland preserve on the east side of the
subject property. Allowable discharge rates will be in accordance with Collier County
Code of Laws, Section 90-21 (Ordinance No. 90-10), as amended.
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1.6 PROJECT DESCRIPTION
The Rockedge RPUD is a residential planned development, which will be developed with
up to 400 multi-family units. The maximum allowable gross density is 5.23 dwelling
units per acre. A minimum of 30 percent (111 units) of the density generated from the
55.97 acre parcel which qualifies for the affordable housing bonus are required to be sold
to buyers earning 80% or less of Collier County's median income, as calculated annually
by the Department of Housing and Urban Development (HUD). This is an Affordable
Housing Project and the Affordable Housing Density Bonus Agreement is made a part of
this PUD Document and identified as Appendix "B". The amenities proposed to be
provided in the project include structures and areas to provide social and recreational
space, lakes, natural and landscaped open spaces, and a variety of passive and active
recreational opportunities. The required children's playground/tot lot area will be
provided prior to, but not later than, when certificates of occupancy are issued for 35% of
the allowable units for this project. Access to the property will be from Collier Boulevard
(C.R. 951). In the vicinity of the project, both Collier Boulevard and Rattlesnake
Hammock Road's scheduled to be widened to six lanes. These improvements are funded
in the current Transportation Five-Year Work Program. Rattlesnake Hammock widening
has already commenced and Collier Boulevard is scheduled to commence in 2006. Each
residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed
appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Rockedge Residential Planned Unit
Development (RPUD) Ordinance".
1-3
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 Rockedge RPUD development, as well as other project relationships. The RPUD is
intended to be developed with a maximum of 400 multi-family dwelling units, of which,
a minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel
which qualifies for the affordable housing bonus are required to be sold to HUD. The
project will also include accessory recreational facilities, preserve areas, water
management lakes, and other similar ancillary uses.
2.2 GENERAL
A. Regulations for development of the Rockedge RPUD shall be in accordance with:
the contents of this document; the RPUD-Planned Unit Development District of
the LDC, Section 2.03.06; and, other applicable sections and parts of the LDC in
effect at the time of building permit application. Where these RPUD regulations
fail to provide specific developmental standards, then the provisions of the most
similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building pemlit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Rockedge RPUD shall become part of the regulations
that govern the manner in which the RPUD site may be developed.
D. Unless modified, waived or excepted by this RPUD, 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.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 10.02.07, Adequate Public
Facilities, of the LDC, at the earliest or next to occur of either final site
development plan approval, or final plat approval.
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2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout internal access drives, conceptual water
management plan, and residential land use and preserve tracts, is illustrated
graphically by Exhibit "A", RPUD Master Plan.
B. Areas depicted as lakes on 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, and/or littoral zones for habitat recreation
purposes. Such areas shall be in the same general configuration and contain the
same general acreage as shown by Exhibit "A", except where redesign or
revisions are permitted as outlined in paragraph C. below.
C. Internal drives, water management lakes, internal tract boundaries, and parking
areas may be modified, relocated and/or revised as necessary to accommodate
state or federal permitting conditions, site design changes and market conditions,
provided that such internal design changes do not impact or reduce preserve tracts.
The project access point at Collier Boulevard may not be revised except by
approval of Collier County Transportation Staff, or as a result of a PUD Master
Plan change.
D. In addition to the various areas and specific items shown on Exhibit "A". such
easements as may be necessary (utility, private, semi-private) shall be established
within or along the various tracts.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 400 residential dwelling units shall be developed within this project. A
minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel
which qualifies for the affordable housing bonus are required to be sold to buyers earning
80% or less of Collier County's median income, as calculated annually by the Department
of Housing and Urban Development (HUD). The gross project area is approximately
76.46 acres. The gross project density shall not exceed 400 total units or 5.23 dwelling
units per gross acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the issuance of any final local development order 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 LDC.
B. Any division of property and the development of the land shall comply with
Chapter 10.02.04 of the LDC and the platting laws of the State of Florida.
