Backup Documents 01/12/2021 Item #17E 1 7 E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements
appear,
Originating Dept/Div: GMD/Zoning Person:Timothy Finn Principal Planner
Date: December 10,2020
Petition No.(If none,give a brief description): PL20200000564
Petitioner: (Name&Address): Davidson Engineering-Jessica Harrelson
4365 Radio Road,Suite 201
Naples, FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,January 12,2021,
(Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: (Complete only if important):
xxx Naples Daily News Account#323534 Other Legally Required
Purchase Order No.4500205973
Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:
s- Date: t L
Division Ad strator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: if legal documents is involved, be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings: initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
FOR CLERK'S OFFICE �" '�_/�
Date Received I l/ L Date of Public Hearing 1 iy/��I Date Advertised. f.r 013 ��'V
NOTICE OF PUBLIC HEARING 1 • E
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on
January 12,2021,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299
East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX
COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT(CFPUD)AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT(RPUD), TO REDESIGNATE 5.11±ACRES OF LAND FROM TRACT A TO TRACT A-1; TO
INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE FOR A MAXIMUM OF 82
RESIDENTIAL UNITS ON TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS AND TO
AMEND THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY
CONSISTS OF 39.82± ACRES AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD, NORTH OF
DAVIS BOULEVARD(SR 84) IN SECTION 4,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20200000564]
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All
materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will
have the opportunity to provide public comments remotely, as well as in person, during this
proceeding. Individuals who would like to participate remotely, should register any time after the agenda is
posted on the County website which is 6 days before the meeting through the link provided on the front page
of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance
of the public hearing detailing how they can participate remotely in this meeting. For additional information
about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigcolliercountyfl.aov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least
two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BURT L. SAUNDERS,
1IE
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Is/Patricia Morgan
Deputy Clerk(SEAL)
ORDINANCE NO. 21 - 1 ! E
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-46,
THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11± ACRES OF LAND FROM TRACT A TO TRACT A-1;
TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE
FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1, USING
THE AFFORDABLE HOUSING DENSITY BONUS AND TO AMEND THE
MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY CONSISTS OF 39.82± ACRES AND IS LOCATED EAST OF
SANTA BARBARA BOULEVARD,NORTH OF DAVIS BOULEVARD (SR 84)
IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL202000005641
WHEREAS, on September 13, 2005, the Board of County Commissioners adopted
Ordinance No. 05-46, which created the Bembridge Emergency Services Complex CFPUD and
RPUD; and
WHEREAS, Collier County, a political subdivision of the State of Florida, and
McDowell Housing Partners, LLC, represented by Jessica Harrelson, AICP of Davidson
Engineering, Inc., petitioned the Board of County Commissioners to amend the PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO PUD DOCUMENT.
The PUD Document, attached as Exhibit"A" to Ordinance No. 05-46, is hereby amended
and replaced with the PUD Document attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
[20-CPS-02007/1587504/1]116
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , Chairman
Approved as to form and legality:
v
Heidi F. Ashton-Cicko
Managing Assistant County Attorney '
Attachment: Exhibit A - PUD Document
[20-CPS-02007/1587504/1]116
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BEMBRIDGE EMERGENCY SERVICES COMPLEX
A
COMMUNITY FACILITIES AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES
COMPLEX,A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY BOARD OF COMMISSONERS
And
McDowell Housing Partners
601 Brickell Key Drive, Suite 700
Miami, FL 33131
PREPARED BY:
Coastal Engineering Consultants, Inc.
3106 South Horses , Drive
Naples, FL 34104
Jessica Harrelson,AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC 9 13 2005
ORDINANCE NUMBER 2005 46
AMENDMENTS--AND R€PEAL 1998-0o
EXHIBIT A
Revised September 19, 2005
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TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 5
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 7
SECTION III COMMUNITY FACILITIES AREAS PLAN 1-99
SECTION IV GENERAL DEVELOPMENT COMMITMENTS
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LIST OF EXHIBITS
EXHIBIT A PUD MASTER PLAN
EXHIBIT A-1 TRACT A-1-RESIDENTIAL ARCHITECTURAL RENDERINGS
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STATEMENT OF COMPLIANCE
The development of approximately 39.82± acres of property in Collier County, as a Community Facilities
Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities
Planned Unit Development (Bembridge ESC CFPUD and RPUD) shall be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and
implementing land development regulations.
The Calusa Park Elementary School and auxiliary school facilities are subject to the Interlocal Agreement
adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered
consistent with the Growth Management Plan. The land uses of the CFPUD and the RPUD will be
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 within the Urban Mixed Use, Urban Residential Subdistrict Land Use
Designation and located just north of Activity Center#6 as identified on the Future Land Use Map.
Residential uses, government facilities and essential services are permitted within this
designation.
2. The subject property is located within the residential density band of Mixed Use Activity Center
Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boulevard. As such,
The projected
density of 6 16 DU/A shall be calculated using Tract A-1's total site area of 5.1-acres and is in
compliance with the FLUE of the GMP based on the following relationships to required criteria:
Base Density (Based on FLUE Density Rating System) 4.0 DU/A
Bonus Density, proximate to an Activity Center 3.0 DU/A
Affordable Housing Density Bonus 12.0 DU/A
Total Permitted Density for Tract "A-1 Residential" 47816.0 DU/A
6.0 DU/A
16.0 DU/A x 5.1-acres= 82 maximum residential units
3. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity as required in Objective 2 of the Future Land Use
Element (FLUE).
4. The project development is compatible and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the FLUE.
4.5.The project development will result in an efficient and economical extension of community
facilities and services.
5,6.AI1 final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of
the Collier County Land Development Code (LDC).
6 7.The Bembridge ESC CFPUD and RPUD project is compatible with and complementary to existing
and future surround land uses and is considered to be consistent with Policy 5.4 of the FLUE.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of the Bembridge ESC CFPUD and RPUD.
1.2 LEGAL DESCRIPTION
The subject property is currently known as the Bembridge PUD, which is approximately 39.82±
acres, located in Section 4,Township 50 South, and Range 26 East, and described as follows:
The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, Collier
County, Florida.
Tax Folio Numbers: 00399840007, 00400246406,00400246309 and 00400248006
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East,
Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet
south of Radio Road and 1,396 feet north of Davis Boulevard.
B. The zoning classification of the subject property prior to the effective date of this approved
CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the
Board of County Commissioners in 1998(Ordinance 98-86)for residential and church use with
a nursing home. Prior to that date it was designated Agricultural.
C. Collier County Public Schools purchased 39.82± acres of the Bembridge PUD in January 2000
to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a
5.998±acre parcel and a 7±acre parcel from the School District of Collier County to build the
ESC Center and EMS Station #1975 and water management lakes.
D. The property has received the following approvals:
1. SDP approval for EMS Station #1-975 (SDP-2003-AR-4786), May, 2004.
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1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Sub-basin. Run-off from the site is routed to the
Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at
Santa Barbara PUD,and then southerly from the Davis Boulevard swale system along County Barn
Road, around the Royal Wood Development to a canal which is tied to the Lely Canal.The current
permitted, pumped discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and run-off attenuation to pre-development rates.A water management
lake will be constructed by the Collier County Transportation Division on five acres located in the
southwest comer of this project, which will serve Santa Barbara Boulevard (6-lanes), residential
uses, EMS Station#4375, and Calusa Park Elementary School.An existing detention lake is located
in the central area of the project on the elementary school site.
Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is
within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415.
The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by
development of the site.
1.6 PROJECT DESCRIPTION
The Bembridge ESC CFPUD and RPUD project is a multi-use project. Major uses consist of
residential uses, those related to public safety (emergency medical services), the existing Calusa
Park Elementary School and related auxiliary school facilities, and water management facilities
which will serve these facilities and Santa Barbara Boulevard.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bembridge ESC Community Facility CFPUD and
RPUD Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development,
relationships to applicable County ordinances, and the respective land uses of the tracts included
in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Bembridge ESC CFPUD and RPUD shall be in accordance
with the contents of this Document,the CFPUD and RPUD Planned Unit Development District
and other applicable sections and parts of the Collier County LDC and GMP in effect at the
time of building permit application. Where these regulations fail to provide developmental
standards,then the provisions of the most similar district in the County LDC shall apply to the
ESC Tracts "A","A-1" and "B". Tract"C",Calusa Park Elementary School and auxiliary facilities
are subject to the Interlocal Agreement between the Collier County School District and Board
of County Commissioners adopted in May 2003.
B. Unless otherwise noted,the definitions of all terms in this Document have the same meaning
as the definitions set forth in Collier County LDC.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Bembridge ESC CFPUD and RPUD shall become part of the regulations
that govern the manner in which the Bembridge ESC CFPUD and RPUD site shall be developed.
D. The provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal
Agreement (Adopted May 2003), where applicable, remain in full force and effect with
respect to the development of the land which comprises the Bembridge ESC CFPUD and
RPUD.
E. The Master Plan is illustrated graphically as Exhibit A. The location, size and configuration of
the individual water management features and development tracts shall be determined at
the time of final site development plan approval with minor adjustments at the time of final
plan approval, in accordance with Section 10.02.03 of the LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit
A, the Master Plan. There shall be twe three land use tracts (Tracts "A"t "A-1" and "C") with
necessary water management lakes, street rights-of-way,the general configuration of which
is also illustrated by Exhibit A.Tract"A" represents the future residential area and Emergency
Management Services building and related facilities. Tract "A-1" represents a future
residential area on 3.77-acres and a Master County Pump Station on 1.33-acres, for a total
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site area of 5.1-acres. Tract "C" represents the existing Calusa Park Elementary School. An
additional development tract, Tract "B" represents the lake and lake expansion arcs which
will provides detention for stormwater runoff for this project and the Santa Barbara
Boulevard .