1I-2
C. The provisions of Chapter 10.02.03 of the LDC, when applicable, shall apply to
the development of all platted tracts, or parcels of land as provided in said
Division prior to the issuance of a building permit or other development order.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.6 LAKE SETBACK AND EXCAVATIONS
Lake setbacks shall conform to the requirements described in Section 22-112(b), of the
Collier County Code of Laws and Ordinances. Lakes may be excavated to the maximum
commercial excavation depths set forth in Section 22-112(c) of the Collier County Code
of Laws and Ordinances. Offsite removal of fill during construction of Rockedge RPUD
shall be limited to ten percent (10%) of the total volume excavated, to a maximum 20,000
cubic yards, unless a commercial excavation permit is received.
2.7 RIGHTS-OF-WAY
The project will utilize internal driveways to access the site, multi-family dwelling units,
and recreational facilities. Utilization of lands within all project rights-of-way and/or
internal driveways for landscaping, decorative entranceways, and signage may be allowed
subject to review and administrative approval by the Collier County Community
Development and Environmental Services Administrator, or his designee, for engineering
and safety considerations prior to installation.
2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments to this RPUD Ordinance or RPUD Master Development Plan,
Exhibit "A", are permissible as provided for in Chapter 1 0.02.l3(E) of the LDC. Minor
changes and refinements as described in Section 5.3.C of this RPUD Document may be
made in connection with any type of development or permit application required by the
LDC.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements, dedications, or other instruments shall be provided for water management
areas, rights-of-way, utilities and other purposes as required. All necessary easements,
dedications, or other instruments shall be granted to insure the continued operation and
maintenance of all service utilities in compliance with applicable regulations in effect at
the time of adoption of this Ordinance establishing the Rockedge RPUD.
II-3
Whenever the Developer elects to create land area and/or recreation amenities, the
ownership and maintenance responsibility of which is a common interest to all
subsequent purchasers of residential units or real property within the Rockedge RPUD,
the developer shall provide appropriate legal instruments for the establishment of one or
more property owners' associations, or a master association. In such case, the property
owners' Association or Master Association shall include provisions for the perpetual care
and maintenance of all common facilities and open space, for which the respective
association has such obligation, subject further to the provisions of the LDC.
2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales centers, administrative offices and other uses and structures related
to the promotion, sale and/or rental, and management associated with the
development shall be permitted as a principal use throughout the Rockedge RPUD
subject to the requirements of Chapter 4.05.00; 4.06.00; 5.06.00; and 5.04.04 ofth
LDC. Permitted accessory uses to the promotion, sale and/or rental, and
management of the development includes: pavilions, viewing platforms, gazebos,
parking areas, and signs.
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 (SDP) application(s) for residential models, may
be submitted concurrently with applications for subdivision plat, to depict the
location of the model units within a future platted lot. All model units shall be
located on lots that will be platted through subsequent development order
approvals.
C. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
D. A portion of the clubhouse facilities may be used as a permanent sales facility to
be utilized to market residential products, including re-sale of residences within
the boundaries of this Rockedge RPUD, as well as for on-going project
administration.
2.11 CLUBHOUSE
Site Development Plan (SDP) application(s) for the clubhouse and related recreational
facilities may be submitted concurrently with applications for subdivision plat to depict
the location of the clubhouse and related facilities within the proposed future platted tract,
and may be approved simultaneously with the plat approval.
11-4
2.12 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Rockedge RPUD. Fill
material generated may be stockpiled within areas designated for residential development
for a period not to exceed 18 months in any single location. Prior to stockpiling in these
locations, a Vegetation Removal and Site Filling Permit, along with plans showing the
locations and cross-sections shall be submitted to Collier County Planning Services Staff
for review and approval. The following standards shall apply:
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 (5) feet over
residential development areas that are depicted on an approved Site development
Plan (SDP), or approved subdivision construction plans, no fencing is required.
D. Soil erosion control shall be provided in accordance with Subsection 1O.02.02.C
of the LDC, and stockpiling retained for periods greater than 90 days shall be
seeded with grass. If fill is spread to a height le[;s than five (5) feet over
residential development areas that are depicted on an approved site development
plan (SDP), or approved subdivision construction plans, erosion control is
required, but no seeding with grass is required.