B. In addition to the various areas and specific items shown on Exhibit A, such easements as
necessary (utility, private, semi-public, etc.) shall be established within or along the various
tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The EMS Station#1975 shall not exceed 7,000 square feet.Ancillary uses,such as heating,cooling,
air conditioning mechanical equipment buildings and radio tower equipment areas, do not count
towards this building area allocation.The gross residential project density shall be a maximum of
670 16.0 units per acre, based upon the total site area of Tract A-1 only,
subject to an Affordable Housing Density Bonus Agreement between the Developer and Collier
County. (16.0 DU/A x 5.1-acres =82 maximum residential units)
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Final plans for all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the Bembridge ESC CFPUD Master
Plan,the Collier County Subdivision Code, and the platting laws of the State of Florida.
B. Exhibit A, the Master Plan, constitutes the required PUD development plan.
C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to
the development of all platted tracts, or parcels of land as provided in said Section prior to
the issuance of a building permit or other development order.
D. Appropriate instruments shall be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CFPUD and RPUD as provided in the Collier County LDC,Section
10.02.13.E.
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SECTION III
COMMUNITY FACILITIES PLAN
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas so
designated on Exhibit A, Bembridge ESC CFPUD Master Plan.
3.2 GENERAL DESCRIPTION
The CFPUD and RPUD provides for a maximum of 7,000 square feet of building area for permitted
and accessory emergency operations uses, limited to an EMS use, as well as the existing Calusa
Park Elementary School and a residential area,on 39.82±acres. Ancillary uses, such as HVAC and
radio tower equipment areas, do not count towards this building area allocation.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part,for other than the following:
A. Permitted Principal Uses and Structures:
1. Educational plants(Tract"C")
2. Emergency medical services (Tract "A")
3. Residential units that are ,
multi-family dwellings limited to 616 units per acre
on Tract "A-1" only
4. Essential Services, inclusive of a Master County Pump Station (Tract"A-1")
B. Uses Accessory to Permitted Uses:
1. Accessory uses and structures customarily associated with the principal uses
including carports,garages, and utility buildings for residential uses within Tract A-1.
2. Residential and commercial uses of an accessory nature which are incidental and
customarily associated with support of a principal use.
3. Accessories for residential use such as recreational uses and facilities including
swimming pools, tennis courts, children's playground areas, tot lots, walking paths,
picnic areas, recreation buildings/clubhouses,and basketball/shuffle board courts for
residential uses within Tract A-1.
4. Temporary use of the site for public purposes in accordance with Section 10.02.06.G.
the LDC.
5. Parking facilities (Tract "A",Tract "A-1" and "C").
6. HVAC plants and other like facilities (Tract"A"s Tract "A-1" and "C").
7. Major maintenance and service facilities (Tract"A",Tract "A-1" and "C")
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3.4 COMMUNITY FACILITIES DEVELOPMENT STANDARDS
A. Minimum Lot Area: None required.
B. Minimum Lot Width: None required.
C. Minimum Yards:
1. Principal and Accessory Structures
a. Perimeter of CFPUD Fifty(50)feet or Yz the building height,
abutting residentially whichever is greater.
zoned property
b. Perimeter of CFPUD Twenty-five (25)feet or 1/2 the building height,
abutting non residentially whichever is greater.
zoned property.
c. Waterfront Zero(0)feet to bulkhead or rip-rap at top e+of
Bank, otherwise 20 feet.
D. Distance Between Principal Structures on the Same Parcel:
A minimum 15 feet or one-half sum of the building heights as measured by the closest
exterior building walls,whichever is greater.
E. Distance Between Accessory Structures on the Same Parcel:
A minimum of 10 feet between detached accessory structures and between accessory
structures and principal structures.
F. Maximum Building Height
1. Principal buildings shall not exceed 40 feet in height nor 3 stories,whichever is less.
2. Accessory structures shall not exceed 30 feet in height.
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3.5 TRACT A-1-RESIDENTIAL USE DEVELOPMENT STANDARDS
A. Minimum Yards:
1. Yards along Santa Barbara Boulevard: Seventy (70) Sixty-six(66) feet
(2) story structures and one#mundred fifty(150)feet for three.story structures.
2. Yards from on-site lakes: twenty(20) feet
3. Yards for internal tracts(principal structures):
Front- 30 feet or half the building height
Side/ Rear—20 feet
4. Yards for internal tracts(accessory structures):
Front - 10 feet
Side/Rear- 5 feet
B. Minimum Floor Area (residential units):
1. One bedroom units-six hundred (600) square feet.
2. Two bedroom units-eight hundred fifty(850) square feet.
3. Three bedroom units-eleven hundred (1100) square feet.
4. Four bedroom units-one thousand three hundred fifty (1350) square feet.
C. Distance Between Principal Structures:
1. Between one (1) story structures-Ten (10) feet.
2. Between one (1) story and two (2) story structures- Fifteen (15) feet.
3. Between one (1) story and three (3) story structures-Twenty(20)feet.
4. Between two (2) story structures-Twenty (20) feet.
5. Between two (2) story and three (3) story structures-Twenty-five (25) feet.
6. Between three (3) story structures -thirty (30)feet.
7. Principal to accessory structures—ten (10) feet.
D. Maximum Building Height:
1. Principal buildings shall not exceed a zoned height of 40 feet in height or 3 stories,
whichever is less, and shall not exceed an actual height of 44 feet.
2. Accessory structures shall not exceed the height restrictions of the LDC.
3.6 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water management facilities
or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby
permitted subject to the following conditions:
A. Excavation activities shall comply with "clear and fill" application requirements pursuant to
Subsection 4.06.04.A.1.a.iii of the LDC. Off-site removal shall be limited to 10% of the total
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volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County
Code of Laws and Ordinances.
B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply.
3.7 LANDSCAPE BUFFERS, BERMS, FENCES,AND WALLS
The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4:1
2. Ground cover berms
Perimeter 3:1
Internal to project 3:1
3. Structural walled berms-vertical
B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape
buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary
subdivision plat and site development plan submittal. Sidewalks shall meet the requirements
of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier
County Community Development and Environmental Services (CDES) for approval prior to
construction.
C. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures,
and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the
LDC.
D. A 15'Type"D" buffer shall be provided along Santa Barbara Boulevard for the portion of Tract
"A-1" that is developed with residential uses.
3.8 DESIGN GUIDELINES AND STANDARDS
The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the
planning, design and development or redevelopment of relatively large tracts of land as set forth
in Section 2.03.06. of the LDC.
3.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD.
General permitted uses are those uses which generally serve the facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03 of the LDC.
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
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5. Temporary construction and administrative offices for authorized
contractors and consultants, including necessary access ways, parking areas
and related uses.
3.10 SIGNAGE
All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for
Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and
b. of the Collier County LDC and the Interlocal Agreement of May 2003. Two entry signs for the
Calusa Park Elementary School shall be permitted, if one is a marquee sign (see 4.13.F 4.12.1).
3.11 SIDEWALKS/BIKEPATHS
A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD,
sidewalks/bikepaths shall be permitted as follows:
1. An internal sidewalk shall be permitted within drainage easements.
2. Sidewalks may be located outside platted rights-of-way when located within a separate
sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements.
Bembridge Emergency Services Complex CFPUD&RPUD
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SECTION IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the Bembridge
Emergency Services Complex CFPUD.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans and all
applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the
time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject
to the requirements in Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of
May 2003. Except where specifically noted or stated otherwise, the standards and specifications
of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall
be responsible for the commitments outlined in this Document.
The developer, its successor or assignee, shall follow the Master Plan and the regulations of the
CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any successor or assignee in title to the developer, is bound by the
commitments within this Document.
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." (Section 125.022, FS)
The developer of Tract A-1-Residential shall coordinate with the Collier County School District to
determine the need and location of a pedestrian interconnect to Calusa Park Elementary School,
prior to SDP or plat approval.
Final design of Tract A-1-Residential shall closely resemble the architectural renderings attached
as Exhibit A-1.
4.3 CFPUD MASTER PLAN
A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan.Tracts and boundaries shown on the plan are conceptual and shall not be
considered final. Actual tract boundaries shall be determined at the time of site development
plan approval.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
Bembridge Emergency Services Complex CFPUD& RPUD
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4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. Sunsetting. The Bembridgc ESC CFPUD shall be subject to the sunset provisions of Section
10.02.13,D of the LDC, as amended.
10.02.13.F of the LDC.
A. One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring of Tract
A-1-Residential until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,
the Managing Entity is Collier County. 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 that needs to be approved for legal sufficiency by the County Attorney.
After such approval,the Managing Entity will be released of their/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 PUD
by the new owner and the new owner's agreement to comply with the Commitments through
the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under
this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
4.5 ENGINEERING
A. All project development shall be consistent with the LDC.
4.6 UTILITIES
A. Water distribution, sewage collection, and transmission systems shall be constructed
throughout the project by the developer. Potable water and sanitary sewer facilities
constructed within platted rights-of-way or within dedicated County utility easements shall
be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be
amended.
B. Upon completion of the utility facilities,the facilities shall be tested to insure they meet Collier
County utility construction requirements in effect at the time construction plans are
approved.
4.7 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to approval of the site
development plan.