E. Fill storage shall not be permitted in preserve areas or surrounding buffers.
2.13 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Rockedge RPUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the Developer shall obtain such permits prior to final plat or site
development plan (SDP) approval, as applicable.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.04 of the LDC; a minimum of 16.39 acres (25%
of the 65.54 acres of viable, naturally functioning native vegetation on site) is required to
be retained or replanted. The RPUD Master Plan reflects the preservation of 21.86 acres
of native vegetation, and an additional 3.46 acres of land is to be preserved to protect
archeological resources, but is not counted towards the required 25% native vegetation
preservation requirement.
11-5
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "Rl" and "R2" on the RPUD Master Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
400 dwelling units.
3.3 USES PERMITTED
No building, structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. TRACT R:
1) PRINCIPAL USES:
a. Multi-family dwellings.
b. Model Homes and Model Home Centers (See Section 2.10 of this
RPUD Document).
c. Project sales and administrative offices, which may occur in residential
or recreational buildings, and/or in temporary buildings until similar
use determined by the Board of Zoning Appeals, to be comparable
with, and compatible to, the above listed Principal Uses, subject to the
provisions and procedures set forth in Section 10.08.00 of the LDC.
2) ACCESSORY USES:
a. Customary accessory uses and structures including, but not limited to,
clubhouses, playgrounds, private garages, tennis facilities, and
swimming pools with, or without screened enclosures, and other
outdoor recreation facilities.
b. Utility facilities and or easements (including rights-of-way easements).
c. Signage (see Section 5.11 of this document).
d. Water management facilities/lakes.
e. Storage areas, for the exclusive use of the residents of the RPUD.
III-I
f. Any other similar use determined by the Board of Zoning Appeals,
to be comparable with, and compatible to, the above listed
Accessory Uses, subject to the provisions and procedures set forth
in Section 10.08.00 of the LDC.
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. (All required yards shall be measured from the perimeter boundaries
of the PUD.)
B. RESIDENTIAL DEVELOPMENT STANDARDS:
TABLE Il: RESIDENTIAL DEVELOPMENT STANDARDS
MULTI-FAMILY
CLUBHOUSE
PRlNCIPAL STRUCTURES: 2,3
MIN, LOT AREA
10,000 N/A
150 FEET N/A
600 S.F, N/A
20 FEET N/A
15 FEET N/A
15 FEET N/A
A VERAGE LOT WIDTH
MlN FLOOR AREA
FRONT YARD
SIDE YARD
REAR YARD
MIN, DIST, '
BETWEEN STRUCTURES
20 FEET
NIA
FROM PRESERVE TRACTS'
25 FEET
25 FEET
MAX. BLDG. HI.
3 FLOORS
OVER PARKING
NTE 45 FEET
NIA
ACCESSORY STRUCTURES
(INCLUDING GARAGE.sl~' 3. 4
FRONT
SPs
15 fEET
SIDE
SPS
7.5 fEET
REAR
10 FEET
N/A
FROM PRESERVE TRACTS
(ALL STRUCTURES AND SITE
ALTERATIONS) ,
I 0 FEET
10 FEET
MAX SLDG HI.
SPS.
35 FEET
MIN, DIST,
BETWEEN STRUCTURES
15 FEET
SPS
III-2
NOTES:
S,P.S,: Same as Principal Structures.
BH: Building Height. Building shall be measured as set forth in the LDC
NTE: Not to Exceed
IThe location of structures proposed adjacent to a "wetland" preserves shall be subject to the provisions of the LDC in effect at the
time of development. Site alterations are prohibited within 10 feet of the preserve boundary unless it can be demonstrated that such
alterations, included placement of fill or structural barriers within 10 feet of preserve boundary will not negatively impact the
preserve",
2Structures shall not encroach into landscape buffers, except as may be permitted in LDC (such as for water management structures,
signs, and the like).
3 All Setbacks (Front, Side and Rear) are measured from parcel boundaries.
4 Front loading garages shall have a minimum front yard setback of 23 feet, as measured from the back of sidewalk. Side loaded
garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of
vehicles so as not to interfere with or block the sidewalk.
III-3
SECTION IV
PRESERVE AREA
4.1 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. Preserve areas include
those tracts identified as Archeological Preserve "AP" and Preserve "P". This PUD
contains 21. 86 acres of lands designated "P" Preserve, and 3.46 acres ofland designated
"AP" Archeological Preserve. The primary function and purpose of this Tract is to
preserve and protect identified archeological sites, native vegetation, and naturally
functioning habitats, such as wetlands, including upland buffers, in their natural, and/or
enhanced state.
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 local, regional,
State and Federal permits, when required:
Principal Uses:
1) Open spaces/nature preserves.
2) Water management structures.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural
attributes, subject to approval by permitting agencies, provided any such
passive uses does not impact the minimum required native vegetation.
IV-I
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with approved site development
plans, subdivision plans (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 of the proposed Construction Standards
Manual 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.
The developer, its successors or assignee, shall follow the Master Development Plan and
the regulations of the RPUD, as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successors or assignee
in title to the developer is bound by any commitments within this agreement. These
commitments may be assigned or delegated to a condominiumlhomeowners' association
to be created by the developer. Upon assignment or delegation, the developer shall be
released from responsibility for the commitments, except to the extent the developer Of its
agents remain in control of such association. The developer, his successor and assigns,
shall be responsible for the commitments outlined in this Document. These commitments
will be enforced throughout provisions agreed to be included in the declaration of
covenants and restrictions, or similar recorded instrument. Such provisions must be
enforceable by lot owners against the developer, its successors, and assigns, until the
turnover of the property to any property or homeowner's association.
5.3 RPUD MASTER DEVEl.lOPMENT 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 applications. Subject to the provisions of Chapter 1 0.02.13.E of the LDC, as
amended, and amendments which 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.
V-I
__""1.; ~.
5.4 ARCHEOLOGICAL SITE PRESERVATION
In July of 2003, a Phase One Archaeological Assessment of the site was performed, by
John G. Beriault, B.A., under the direction of Robert S. Carr, M.S., of the Archeological
and Historical Conservancy, Inc. Three previously unrecorded sites (CR873, CR874,
CR875) were discovered and one, (8CR726) was previously recorded and is
predominantly located within the Collier Boulevard ROW (CR951) right-of-way.
Relative to 8CR 726, the Phase One Archaeological Assessment report states: "Extensive
judgmental testing .. .indicates that this area has been so severely impacted by prior
mechanical clearing and scraping that only minimal in situ archeological material remain.
The Phase One Archaeological Assessment describes CR873 as "a patchy scatter of
faunal bone..." The report describes CR874 and CR875, respectively the Rockledge
Midden and the Hamelia Midden sites, as "intensive .. . containing ... a variety of
artifacts, marine shell, and faunal bone." One human bone was recovered from CR875,
the Hamelia Midden, "... suggesting the possibility that a prehistoric grave or cemetery
could occur in association with... the midden sites."
While it is not feasible to preserve CR873, as it falls within a necessary development
area, the PUD master plan has been designed to preserve in perpetuity the two intensive
and significant sites, Rockledge Midden (CR874) and Hamelia Midden (CR875).
Further, the following additional recommendations contained in the Phase One
Archaeological Assessment shall be applied as conditions of this RPUD:
A. Prior to any clearing or grubbing activities within 200 feet of the archeological
preserves, a temporary construction fence shall be placed around the preserve
areas.
B. Any clearing of exotic vegetation within the archeological preserves shall be
conducted by hand. No mechanical equipment shall be used within the
archeological preserves for clearing or debris removal.
C. All activities of clearing, grubbing, and subsurface alterations such as digging tor
utilities ditches, water management lakes, roads and the like, within 100 feet of
the archeological preserves shall be subject to archeological monitoring.
D. No storage of fill, equipment or supplies shall be placed with the native vegetation
preserve areas (which include the archeological preserves).
E. Should any replanting or landscaping be permitted or required within the
archeological preserves, such activity shall be coordinated with and monitored by
an archeologist.
F. If any archeological features or artifacts are discovered during construction or
V-2
development actIvItIes on the site outside of the designated archeological
preserves, all development and construction activities shall cease until the site has
been examined by an archeologist and necessary efforts to protect such resources
have been employed.