B. An excavation permit shall be required for the proposed lakes in accordance with the Collier
County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of
excavation permit approval.
Bembridge Emergency Services Complex CFPUD& RPUD
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December 9, 2020 15
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4.8 ENVIRONMENTAL
A. A minimum of sixty-(b0) thirty(30) percent open space of the PUD's gross area of portion
of the site that is developed for residential purposes, as described in Section 4.02.01.6.2. of
the LDC, shall be provided.
B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis
on the preserve/open space areas, shall be submitted to the Department of Environmental
Services Staff for review and approval prior to final site plan/construction plan approval.
C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP
and the Collier County LDC in effect at the time of final development order approval.
D. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource. Permit Rules and be subject to review and approval by the Environmental Services
Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
E. All approved agency (SFWMD, ACOE, FPWCC) permits shall be submitted prior to final
plan/construction plan approval.
F. The preservation requirement for Tract"A-1" shall be 15% of the existing native vegetation
on-site and can be provided off-site per LDC Section 3.05.07 H.f.iii. (0.82-acres x 15%=0.12-
acres required)
4.9 TRANSPORTATION
A. All traffic control devices,signs, pavement markings and design criteria shall be in accordance
Traffic Control Dev: s MUTC 4 iurrent diti nll Cher : nts chalI m et the
requirements of the Collier County LDC.
8. Arterial level street lighting shall be provided at all access points. Access lighting shall be in
place prior to the issuance of the first certificate of occupancy (CO).
it,
shall be separated from vehicular traffic in accordance with recognized standards and safe
practices, as tion Services Staff.
A. The maximum total daily trip generation for 'Tract A-1-Residential' shall not exceed 50 two-
way PM peak hour net 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."
Bembridge Emergency Services Complex CFPUD& RPUD
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December 9, 2020 16
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4.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure, except for a construction site administrative office.
4. 11 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC
in effect at time of building permit application.
4.1312 DEVIATIONS FROM LAND DEVELOPMENT CODE
C. Deviation withdrawn
E. Deviation withdrawn
i`1. Subsection 5.06.00 the LDC—Signs Deviation from Subsection 5.06.06.C.1 of the LDC,which
limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School
shall be permitted two entry signs with one being a marquee sign.
2. Deviation #2 seeks relief from LDC section 4.06.02 C.4., "Type D Landscape Buffer," which
requires a 20-foot Type "D" landscape buffer along rights-of-way for developments of 15
acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1-
Residential" along Santa Barbara Boulevard.
3. Deviation #3 seeks relief from LDC Section 4.06.02 C., "Landscape Buffers," which requires a
15'Type 'B' buffer between multi-family residential and a community facility,to instead allow
a 7' Type 'B' buffer along the eastern property line of Tract "A-1-Residential".
4. Deviation #4 seeks relief from LDC Section 4.05.04. G., "Parking Space Requirements," which
requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and
accessory recreational facilities for multi-family projects, to instead require a total of four (4)
parking spaces for the office/clubhouse and no additional parking spaces for the accessory
recreational facilities on Tract "A-1".
5. Deviation #5 seeks relief from LDC Section 4.06.02. C.4., "Type D Landscape Buffer," which
requires a 20-foot Type'D' landscape buffer along rights-of-way for developments of 15 acres
or more, to instead allow a 10-foot wide Type 'D' buffer along Santa Barbara Boulevard and
along the Roadway Easement for Tract B.
6. Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit 'A', "Off-Street Parking Design
Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or
greater in width, to instead allow vehicular overhang into the 7' Type 'B' buffer along the
eastern boundary of Tract "A-1-Residential".
4.13 AFFORDABLE HOUSING
A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has
agreed to construct 13 rental units for residents in or below the very low income category
(50% or less of the County median income), 50 rental units for residents in the low income
category(51 to 60%of the County median income)and 19 rental units for residents in the low
to moderate income category(61 to 80%of the County median income).
Bembridge Emergency Services Complex CFPUD& RPUD
P U DA-20200000564
December 9,2020 17
1 7 E
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17E
NDN Acct #323534
December 11, 2020
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PL20200000564, Bembridge PUDA
Dear Legals:
Please advertise the above referenced notice (in the Classified Section of the paper)
on Wednesday, December 23, 2020, and send the Affidavit of Publication, together
with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500205973
17E
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on January 12, 2021, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of
County Commissioners (BCC)will consider the enactment of a County Ordinance. The meeting
will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-46,
THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD), TO REDESIGNATE 5.11± ACRES
OF LAND FROM TRACT A TO TRACT A-1; TO INCREASE THE
RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE FOR A MAXIMUM OF
82 RESIDENTIAL UNITS ON TRACT A-1, USING THE AFFORDABLE
HOUSING DENSITY BONUS AND TO AMEND THE MASTER PLAN; AND
PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY CONSISTS OF
39.82± ACRES AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD,
NORTH OF DAVIS BOULEVARD (SR 84) IN SECTION 4, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200000564]
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for
inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager
prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3
minutes on any item. The selection of any individual to speak on behalf of an organization or group
is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing.All materials used in presentations
before the Board will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the
public will have the opportunity to provide public comments remotely, as well as in person, during
this proceeding. Individuals who would like to participate remotely, should register any time after
the agenda is posted on the County website which is 6 days before the meeting through the link
provided on the front page of the County website at www.colliercountyfl.gov. Individuals who
register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig
at 252-8369 or email to Geoffrey.Willig(a,colliercountyfl.gov.
17E
Any person who decides to appeal any decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact
the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,
Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Crystal K. Kinzel 1 7 E
Collier County
Clerk of the Circuit Court and Comptroller
3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
rof \l\.\.
December 11, 2020
Davidson Engineering
Attn: Jessica Harrelson
4365 Radio Road
Naples, FL 34104
Re: PL20100000564 - Bembridge PUDA
Dear Petitioner,
Please be advised the above referenced petition will be considered by the Collier
County Board of County Commissioners, on Tuesday, January 12, 2021.
A legal notice pertaining to this petition will be published in the Naples Daily News
on Wednesday, December 23, 2020.
You are invited to attend this public hearing.
Sincerely,
CRYSTAL KINZEL, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239) 252-2646 Fax-(239)252-2755
Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com
1 ) E
Martha S. Vergara
From: Martha S. Vergara
Sent: Friday, December 11, 2020 11:44 AM
To: Naples Daily News Legals
Subject: PL20200000564 Bembridge PUDA (BCC 1/12/2021)
Attachments: PL20200000564 Bembridge PUDA (BCC 1-12-2021).doc; PL20200000564 Bembridge
PUDA (BCC 1-12-2021).docx
Hello,
Please advertise the following attached on Wednesday, December 23, 2020.
(Please place in the Classified Section of the paper).
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
cottvi (4Ao, Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
��� � 3299 Tamiami Trail E, Suite #401
rr`t Naples, FL 34112
www.CollierClerk.com
i
1 ? E
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Friday, December 11, 2020 11:44 AM
To: Martha S. Vergara
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
1
I 7 E
io*, t
PART OF THE USA TODAY NETWORK
BCC COMPREHENSIVE PL
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303804 0004507492 $595.00 $0.00 $595.00 Invoice $0.00 $595.00
Sales Rep: mweber Order Taker: mweber Order Created 12/11/2020
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 2.00 170 12/23/2020 12/23/2020
NDN-naplesnews.com 1 2.00 170 12/23/2020 12/23/2020
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
17E
Text of Ad: 12/11/2020
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on January 12,
2021, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples FL., the Board of County Commissioners (BCC) will con-
sider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUM-
BER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX
COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD)
AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11± ACRES OF LAND FROM TRACT A TO TRACT
A-1; TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16
UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON
TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS
AND TO AMEND THE MASTER PLAN;AND PROVIDING AN EFFEC-
TIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 39.82± ACRES
AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD,
NORTH OF DAVIS BOULEVARD (SR 84)IN SECTION 4,TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20200000564]
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limit-
ed to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to promote social distancing
during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par-
ticipate remotely, should register any time after the agenda is
posted on the County website which is 6 days before the meet-
ing through the link provided on the front page of the County
website at www.colliercountyfl.gov. Individuals who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. For addition-
al information about the meeting please call Geoffrey Willig at
252-8369 or email to Geoffrey.Will_ig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BURT L.SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Pub Date:Dec 23,2020 #4507492
1 7 E
Martha S. Vergara
From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Tuesday, December 15, 2020 9:32 AM
To: Minutes and Records
Cc: RodriguezWanda; BradleyNancy; GMDZoningDivisionAds
Subject: FW: AD PROOF - PL20200000564 Bembridge PUDA (1/12/2021)
Attachments: OrderConf.pdf; Re:AD PROOF - PL20200000564 Bembridge PUDA (1/12/2021)
Good morning everyone,
We have received approvals from planner and applicant. Please proceed with final processing.Thank you kindly.
Respectfully,
r ee 4 id a C4d4K4ca
Operations Coordinator-Zoning Division
2800 North Horseshoe Drive, Naples, FL 34104
Phone: 239-252-2658
Alexandra.Casanova@colliercountvfl.gov
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.
Cof ier C4n4vity
Exceeding Expectations
From: FinnTimothy<Timothy.Finn@colliercountyfl.gov>
Sent: Friday, December 11, 2020 3:22 PM
To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;Jessica Harrelson
<Jessica@davidsonengineering.com>
Subject: RE:AD PROOF- PL20200000564 Bembridge PUDA (1/12/2021)
Approved
From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Friday, December 11, 2020 2:48 PM
To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>;Jessica Harrelson <Jessica@davidsonengineering.com>
Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: FW: AD PROOF- PL20200000564 Bembridge PUDA(1/12/2021)
Jessica and Tim,
Please find the attached ad proof for Bembridge PUDA for your review and approval for advertising purposes.Thank you
kindly for your attention to this matter.
Respectfully,
Illeteute44 Ci4 tc to
Operations Coordinator-Zoning Division
2800 North Horseshoe Drive, Naples,FL 34104
1
1IE
Martha S. Vergara
From: Jessica Harrelson <Jessica@davidsonengineering.com>
Sent: Monday, December 14, 2020 5:18 PM
To: CasanovaAlexandra
Cc: GMDZoningDivisionAds; FinnTimothy
Subject: Re:AD PROOF - PL20200000564 Bembridge PUDA (1/12/2021)
Attachments: image006.png; image002.jpg; image007.jpg
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Approved. Sorry I've been out of the office.
Thanks.
Sent from my iPhone
On Dec 14, 2020, at 5:06 PM, AlexandraCasanovaVEN <Alexandra.Casanova@colliercountyfl.gov>wrote:
Jessica,
I received the approval from Tim Finn but I am still waiting on your approval to this ad proof. Thank you
so much for your attention to this matter.
Respectfully,
74,eeteutd4a ead oteuieZ
Operations Coordinator-Zoning Division
2800 North Horseshoe Drive, Naples,FL 34104
Phone:239-252-2658
Alexandra.CasanovaPcolliercountyfl.gov
Tell us how we are doing by taking our Zoning Division Survey at htti ://bit.Iv/CollierZoning.
<image002.jpg>
Exceeding Expectations
From: GMDZoningDivisionAds
Sent: Friday, December 11, 2020 2:48 PM
To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; 'Jessica Harrelson'
<Jessica@davidsonengineering.com>
Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: FW: AD PROOF- PL20200000564 Bembridge PUDA(1/12/2021)
Jessica and Tim,
Please find the attached ad proof for Bembridge PUDA for your review and approval for advertising
purposes.Thank you kindly for your attention to this matter.
1
Martha S. Vergara 1 7 E
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Tuesday, December 15, 2020 10:37 AM
To: Minutes and Records
Cc: GMDZoningDivisionAds
Subject: proof approval - PL20200000564 Bembridge PUDA (1/12/2021)
Attachments: OrderConf.pdf; FW:AD PROOF - PL20200000564 Bembridge PUDA (1/12/2021)
Attorney approval is below, and staff and applicant approvals are attached. Thank you,
Wanda Rodriguez, .ACP, CPJ1
Office of the County .Attorney
(239) 252-8400
From:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Sent:Tuesday, December 15, 2020 8:58 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>
Subject: FW: proof for apeiproval - PL20200000564 Bembridge PUDA(1/12/2021)
Approved. Thank you for the reminder.
Heidi Ashton-Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252-8773
From: RodriguezWanda <Wanda.Rodriguez@colliercountvfl.gov>
Sent:Tuesday, December 15, 2020 8:50 AM
To:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Cc: CrotteauKathynell<Kathvnell.Crotteau@colliercountvfl.gov>
Subject: re: proof for apeiproval- PL20200000564 Bembridge PUDA(1/12/2021)
Reminder that I still need an approval on this.
From: RodriguezWanda
Sent: Friday, December 11, 2020 2:21 PM
To:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>
Subject: proof for approval - PL20200000564 Bembridge PUDA(1/12/2021)
Heidi,
Martha S. Vergara 17
From: Martha S. Vergara
Sent: Tuesday, December 15, 2020 11:59 AM
To: 'Gannett Legals Public Notices'
Subject: RE:4507492 PL20200000564 Bembridge PUDA (BCC 1/12/2021)
Hi Madison,
This ad proof has been reviewed and approved by the legal department.
Please proceed with publishing as requested.
Thanks,
Martha
From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com>
Sent: Friday, December 11, 2020 12:20 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 4507492 PL20200000564 Bembridge PUDA(BCC 1/12/2021)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your notice is scheduled to publish Dec 23 in the Daily News. The total cost of your notice is $595, which
includes a publisher affidavit that will be mailed to you after the last date of publication.
Thank you,
Madison Weber
Public Notice Representative
airkyvnor LOCALIQ
Office:844-254-5287
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Friday, December 11, 2020 10:44 AM
To: NDN-Legals<legals@naplesnews.com>
Subject:4507492 PL20200000564 Bembridge PUDA(BCC 1/12/2021)
1
I 7 E
Naples Daily News
Dec. 23, 2020
Miscellaneous Notices
NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a
public hearing will be held by the Collier County Board of County Commissioners on January 12, 2021, in the Board of
County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the
Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence
at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING
ORDINANCE NUMBER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT(CFPUD) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11± ACRES OF LAND FROM TRACT A TO TRACT A-1; TO INCREASE THE RESIDENTIAL
DENSITY FROM 6 TO 16 UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1, USING THE
AFFORDABLE HOUSING DENSITY BONUS AND TO AMEND THE MASTER PLAN; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY CONSISTS OF 39.82± ACRES AND IS LOCATED EAST OF SANTA
BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84) IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20200000564]
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic
materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing
initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,
should register any time after the agenda is posted on the County website which is 6 days before the meeting through the
link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an
email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional
information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Williq{cr7,colliercountyfLgov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL) Pub Date: Dec 23, 2020 #4507492
( I3 c's )
17E
Public Notices Li Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on January 12,
2021, in the Board of County Commissioners Meeting Room,
Third Floor,Collier Government Center, 3299 Tamiami Trail East,
Naples FL., the Board of County Commissioners (BCC) will con-
sider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUM-
BER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX
COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD)
AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11t ACRES OF LAND FROM TRACT A TO TRACT
A-1; TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 _.
UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON
TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS
AND TO AMEND THE MASTER PLAN;AND PROVIDING AN EFFEC-
TIVE DATE.THE SUBJECT PROPERTY CONSISTS OF 39.82t ACRES
AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD,
NORTH OF DAVIS BOULEVARD(SR 84)IN SECTION 4,TOWNSHIP t7
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PL20200000564) rn
A copy of the proposed Ordinance is on file with the Clerk to o
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
0
NOTE: All persons wishing to speak on any agenda item must m
register with the County manager prior to presentation of the m
agenda item to be addressed. Individual speakers will be limit-
ed to 3 minutes on any item. The selection of any individual to ID
speak on behalf of an organization or group is encouraged. If m
recognized by the Chairman, a spokesperson for a group or or- xi
ganization may be allotted 10 minutes to speak on an item.
- w
Persons wishing to have written or graphic materials included in N
the Board agenda packets must submit said material a minimum N
of 3 weeks prior to the respective public hearing. In any case, o
written materials intended to be considered by the Board shall --
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre- Z
sentations before the Board will become a permanent part of
the record. •
As part of an ongoing initiative to promote social distancing IA
during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par- r
ticipate remotely, should register any time after the agenda is <
• Posted on the County website which is 6 days before the meet-
mg through the link provided on the front page of the County in
website at www.coIliercounfl.gov. Individuals who register
will receive an email in advance of the public hearing detailing 0
how they can participate remotely in this meeting. For addition-
al information about the meeting please call Geoffrey Willig at
252-8369 or email to Geoffrey.Wil(y@_colliercountyfl.gov_.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,
— (239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BURT L.SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
Pub Date:Dec 23,2020 #4507492
1 7 E
IriIaiIjjMq
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC COMPREHENSIVE PL ANNING DEV
3299 TAMIAMI TRL E 700
NAPLES, FL 34112
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples, in
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
���ll��Published:` 12/23/2020
(......)t
41
Subscribed and sworn to before on December 23,2020:
- h,,' .1 0 i'4"1 :.,v.e0"t.ca 4, ._1
Notary,State of WI,County of Brown
TARA MONDLOCH
Notary Public
' State of Wisconsin
My commission expires August 6,2021
Publication Cost:$595.00
Ad No:0004507492
Customer No: 1303804
PO#: 4500205973
#of Affidavits 1
This is not an invoice
17E
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on January 12,
2021, in the Board of County Commissioners Meeting Room,
Third Floor,Collier Government Center, 3299 Tamiami Trail East,
Naples FL., the Board of County Commissioners (BCC) will con-
sider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M.The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUM-
BER O5.46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX
COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD)
AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11*ACRES OF LAND FROM TRACT A TO TRACT
A-1; TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16
UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON
TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS
AND TO AMEND THE MASTER PLAN;AND PROVIDING AN EFFEC-
TIVE DATE.THE SUBJECT PROPERTY CONSISTS OF 39.82*ACRES
AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD,
NORTH OF DAVIS BOULEVARD (SR 84)IN SECTION 4,TOWNSHIP
SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PL20200000564)
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limit-
ed to 3 minutes on any Item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to promote social distancing
during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son,during this proceeding. Individuals who would like to par-
ticipate remotely, should register any time after the agenda is
Posted on the County website which is 6 days before the meet-
ing through the link provided on the front page of the County
website at www.colliercountyfl.gov, Individuals Who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. For addition-
al information about the meeting, please call Geoffrey Willig at
252-8369 or email to Geoffrey.WiIliggcolliercountyfl,gov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings Is made, which record Includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you,to the provision of certain assistance. Please
contact the Collier County Facilities Management.Division, locat-
ed at 3335 Tamiami Trail East, Suite 101,Naples, FL 34 1 1 2-5356,
(239)252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BURT L.SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
Pub Date:Dec 23,2020 #4507492
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office
H(AL I - a -�i
4. BCC Office Board of County � '
Commissioners J. -T-al 5. Minutes and Records Clerk of Court's OfficeC 2.0(2/ it,r0
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Timothy Finn Phone Number 239-252-4312
Contact/ Department Growth Management Department
Agenda Date Item was January 12,2021 Agenda Item Number 17.E
Approved by the BCC
Type of Document Ordinance ^a ( ( Number of Original 1
Attached c/`�J�' Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? no
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TF
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TF
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TF
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip TF
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1-12-2021 and all changes TF , skit
made during the meeting have been incorporated in the attached document. The it*;e� ior
County Attorney's Office has reviewed the changes,if applicable. ,1�' ,
9. Initials of attorney verifying that the attached document is the version approved by the � #
BCC,all changes directed by the BCC have been made,and the document is ready for the (NC,rs, s«� for
•
Chairman's signature. Mei
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
E
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, January 21, 2021 10:09 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL20210121 Ordinance2021 01
Attachments: CLL20210121_Ordinance2021_001.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2021-01
SENT 13Y: Collier Couvtty Clerk of the Circuit Court
Board Mivtutes & Records Departvvtevtt
23 9-252-8406
Thavtk you.