G. If additional human remains are discovered then the guidelines for Florida Statute
Section 872.05, the Unmarked Grave Act, shall apply.
5.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Chapter 10.02.13.D, of the
LDC, as amended.
B. An annual RPUD monitoring report shall be submitted pursuant to Chapter
10.02.13.F of the LDC, as amended.
C. A proportional amount of the recreational facilities must be open and available for
use by residents.
5.6 TRANSPORTA TION
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 access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (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 Consolidated
Impact Fee Ordinances and LDC Sections 6.02.00 and 10.02.07, as amended.
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
V-3
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 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. The exact location and final design of the
access point on Collier Boulevard shall occur during SDP review. This design
shall incorporate provisions for access to the three parcels immediately to the
north of Amity Road. The developer shall coordinate with the County and/or the
County's designee to ensure that the access locations and design are consistent
with the 6-lane improvement plans for Collier Boulevard.
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 and 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 right-
of-way or easement, compensating right.of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
K. The PUD Master Plan depicts a shared access (interconnection) with an adjacent
property to the north, as well as future connections to John's Road to the north
and interconnection to the south to provide for potential future access from the
project to Sabal Palm Road. In addition, the Master Plan depicts potential future
interconnection to the north and south via the existing FPL easement, and
proposes a future pedestrian interconnection to the Collier Regional Medical
Center. The developer, or assigns, shall assure that these interconnections shall
accommodate the perpetual use of such access by incorporating appropriate
language into the applicable development covenants, and SDP or plat.
V-4
L. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall
be required. The amount shall be determined utilizing FDOT's 2004
Transportation Costs, as amended. Payment shall be required within 30 days of
approval of zoning petition by the Board of County Commissioners.
M. At the request of Collier County, a Collier Area Transit (CAT) bus stop with
shelter will be installed by the developer. The exact location will be determined
during site development plan review; however, every effort shall be made for co-
utilization of the CAT stop for a school bus pick-up and drop-off. This shall be
coordinated with the Collier County School District. If co-utilization is
determined not to be feasible, then a site for school bus drop-off and pick-up shall
be provided internal to the site.
N. The project shall be phased as follows:
Phase One: Phase One shall be limited to a maximum of 80 dwelling units, of
which a minimum of 50% shall be affordable units.
Phase Two: Phase Two shall be limited to 142 dwelling units including any
additional affordable units necessary to reach total of 111
affordable units. COs for these units shall not be issued until 2008.
Phase Three: COs shall not be issued for the remaining 178 units prior to
February of 2009.
5.7 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 will be required for the proposed lakes in accordance with
the LDC and South Florida Water Management District Rules.
C. The project must obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
5.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and
governed by the following conditions:
V-5
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 No. 04-31, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates.
5.9 ENVIRONMENT AL
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
Collier County Environmental Services Staff.
All conservation areas shall be designated as "Preserve" tracts or easements on all
construction plans, and shall be recorded on the plat with protective covenants
per, or similar to, Section 704.06, Florida Statutes. Tracts or easements shall be
dedicated on the plat to the homeowners association for ownership and
maintenance and to Collier County with no responsibility for maintenance. If
property is not to be platted, as may be the case with a multi-family Site
Development Plan (SDP), a recorded conservation easement is required before
SDP approval.
B. Buffers shall be provided around wetlands, where possible, extending at least
fifteen (15) feet landward from the edge of the wetland preserves in all places, and
average twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not provided, structural buffers shall be provided in accordance with
the State of Florida Environmental Resource Permit Rules, and be subject to
review and approval by Environmental Services Staff.
C. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations shall
have a minimum 10-foot setback. Site alterations are prohibited within 10 feet of
the preserve boundary unless it can be demonstrated that such alterations,
included placement of fill or structural barriers within 10 feet of preserve
boundary will not negatively impact the preserve.
D. The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed
species". A Habitat Management Plan for those protected species shall be
submitted to Environmental Service Plan Review Staff for review and approval
prior to final site plan/construction plan approval.
V-6
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas (Preserve Area
Management Plan), shall be submitted to Environmental Services Staff for review
and approval prior to final site plan/construction plan approval. This plan shall
include methods and a time schedule for removal of all Category I invasive exotic
plants, as defined by the Florida Exotic Pest Plant Council, throughout the RPUD.