Ann Jennejohn
13MR Sevtior Deputy Clerk II
`soy:LTtYa*)a Clerk to the Value Adjustwtevtt Board
Office: 239-252-8406
Fax: 239-2s2-84o8 (if applicable)
Avwt.Jevtvtejohm@CollierClerk.cowt
Office of the Clerk of the Circuit Court
& Comptroller of Collier Couvtty
3299 Tavvtiawti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.cowt
i
17E
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, January 21, 2021 2:58 PM
To: FinnTimothy
Subject: Ordinance 2021-01
Attachments: Ordinance 2021-01.pdf
Hi Tiwt,
A copy of Ordinance 2021-01, adopted by the 13CC on
Tuesday, January 12, 2021, (Item #17E) is attached
For your records.
Thank you!
Ann Jenne,jotin
13MR Senior Deputy Clerk II
toy1fH%.T Clerk to the Value Adjustment 13oard
et, Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tavv'iami Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
i
l7E •
ORDINANCE NO. 21 - 01
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-46,
THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO
REDESIGNATE 5.11± ACRES OF LAND FROM TRACT A TO TRACT A-1;
TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE
FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1, USING
THE AFFORDABLE HOUSING DENSITY BONUS AND TO AMEND THE
MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY CONSISTS OF 39.82± ACRES AND IS LOCATED EAST OF
SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84)
IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20200000564]
WHEREAS, on September 13, 2005, the Board of County Commissioners adopted
Ordinance No. 05-46, which created the Bembridge Emergency Services Complex CFPUD and
RPUD; and
WHEREAS, Collier County, a political subdivision of the State of Florida, and
McDowell Housing Partners, LLC, represented by Jessica Harrelson, AICP of Davidson
Engineering, Inc., petitioned the Board of County Commissioners to amend the PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO PUD DOCUMENT.
The PUD Document, attached as Exhibit "A"to Ordinance No. 05-46, is hereby amended
and replaced with the PUD Document attached hereto as Exhibit"A" and incorporated herein by
reference.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
[20-CPS-02007/1587504/11116
Bembridge Page 1 of 2
PL20200000564
12/10/20
17 €
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this (pt ' day of � ,i ,.i r , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER OUNTY, FLORIDA
By: 6.k.44,11 ( �--� By:
6,1t5s Clerk � e aylor
lgnature only. Chairman
Approved as to form and legality:
1"1L4 f 1l A
Heidi F. Ashton-Cicko -,"
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document
This ordinance filed with the
1eetry of tote's Office the
day o
and acknowledg men f ;h t
fili received phis doy
By
[20-CPS-02007/1587504/1]116
Bembridge Page 2 of 2
PL20200000564
12/10/20
17E
BEMBRIDGE EMERGENCY SERVICES COMPLEX
A
COMMUNITY FACILITIES AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES
COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY BOARD OF COMMISSONERS
And
McDowell Housing Partners
601 Brickell Key Drive, Suite 700
Miami, FL 33131
PREPARED BY:
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, FL 311011
Jessica Harrelson, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC 9 13 2005
ORDINANCE NUMBER 2005 46
AMENDMENTS AND REPEAL 1998 06
EXHIBIT A
Revised September 19, 2005
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TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 5
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 7
SECTION III COMMUNITY FACILITIES AREAS PLAN 4-09
SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4-514
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LIST OF EXHIBITS
EXHIBIT A PUD MASTER PLAN
EXHIBIT A-1 TRACT A-1-RESIDENTIAL ARCHITECTURAL RENDERINGS
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STATEMENT OF COMPLIANCE
The development of approximately 39.82± acres of property in Collier County, as a Community Facilities
Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities
Planned Unit Development (Bembridge ESC CFPUD and RPUD) shall be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and
implementing land development regulations.
The Calusa Park Elementary School and auxiliary school facilities are subject to the Interlocal Agreement
adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered
consistent with the Growth Management Plan. The land uses of the CFPUD and the RPUD will be
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 within the Urban Mixed Use, Urban Residential Subdistrict Land Use
Designation and located just north of Activity Center#6 as identified on the Future Land Use Map.
Residential uses, government facilities and essential services are permitted within this
designation.
2. The subject property is located within the residential density band of Mixed Use Activity Center
Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boulevard. As such,
the subject property is eligible for 3 additional dwelling units per acre (DU/A). The projected
density of 6 16 DU/A shall be calculated using Tract A-1's total site area of 5.1-acres and is in
compliance with the FLUE of the GMP based on the following relationships to required criteria:
Base Density (Based on FLUE Density Rating System) 4.0 DU/A
Bonus Density, proximate to an Activity Center 3.0 DU/A
Affordable Housing Density Bonus 12.0 DU/A
Total Permitted Density for Tract "A-1 Residential" 7 O 16.0 DU/A
RPUD Density(calculated on undeveloped portion of Tract A only) 6.0 DU/A
16.0 DU/A x 5.1-acres=82 maximum residential units
3. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity as required in Objective 2 of the Future Land Use
Element(FLUE).
4. The project development is compatible and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the FLUE.
4:5.The project development will result in an efficient and economical extension of community
facilities and services.
5 6.All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of
the Collier County Land Development Code (LDC).
&7.The Bembridge ESC CFPUD and RPUD project is compatible with and complementary to existing
and future surround land uses and is considered to be consistent with Policy 5.4 of the FLUE.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of the Bembridge ESC CFPUD and RPUD.
1.2 LEGAL DESCRIPTION
The subject property is currently known as the Bembridge PUD, which is approximately 39.82±
acres, located in Section 4,Township 50 South, and Range 26 East, and described as follows:
The Northwest 1/4 of the Southwest 1/4 of Section 4,Township 50 South, Range 26 East, Collier
County, Florida.
Tax Folio Numbers: 00399840007, 00400246406,00400246309 and 00400248006
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East,
Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet
south of Radio Road and 1,396 feet north of Davis Boulevard.
B. The zoning classification of the subject property prior to the effective date of this approved
CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the
Board of County Commissioners in 1998(Ordinance 98-86)for residential and church use with
a nursing home. Prior to that date it was designated Agricultural.
C. Collier County Public Schools purchased 39.82± acres of the Bembridge PUD in January 2000
to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a
5.998±acre parcel and a 7±acre parcel from the School District of Collier County to build the
ESC Center and EMS Station #4-975 and water management lakes.
D. The property has received the following approvals:
1. SDP approval for EMS Station #4-975 (SDP-2003-AR-4786), May, 2004.
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1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Sub-basin. Run-off from the site is routed to the
Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at
Santa Barbara PUD,and then southerly from the Davis Boulevard swale system along County Barn
Road, around the Royal Wood Development to a canal which is tied to the Lely Canal.The current
permitted, pumped discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and run-off attenuation to pre-development rates.A water management
lake will be constructed by the Collier County Transportation Division on five acres located in the
southwest corner of this project, which will serve Santa Barbara Boulevard (6-lanes), residential
uses, EMS Station#1-975,and Calusa Park Elementary School.An existing detention lake is located
in the central area of the project on the elementary school site.
Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is
within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415.
The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by
development of the site.
1.6 PROJECT DESCRIPTION
The Bembridge ESC CFPUD and RPUD project is a multi-use project. Major uses consist of
residential uses, those related to public safety (emergency medical services), the existing Calusa
Park Elementary School and related auxiliary school facilities, and water management facilities
which will serve these facilities and Santa Barbara Boulevard.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bembridge ESC Community Facility CFPUD and
RPUD Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development,
relationships to applicable County ordinances, and the respective land uses of the tracts included
in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Bembridge ESC CFPUD and RPUD shall be in accordance
with the contents of this Document,the CFPUD and RPUD Planned Unit Development District
and other applicable sections and parts of the Collier County LDC and GMP in effect at the
time of building permit application. Where these regulations fail to provide developmental
standards,then the provisions of the most similar district in the County LDC shall apply to the
ESC Tracts"A","A-1"and "B". Tract"C",Calusa Park Elementary School and auxiliary facilities
are subject to the Interlocal Agreement between the Collier County School District and Board
of County Commissioners adopted in May 2003.
B. Unless otherwise noted,the definitions of all terms in this Document have the same meaning
as the definitions set forth in Collier County LDC.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Bembridge ESC CFPUD and RPUD shall become part of the regulations
that govern the manner in which the Bembridge ESC CFPUD and RPUD site shall be developed.
D. The provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal
Agreement (Adopted May 2003), where applicable, remain in full force and effect with
respect to the development of the land which comprises the Bembridge ESC CFPUD and
RPUD.
E. The Master Plan is illustrated graphically as Exhibit A. The location, size and configuration of
the individual water management features and development tracts shall be determined at
the time of final site development plan approval with minor adjustments at the time of final
plan approval, in accordance with Section 10.02.03 of the LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit
A, the Master Plan. There shall be Mare three land use tracts (Tracts "A", "A-1" and "C") with
necessary water management lakes, street rights-of-way,the general configuration of which
is also illustrated by Exhibit A.Tract"A" represents the future residential area and Emergency
Management Services building and related facilities. Tract "A-1" represents a future
residential area on 3.77-acres and a Master County Pump Station on 1.33-acres, for a total
Bembridge Emergency Services Complex CFPUD&RPUD
PU DA-20200000564
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1 7 E
site area of 5.1-acres. Tract "C" represents the existing Calusa Park Elementary School. An
additional development tract, Tract "B" represents the lake and lake expansion area which
wi4 provides detention for stormwater runoff for this project and the Santa Barbara
Boulevard feadimpFevements.
B. In addition to the various areas and specific items shown on Exhibit A, such easements as
necessary (utility, private, semi-public, etc.) shall be established within or along the various
tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The EMS Station#4975 shall not exceed 7,000 square feet.Ancillary uses,such as heating,cooling,
air conditioning mechanical equipment buildings and radio tower equipment areas, do not count
towards this building area allocation.The gross residential project density shall be a maximum of
&9 16.0 units per acre, based upon the total site area of Tract A-1 only,
subject to an Affordable Housing Density Bonus Agreement between the Developer and Collier
County. (16.0 DU/A x 5.1-acres= 82 maximum residential units)
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Final plans for all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the Bembridge ESC CFPUD Master
Plan,the Collier County Subdivision Code, and the platting laws of the State of Florida.
B. Exhibit A,the Master Plan, constitutes the required PUD development plan.
C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to
the development of all platted tracts, or parcels of land as provided in said Section prior to
the issuance of a building permit or other development order.
D. Appropriate instruments shall be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CFPUD and RPUD as provided in the Collier County LDC,Section
10.02.13.E.
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SECTION III
COMMUNITY FACILITIES PLAN
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas so
designated on Exhibit A, Bembridge ESC CFPUD Master Plan.
3.2 GENERAL DESCRIPTION
The CFPUD and RPUD provides for a maximum of 7,000 square feet of building area for permitted
and accessory emergency operations uses, limited to an EMS use, as well as the existing Calusa
Park Elementary School and a residential area,on 39.82±acres. Ancillary uses, such as HVAC and
radio tower equipment areas, do not count towards this building area allocation.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part,for other than the following:
A. Permitted Principal Uses and Structures:
1. Educational plants (Tract "C")
2. Emergency medical services (Tract "A")
3. Residential units that are ,
garden apartment dwellings, and multi-family dwellings limited to 616 units per acre
on Tract "A-1" only
4. Essential Services, inclusive of a Master County Pump Station (Tract "A-1")
B. Uses Accessory to Permitted Uses:
1. Accessory uses and structures customarily associated with the principal uses
including carports, garages, and utility buildings for residential uses within Tract A-1.
2. Residential and commercial uses of an accessory nature which are incidental and
customarily associated with support of a principal use.
3. Accessories for residential use such as recreational uses and facilities including
swimming pools, tennis courts, children's playground areas, tot lots, walking paths,
picnic areas, recreation buildings/clubhouses, and basketball/shuffle board courts for
residential uses within Tract A-1.
4. Temporary use of the site for public purposes in accordance with Section 10.02.06.G.
the LDC.
5. Parking facilities (Tract "A",Tract "A-1" and "C").
6. HVAC plants and other like facilities (Tract "A",Tract "A-1" and "C").
7. Major maintenance and service facilities (Tract "A",Tract "A-1" and "C")
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3.4 COMMUNITY FACILITIES DEVELOPMENT STANDARDS
A. Minimum Lot Area: None required.
B. Minimum Lot Width: None required.
C. Minimum Yards:
1. Principal and Accessory Structures
a. Perimeter of CFPUD Fifty (50) feet or%:the building height,
abutting residentially whichever is greater.
zoned property
b. Perimeter of CFPUD Twenty-five (25)feet or%the building height,
abutting non residentially whichever is greater.
zoned property.
c. Waterfront Zero (0)feet to bulkhead or rip-rap at top ec of
Bank, otherwise 20 feet.
D. Distance Between Principal Structures on the Same Parcel:
A minimum 15 feet or one-half sum of the building heights as measured by the closest
exterior building walls,whichever is greater.
E. Distance Between Accessory Structures on the Same Parcel:
A minimum of 10 feet between detached accessory structures and between accessory
structures and principal structures.
F. Maximum Building Height
1. Principal buildings shall not exceed 40 feet in height nor 3 stories, whichever is less.
2. Accessory structures shall not exceed 30 feet in height.
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3.5 TRACT A-1-RESIDENTIAL USE DEVELOPMENT STANDARDS
A. Minimum Yards:
1. Yards along Santa Barbara Boulevard: Seventy(70) Sixty-six(66)feet for one (1) and two
(2) story structures and one hundred fifty(150) feet for three story structures.
2. Yards from on-site lakes: twenty(20) feet
3. Yards for internal tracts(principal structures):
Front- 30 feet or half the building height
Side/ Rear—20 feet
4. Yards for internal tracts(accessory structures):
Front- 10 feet
Side/Rear- 5 feet
B. Minimum Floor Area (residential units):
1. One bedroom units-six hundred (600) square feet.
2. Two bedroom units-eight hundred fifty (850) square feet.
3. Three bedroom units-eleven hundred (1100) square feet.
4. Four bedroom units -one thousand three hundred fifty (1350) square feet.
C. Distance Between Principal Structures:
1. Between one (1) story structures-Ten (10) feet.
2. Between one (1) story and two (2) story structures- Fifteen (15)feet.
3. Between one (1) story and three (3) story structures -Twenty (20)feet.
4. Between two (2) story structures-Twenty(20) feet.
5. Between two (2) story and three (3) story structures-Twenty-five (25)feet.
6. Between three (3) story structures -thirty(30) feet.
7. Principal to accessory structures—ten (10) feet.
D. Maximum Building Height:
1. Principal buildings shall not exceed a zoned height of 40 feet in height or 3 stories,
whichever is less, and shall not exceed an actual height of 44 feet.
2. Accessory structures shall not exceed the height restrictions of the LDC.
3.6 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water management facilities
or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby
permitted subject to the following conditions:
A. Excavation activities shall comply with "clear and fill" application requirements pursuant to
Subsection 4.06.04.A.1.a.iii of the LDC. Off-site removal shall be limited to 10% of the total
Bembridge Emergency Services Complex CFPUD& RPUD
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volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County
Code of Laws and Ordinances.
B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply.
3.7 LANDSCAPE BUFFERS, BERMS, FENCES,AND WALLS
The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4:1
2. Ground cover berms
Perimeter 3:1
Internal to project 3:1
3. Structural walled berms-vertical
B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape
buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary
subdivision plat and site development plan submittal. Sidewalks shall meet the requirements
of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier
County Community Development and Environmental Services (CDES) for approval prior to
construction.
C. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures,
and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the
LDC.
D. A 15'Type"D" buffer shall be provided along Santa Barbara Boulevard for the portion of Tract
"A-1" that is developed with residential uses.
3.8 DESIGN GUIDELINES AND STANDARDS
The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the
planning, design and development or redevelopment of relatively large tracts of land as set forth
in Section 2.03.06. of the LDC.
3.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD.
General permitted uses are those uses which generally serve the facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03 of the LDC.
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
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5. Temporary construction and administrative offices for authorized
contractors and consultants, including necessary access ways, parking areas
and related uses.
3.10 SIGNAGE
All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for
Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and
b. of the Collier County LDC and the Interlocal Agreement of May 2003. Two entry signs for the
Calusa Park Elementary School shall be permitted, if one is a marquee sign (see 4.13.F 4.12.1).
3.11 SIDEWALKS/BIKEPATHS
A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD,
sidewalks/bikepaths shall be permitted as follows:
1. An internal sidewalk shall be permitted within drainage easements.
2. Sidewalks may be located outside platted rights-of-way when located within a separate
sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements.
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SECTION IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the Bembridge
Emergency Services Complex CFPUD.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans and all
applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the
time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject
to the requirements in Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of
May 2003. Except where specifically noted or stated otherwise, the standards and specifications
of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall
be responsible for the commitments outlined in this Document.
The developer, its successor or assignee, shall follow the Master Plan and the regulations of the
CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any successor or assignee in title to the developer, is bound by the
commitments within this Document.
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." (Section 125.022, FS)
The developer of Tract A-1-Residential shall coordinate with the Collier County School District to
determine the need and location of a pedestrian interconnect to Calusa Park Elementary School,
prior to SDP or plat approval.
Final design of Tract A-1-Residential shall closely resemble the architectural renderings attached
as Exhibit A-1.
4.3 CFPUD MASTER PLAN
A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan.Tracts and boundaries shown on the plan are conceptual and shall not be
considered final.Actual tract boundaries shall be determined at the time of site development
plan approval.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
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4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. Sunsctting. The Bembridge ESC CFPUD shall be subject to the sunset provisions of Section
10.02.13.D of the LDC, as amended.