All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, within preservation areas, shall be removed and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
F. All listed plant species found in areas of impact, including pop ash FLUCFCS
code 616, shall be relocated by qualified biologists prior to development. Detailed
relocation plan shall be reviewed and approved by Environmental Services staff
prior to first development order approval.
G. The RPUD, shall be consistent with the environmental sections of the Collier
County GMP, Conservation and Coastal Management Element. Development
within this RPUD shall be in conformance with the applicable provisions of the
LDC jn effect at the time of final development order approval.
H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final site plan/ construction plan approval.
5.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure, except for the clubhouse facilities, a construction
operation/management office, and model center which may be constructed after zoning
approval (See Sections 2.10 and 2.11 of this RPUD Document).
5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout the Rockedge RPUD, except in Preserves. The following standards apply:
A. Landscape benns may have the following maximum side slopes:
1) Grassed berms 4: 1.
2) Ground covered berms 3: 1.
3) Rip-Rap berms 2: 1.
4) Structural walled berms may be vertical.
B. Fence or wall maximum height, adjacent to Collier Boulevard: a fence or wall, or
fence or wall and berm combination, not to exceed 8 feet in height, may be
y-?
erected along the project's frontage on Collier Boulevard. All other fences or
walls shall conform to the provisions of Section 5.03.02 of the LDC.
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.
5.12 POLLING PLACES
Pursuant to Chapters 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, which shall be binding upon any and all successors in interest that
acquire ownership of such common areas including homeowners' associations.
5.13 PARKS & RECREATION FACILITES
In addition to any recreation facilities that the developer may choose to develop within
the project, the developer shall install a playground to serve children ages 2-12 years old,
which meets ASTM standards. This required playground/tot lot area will be provided
prior to, but not later than, when CO's are issued for 35% of the allowable units for this
project.
V-8
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UW T A~C En~ms.
CONSULTING Surveyors & Mappcrs.
.:11...... Y Y.L ..IL. Planners, Project Managers
3050 Nor1h Horsesho. Dnve. Su(. 270
Naples, Rorid. 34104
Phon.: (239) 649-1509
FAX: (239) 849-70S6
Ql.TE, CLIENT:
OCT., 2003
WOODFIELD BUILDERS, LLC
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Prepared by:
Marjorie M. Student-Stirling
Ass't. Collier County Att'y.
3301 Tamiaml 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 1.0 day of J Ll n e_ , 2006, by and
between Woodfield Builders, LLC (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"). Only 55.97 acres of the total project
acreage of 76.46 acres is eligible for an affordable housing density bonus.. It is the
Developer's intent to construct a maximum of 400 residential units (the "Units") at a
density of 5.23 units per gross acre on the entire Property and 6.59 units per acre on
the eligible 55.97 acres. The gross acreage of Property is 76.46 acres. The number of
affordable Units constructed by Developer shall be 111 , representing 30% percent of
the total number of residential Units in the development generated from the eligible
55.97 acres.
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 Growth
Manaaement Plan Future land Use Element and in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) 9 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 285 bonus Units on the Property, if the Developer
agrees to construct affordable Units as specified in this Agreement.
Rev 9/3/2003
Page 1 of 21
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 5.09 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 acknowl~dged, 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 Aqreements. The Developer hereby agrees that it shall
construct 111-- 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.
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 LOC 9 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) Eligibilitv 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
Page 2 of 21
accordance with this Section; 3) certification of eligible Owner by the Financial
Administration and Housing Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable units
in the subject development. All applications, forms and other documentation required
by this Agreement shall be provided to the Financial Administration and Housing
Department. Qualification by the Developer of any persons as an eligible Owner family
shall be subject to review and approval in accordance with the monitoring and
enforcement program in LDC SS 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 S 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 two hundred seventy (270l days prior to occupancy. Upon expiration of
the 270 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
Page 3 of 21
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordable housing unit under the affordable housing density bonus
program. The Affordable Housing Applicant Income Certification form shall be provided
by the 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 S 2.06.00, may be conducted
by the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Financial Administration and Housing Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC S
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 1.5 units per acre, and is therefore granted a density
bonus of 5.09 density bonus units per acre for the eligible 55.97 acres, for a total
density (total = density bonus units per acre X gross acreage) of 6.59 units/ac on the
eligible 55.97 acres, pursuant to LDC S 2.06.00 The Commission further agrees that
the Developer may construct thereon, in the aggregate a maximum number of 400 units
on the Property provided the Developer is able to secure building permit(s) from Collier
County.