10.02.13.F of the LDC.
A. One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring of Tract
A-1-Residential until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,
the Managing Entity is Collier County. 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 that needs to be approved for legal sufficiency by the County Attorney.
After such approval,the Managing Entity will be released of their/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 PUD
by the new owner and the new owner's agreement to comply with the Commitments through
the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under
this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
4.5 ENGINEERING
A. All project development shall be consistent with the LDC.
4.6 UTILITIES
A. Water distribution, sewage collection, and transmission systems shall be constructed
throughout the project by the developer. Potable water and sanitary sewer facilities
constructed within platted rights-of-way or within dedicated County utility easements shall
be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be
amended.
B. Upon completion of the utility facilities,the facilities shall be tested to insure they meet Collier
County utility construction requirements in effect at the time construction plans are
approved.
4.7 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to approval of the site
development plan.
B. An excavation permit shall be required for the proposed lakes in accordance with the Collier
County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of
excavation permit approval.
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4.8 ENVIRONMENTAL
A. A minimum of sixty (60)thirty (30) percent open space of the PUD's gross area of the portion
of the site that is developed for residential purposes, as described in Section 4.02.01.6.2. of
the LDC, shall be provided.
B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis
on the preserve/open space areas, shall be submitted to the Department of Environmental
Services Staff for review and approval prior to final site plan/construction plan approval.
C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP
and the Collier County LDC in effect at the time of final development order approval.
D. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource• Permit Rules and be subject to review and approval by the Environmental Services
Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
E. All approved agency (SFWMD, ACOE, FPWCC) permits shall be submitted prior to final
plan/construction plan approval.
F. The preservation requirement for Tract "A-1" shall be 15% of the existing native vegetation
on-site and can be provided off-site per LDC Section 3.05.07 H.f.iii. (0.82-acres x 15% =0.12-
acres required)
4.9 TRANSPORTATION
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
Traffic Control Devices MUTCD), current edition. All other improvements shall meet the
requirements of the Collier County LDC.
place prior to the issuance of the first certificate of occupancy (CO).
t.
D. The development shall be designed to promote the safe travel of all roadway users including
bicyclists and shall provide for the safety of pedestrians crossing said roadways. Sidewalks
shall be separated from vehicular traffic in accordance with recognized standards and safe
A. The maximum total daily trip generation for 'Tract A-1-Residential' shall not exceed 50 two-
way PM peak hour net 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."
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4.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure, except for a construction site administrative office.
4.4-211 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC
in effect at time of building permit application.
4.4-312 DEVIATIONS FROM LAND DEVELOPMENT CODE
A. Deviation withdrawn
B. Deviation withdrawn
C. Deviation withdrawn
D. Deviation withdrawn
E. Deviation withdrawn
F,1. Subsection 5.06.00 the LDC—Signs Deviation from Subsection 5.06.06.C.1 of the LDC, which
limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School
shall be permitted two entry signs with one being a marquee sign.
G. Deviation withdrawn
2. Deviation #2 seeks relief from LDC section 4.06.02 C.4., "Type D Landscape Buffer," which
requires a 20-foot Type "D" landscape buffer along rights-of-way for developments of 15
acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1-
Residential" along Santa Barbara Boulevard.
3. Deviation #3 seeks relief from LDC Section 4.06.02 C., "Landscape Buffers," which requires a
15'Type'B' buffer between multi-family residential and a community facility,to instead allow
a 7'Type 'B' buffer along the eastern property line of Tract "A-1-Residential".
4. Deviation #4 seeks relief from LDC Section 4.05.04. G., "Parking Space Requirements," which
requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and
accessory recreational facilities for multi-family projects,to instead require a total of four(4)
parking spaces for the office/clubhouse and no additional parking spaces for the accessory
recreational facilities on Tract "A-1".
5. Deviation #5 seeks relief from LDC Section 4.06.02. C.4., "Type D Landscape Buffer," which
requires a 20-foot Type'D' landscape buffer along rights-of-way for developments of 15 acres
or more, to instead allow a 10-foot wide Type 'D' buffer along Santa Barbara Boulevard and
along the Roadway Easement for Tract B.
6. Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit 'A', "Off-Street Parking Design
Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or
greater in width, to instead allow vehicular overhang into the 7' Type 'B' buffer along the
eastern boundary of Tract "A-1-Residential".
4.13 AFFORDABLE HOUSING
A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has
agreed to construct 13 rental units for residents in or below the very low income category
(50% or less of the County median income), 50 rental units for residents in the low income
category(51 to 60%of the County median income) and 19 rental units for residents in the low
to moderate income category(61 to 80%of the County median income).
Bembridge Emergency Services Complex CFPUD& RPUD
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December 9, 2020 17
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E
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
January 21, 2021
Ms. Ann Jennejohn, BMR Senior Deputy Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-02, which was filed in this office on January 21,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I P G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIPPACIAtintiYA
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If thuready complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Hilary Halford Community and Human VV. 9.2.2021
Services � ,� (�
2. Jennifer Belpedio County Attorney Office -, k
3. BCC Office Board of County Ci; 9.6 •01
Commissioners 1
4. Minutes and Records Clerk of Court's Office � )11/U.) g a'r ;at 80744.4
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Hilary Halford Phone Number 252-2670
Contact/ Department
Agenda Date Item was January 12,2021 Agenda Item Number 17.E
Approved by the BCC
Type of Document HUD Funding Approval/Agreement for Number of Original 1
Attached ESG&ESG-CV funds Documents Attached
PO number or account
number if document is 001-155930-649030
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not • olumn,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's ipial signature9 HH
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone*See Below)on an
attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be � ,� (Z
signed by the Chairman,with the exception of most letters,must be reviewed and signed CfJ� "
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the HH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's . HH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip HH
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 01.12.2021 and all changes made during n R/A is not
the meeting have been incorporated in the attached document. The County WaNi9
an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for t an option faill
Chairman's signature. this-'
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 6131910 OR 6015 PG 3381
RECORDED 9/22/2021 1:11 PM PAGES 26
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$222 50
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 ' 4i) day of YY��J�.� , 202C
by and between McDowell Housing Partners, LLC (the "Developer") and the Collier
County Board of County Commissioners (the "Commission"), collectively, the "Parties".
RECITALS:
A. The Developer is the contract purchaser of a tract of real property described
in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the
Developer's intent to construct a maximum of 82 residential units (the "Units") at a
density of 16 units per gross acre on the Property. The gross acreage of Property is 5.1
acres. The number of affordable Units constructed by Developer shall be 82,
representing 100% percent of the total number of residential Units approved in the
development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Page 1 of 26
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Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land
Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted
by the Commission and utilized by the Developer in accordance with the strict limitations
and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 61.32 bonus Units on the Property, if the Developer
agrees to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 12 units per acre requested by the Developer and the benefits conferred thereby
on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that he shall
construct 82 affordable Units which Units shall be sold or rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendices A
& B, Exhibits A, B, and C, and Appendix C, and attached hereto.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
((.59.
Page 2 of 26
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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) Eligibility and Qualification of Owner/Renter. Family income eligibility is
a three-step process: 1) submittal of an application by a prospective Owner/Renter; 2)
verification of family housing unit provided under the affordable density bonus program
prior to being qualified at the appropriate level of income (low or moderate income) in
accordance with this Section; 3) certification of eligible Owner/Renter by the Community
and Human Services Division,
The Developer shall be responsible for qualifying Owners/Renters 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 Community and Human Services Division. Qualification
by the Developer of any persons as an eligible Owner/Renter family shall be subject to
review and approval in accordance with the monitoring and enforcement program in
LDC§§ 2.06.05 and 2.06.06, respectively.
(a) Application. A potential owner/renter shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
owning/renting and occupying an affordable housing unit pursuant to the affordable
Page 3 of 26
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housing density bonus program. The Preliminary Application for affordable housing unit
shall be provided by Collier County Community and Human Services Division 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/rented whose household income has not been verified and
certified in accordance with this Agreement and LDC§2.06.05.
(c) Income Verification. The Developer shall obtain written verification from the
potential occupant (including the entire household) to verify all regular sources of income
(including the entire household). The most recent year's federal income tax return for the
potential occupants (including the entire household) may be used for the purpose of
income verification, attached to the Affordable Housing Applicant Income Verification
form, including a statement to release information, occupant verification of the return, and
a signature block with the date of application. The verification shall be valid for up to one
hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the
information may be verbally updated from the original sources for an additional 30 days,
provided it has been documented by the person preparing the original verification. After
this time, a new verification form must be completed. The Affordable Housing Applicant
Income Verification form shall be provided to the Community and Human Services
Division 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 an
affordable housing unit and Applicant Income Verification form, the Developer shall
require that an income certification form be executed by the potential occupant (including
the entire household) prior to occupancy of the affordable housing unit by the occupant.
Income certification shall assure that the potential occupant has an appropriate household
income which qualifies the potential occupant as eligible to
Page 4 of 26
17E
occupy an affordable housing unit under the affordable housing density bonus program.