Page 4 of 21
4. Commission Agreement. 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 S
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 LDC S 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 S
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 S 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 S 2.06.00, as amended.
6. Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Director of Financial Administration
and Housing Department, which consent may be withheld for any reason whatsoever.
Page 5 of 21
Any attempt to assign the duties, obligations, or promises under this Agreement to any
successor in interest to the Property without the express written consent of the Director
of Financial Administration and Housing Department as required by this Section shall
be void ab initio. Developer may appeal any denial of assignment to the Commission.
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
Woodfield Builders, LLC
6604 Ridgewood Avenue
Naples, Florida 34108
To the Developer:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
Page 6 of 21
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 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 for a period of fifteen (15) years
from the date of issuance of a Certificate of Occupancy for said housing unit.
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.
17. The project shall be phased as follows:
Phase One: Phase One shall be limited to a maximum of 80 dwelling units,
of which a minimum of 50% shall be affordable units.
Phase Two: Phase Two shall be limited to 142 dwelling units including any
additional affordable units necessary to reach total of 111
affordable units. COs for these Phase Two units shall not be
issued until 2008, and
Phase Three: COs shall not be issued for the remaining 178 units prior to
February of 2009.
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
Page 7 of 21
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable Housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
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:. aR<?GK;'Clerk
, .~ . . . . ".
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.
" . " I :) ~'.~.lt ~ 1\ If'l nc
:. .~,~
Att,~t as. tw.'Cn~l. '~":nl s
S i gntt~,! '9~) l~.
~~
By: RANK HALAS, C NrAN
Approved as to form and legal sufficiency:
01\~ on. ~ -.pt:-u~ L.'
Marjori M. Student-Stirling ~
Assistant County Attorney
Page 8 of 21
DEVELOPER:
Witnesses:
Woodfield Builders, LLC
~;(~~-cJ,
Witness I ic
Printed Name Dlt41e.. f.... al'C(c=>'~)
v' I, "" ','
",c<j t-:'~J ~' ~1,., ( ,_,--i(,
By:
Brian Mansour, Managing Member
H?--
-- ""-:-1: ~ "c --Q:..'
Witness
Printed Namer\"i (n.1e:
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 Brian
Mansour as Managing Member of Woodfield Builders, LLC, who is Qersonally known to
~ or has produced as identification.
WITNESS my hand and official seal this /d t!i day of rr;; JJc
2006.
r~~,~.-J
Notary ubllc
My Commission Expires:
,., CAROLJ. AGAN
!..: :..i MY COMMISSION' DO 349617
- : = EXPIRES: AugUsl24, 2008
Ilond8d 1hru HolIry Plda Und9IwItIenI
Page 9 of 21
EXHIBIT A
LEGAL DESCRIPTION .NEWTOWN SQUARE PU)
Section: 23 Township: SO South Range: 26 East
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER
LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKING THE CENTER SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23, N.89000' 52 liE.,
A DISTANCE OF 664.38 FEET;
THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.Or13'49"W., A DISTANCE OF 1,350.38
FEET;
THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET
THENCE S.89041'40"W., A DISTANCE OF 1,325.03 FEET;
THENCE N.OrOO'34"E., A DISTANCE OF 331.32 FEET;
THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET
THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET
THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET
THENCE S.00058'Ol''W., A DISTANCE OF 330.10 FEET
THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF A 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO AND 100 FEET EAST OF THE
WEST LINE OF SAID SECTION 23;
THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28"E., A DISTANCE OF 984.20 FEET;
THENCE, DEPARTING FROM SAID EAST RIGHT -OF- WAY LINE, N.89023'49"E., A DISTANCE OF
894.94 FEET;
THENCE N.00059'07''E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST-WEST MID-
SECTION LINE;
THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE OF 996.67
FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A DISTANCE
OF 327.91 FEET;
THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET
THENCE N.Or05'18"E, A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 23, AS IrA VING AN ASSUMED
BEARING OF N.00050'28"E.
Page 10 of 21
APPENDIX A, EXHIBIT A
(NOT APPLICABLE)
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY 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
4 Bedroom
TOTAL
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
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. units.
(4) Gross residential density of this development (including affordable housing density
bonus units) units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) %.
Page 11 of 21
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
NOT APPLICABLE PER FUTURE LAND USE ELEMENT
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 detennine 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 or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing 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 1I10th of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to determine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 12 of 21
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
NOT APPLICABLE PER FUTURE LAND USE ELEMENT
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 BEDROOMSIUNIT
EFFICIENCY
AND 1
2
3 OR
MORE
80% MI= MODERATE (OWNER-OCCUPIED,
SINGLE-FAMILY)
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 13 of 21
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); 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% ofthe median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
! ~ J ~ ~ Q 1 ~
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
ONE B/R 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 14 of 21
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application: Amt. Of Sec. Deposit:
RacelNational Origin: Handicap: Yes _ No_
RacelNational Origin: Handicap: Yes _ No_
Co- Tenant Name
Present Address:
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
Name of Previous Landlord
State
Zip Telephone No.
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.
How long with Previous Employer Job Title
CO-TENANT:
Monthly $
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
NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE
1.
2.
3.
Job Title
Every 2 Weeks $
Birth Date
Monthly $
SOCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
Page 15 of 21
1. Name:
2. Name:
Address:
Address:
How Long Known:
How Long Known:
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 Zip Telephone No.
r hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
r am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable housing unit. r understand that r 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 ssr $ $ $ $
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 16 of 21
Page 17 of 21
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
identification.
as
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
STATE 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)
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE
AFFORDABLE UNIT.
Notary Public
Page 18 of21
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC S 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;
Planned Unit Development on 76.46 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
L- Yes
No
If yes, state date of application November 5. 2003 and if the request has been approved, state the
Ordinance number
3. Gross density of the proposed development. 5.23 units/acre.
Gross acreage of the proposed development. 76.46 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? --1&- Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Rocked~e PUD on Collier Boulevard
5.
Name of applicant
Woodfield Builders. LLC
Name ofland developer ifnot 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 Rental
Efficiency 0
One Bedroom 0
Two Bedroom 0
Three Bedroom 0
Other Bedroom 0
TOTAL 0
Owner
Occupied
400* Mix of number of bedrooms units to be
Determined according to market demand.
Page 19 of21
T ABLE II
Number of Affordable Housing Units
MODERATE INCOME
80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Total Number of
Affordable Units
in Development
Owner
Rental Occupied
111*
111
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
* minimum size, any or all may be increased to 3 bedroom units
LOW INCOME
60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
VERY LOW INCOME
50%MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Page 20 of 21
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.
* Wood frame or CBS construction
* 30 - year architectural shingles
* Concrete driveways, walks, and entries.
* R-30 insulation in attics and R13 insulation on exterior walls.
* Ceran1ic or vinyl tile flooring, or carpeting, in all kitchens, baths, bedrooms, and laundry areas.
* Wood or composite kitchen cabinets with fully adjustable shelves
* Complete kitchen appliances, including a microwave oven, range, refrigerator, and disposal
* High efficiency air conditioning with heat pump.
* Land Development Code minimum landscaped private yards.
* Dual sinks in the master bath.
* Aluminum framed windows.
* Metal clad entry door with dead bolt lock.
* Pre-wiring for cable television, telephone and a digital perimeter security alarm system
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 if needed.
478937.111523.0001
Page 21 of 21
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 2006-31
Which was adopted by the Board of County Commissioners
on the 6th day of June, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of June, 2006.
DWIGHT E. BROCK
Clerk of Courts and Cl~k
~ .' . .. ~ . I
Ex-officio to Board~ of '
County Commission~rs
~. Q O\<<l~ t {)C
By: Heidi R. Rockhold,
Deputy Clerk