The Affordable Housing Applicant Income Certification form shall be provided by the
Community and Human Services Division as shown in Appendix B, Exhibit C, is attached
to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by
the Community and Human Services Division upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Community and Human Services Division an annual progress and monitoring report
regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC §
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Community and Human Services Division. Failure to complete and submit the monitoring
report to the Community and Human Services Division 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 4 units per acre, and is therefore granted a density bonus of 12
density bonus units per acre, for a total density (total = density bonus units per acre X
Page5of26
17E
gross acreage) of 16 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees
that the Developer may construct thereon, in the aggregate a maximum number of 82 units
on the Property provided the Developer is able to secure building permit(s) from Collier
County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Community and Human Services Division or its
successor(s) covenants and agrees to prepare and make available to the Developer any
general information that it possesses regarding income limitations and restrictions which
are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC§
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided
under the affordable housing density bonus program except as specifically permitted by
the terms of this Agreement; or to knowingly
g g y give false or misleading information with
respect to any information required or requested by the Community and Human Services
Division or by any other persons pursuant to the authority which is delegated to them by
LDC § 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 bylaw.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00,
is
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.
Page 6 of 26
17E
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as
amended, at the option of the Commission, building permits or certificates of occupancy,
as applicable, may be withheld for any future planned or otherwise approved unit located
or to be located upon the Property until the entire project is in full compliance with this
Agreement and with LDC§ 2.06.00, as amended.
6. Assignment by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission , which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision, and all other
provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail, postage
prepaid, to the Parties at the following addresses:
Page7of26
17E
To the Commission: Collier County Community and Human Services
3339 E Tamiami Trail
Building H, Suite 211
Naples, Florida 34112
To the Developer: McDowell Housing Partners, LLC
601 Brickell Key Drive, Suite 700
Miami, FL 33131
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 Community and Human Services Division or its designee, shall have the authority
to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and
hold Collier County and its officers, employees, and agents harmless from and against
any and all claims, penalties, damages, losses and expenses, professional fees,
including, without limitation, reasonable attorney's fees and all costs of litigation and
judgments arising out of any claim, willful misconduct or negligent act, error or omission,
or liability of any kind made by Developer, its agents or employees, arising out of or
incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall
be binding upon the Property and against every person then having any ownership
interest at any time and from time to time until this Agreement is terminated in accordance
with Section 14 below. However, the Parties agree that if Developer transfers or conveys
the Property to another person or entity, Developer shall have no further obligation
hereunder and any person seeking to enforce the terms hereof shall
0
Page 8 of 26
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look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement constitutes
the entire Agreement between the Parties hereto and shall inure to and be binding upon
their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain and
be maintained as the required affordable housing as provided in the LDC§2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate
against any owner/renters or potential owner/renters because of said owners/renters
race, color, religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner
and shall make available any relevant information to any person who is interested in
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
d. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
e. The square footage, construction and design of the affordable, and
gap housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus, Appendix C, shall be the
OVD
Page 9 of 26
1 )E
same for market rate units and affordable units. For developments where construction
takes place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus, Appendix
C, shall be the same in both the market rate units and the affordable units in each phase.
Units in a subsequent phase may contain different amenities than units in a previous
phase so long as the amenities for market rate units and affordable units are the same
within each phase and provided that in no event may a market rate unit or affordable unit
in any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100% percent affordable housing units for this project, with
100% percent of the units in each phase consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer, renter, or lender of the particular affordable housing unit or units, which
units in the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of Collier
County that are in effect at the time of development. Subsequently adopted laws and
policies shall apply to this Agreement and to the development to the extent that they are
not in conflict with the number, type of affordable housing units and the amount of
affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Page 10 of 26
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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: BOARD OFCOUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
•
p t 8g to Chairmd PU Y L By: PENNY AYLOR, AIRPERSON
signature only:
Approved as to form legality:
'a•
Jenni er A. Belpedio, A i an County Attorney c)0-92
Page 11 of 26
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DEVELOPER:
MHP BEMBRIDGE DEVELOPER,LLC.a Florida limited
liability company
Witnesses:
i
`— „,<'— ` By: -/-
Witness
Printed Name_ 1\A1 I CA cep S W. Patrick McDowell
Chief Executive Officer
Printed mato,,,4,,"
G/ S dif Uri
STATE OF_ i'l O CA.Ct.(A.,
COUNTY OF M 1010,1 I - i>cide.
The foregoing instr ent was aAknowledged before me by means of'ysical presence or❑ online
SE—day notarization this of pp I{'.b'tber , 2024, by - Pai?C jC f i C OOl v2!.!
Such person(s) Notary Public must heck applicable box:
v
personally known to me.
❑ produced her current driver license.
❑ produced as identification.
(Notary Seal) s'
Notary Public 1 —'
" Printed Name of Notary: t_ t2AM.k
( wr WENDY I. a E2 j ft i 3 J( O
'�Y6 `; NotaryPublic State• of Florida Commission Number: () _
?�` CommissionrHH135600 I My Commission Expires: /L. tui '2_7 . ZU2�
r."' My Comm.Expires May 27,2025 1
( Bonded through National Notary Assn. 0
{
Page 12 of 26 0
17I
N89'36'57"E A
60.00' A
\I1�, — EXHIBIT
u, — — — — — Page______I
—I— of- -�- -_—
POINT OF • d In o
COMMENCEMENT oN
WEST 1/4 CORNER 0
OF SECTION 4 N89'36'57"E
I --� 343.47'
POINT OF I Z
BEGINNING 3
0
WEST LINE OF I
THE SW 1/4 I
OF SECTION 4�
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5.11 ACRES, +/— co
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s
N 0 Lil
) (_J�„, N
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eo' 20' S89'40'03"W
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SCALE IN FEET %
T / /
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LEGEND: I 0 N.
R/W = RIGHT—OF—WAY I a co
o S89'43'08"W 300.65'
I z
DESCRIPTION:
N
A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
m FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
o COMMENCE AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
2
0
COLLIER COUNTY, FLORIDA; THENCE N.89.36'57"E. 60.00 FEET TO THE EAST RIGHT OF WAY LINE OF
o SANTA BARBARA BOULEVARD; THENCE S.00'14'52"E. ALONG SAID EAST RIGHT OF WAY LINE 120.00 FEET
TO THE POINT OF BEGINNING; THENCE N.89'36'57"E. 343.47 FEET; THENCE S.00'00'12"E. 660.04 FEET;
E
'., THENCE S.89'43'08"W. 300.65 FEET; THENCE N.00'14'52"W. 81.70 FEET; THENCE 5.89'40'03"W. 40.00
,..4.,
FEET; THENCE N.00'14'52"W. 577.76 FEET TO THE POINT OF BEGINNING.
Z
IT
b CONTAINING 222,399 SQUARE FEET OR 5.11 ACRES, MORE OR LESS.
5 NOTES: CERTIFICATION:
8 1. THIS IS NOT A SURVEY.
2. BEARINGS ARE BASED ON THE WEST Barry E. Syren (For the Firm LB//642)
'' LINE OF THE SOUTHWEST QUARTER OF Professional Land Surveyor Florido Cert'ficate No. 5365
b SECTION 4, AS BEING N. 00'14'52" W.
g 3. SUBJECT TO EASEMENTS, RESERVATIONS Date Signed:
i AND RESTRICTIONS OF RECORD. Not valid without the signature and the original raised
vi seol of a Florida Licensed Surveyor and Mapper
2350 STANFORD COURT
JOHNS sej NAPLES, F39) 43DA -033 SKETCH AND DESCRIPTION
PHONE (239) 434-0312 Ott
ENGINEERING FAX (239) 434-9320 DATE PR0 ECT N0 FILE N0 SCALESHEET
E.B. (j642 & L.B. f�642 3/2007 20066278-07 18-49-26 1'0 120' 1 OF 1
Page 13 of 26
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APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE
HOUSING UNITS/MONTHLY BASE RENTS
Of the 82 units proposed, 13 will be restricted to Owner(s)/Renter(s) earning less
than 50% AMI (very low income), 50 will be restricted to tenants earning between
51% AMI to 60% AMI (low income), and the remaining 19 units will be restricted to
tenants earning between 61% AMI to 80% AMI (low to moderate income). For rent
and income levels, please see Appendix A, Exhibit C.
(1) Base residential density allowed in this development 4 units/acre.
(2) Gross acreage 5.1-acres
(3) Maximum number of affordable housing density bonus units
allowed in this development pursuant to LDC Section 2.06.00 12
units.
(4) Gross residential density of this development (including affordable
housing density bonus units) 16 units/acre.
(5) Percentage of affordable housing units pledged by the developer (as a
percent of the total number units in the development) 100%
Page 14 of 26
0
11E
APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers
pledging to construct affordable units within their development. Included in this Exhibit
B are instructions for and the tables with which to calculate the density bonus for a
particular project. Exhibit C contains the current median income and acceptable rents
for very low, low, moderate, and gap income households in Collier County.
The affordable housing density bonus rating system shall be used to determine
the amount of the affordable housing density bonuses which may be granted for a
development based on household income level , type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where applicable and
percentage of affordable housing units in the development. To use the affordable
housing density bonus rating system, Table A, below, shall be used. Table A 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 (very low, low, or moderate) of the
affordable housing unit(s) proposed in the development, as shown in Table A. Next,
determine the percent of that type of affordable housing unit(s) proposed in the
development compared to the total number of dwelling units in the development. From
this determination, Table A 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 A shall receive an affordable housing density bonus
equal the lower of the two percentages it lies between plus 1/10th of a residential
dwelling unit per gross acre for each additional percentage of affordable housing rental
units in the development. For example, a development which has 24% of its total
residential dwelling units as affordable housing units, and which has an affordable
housing density bonus rating of"four" will receive an affordable housing density bonus
(AHDB) of 4.4 residential dwelling units per gross acre for the development.
In no event shall the affordable housing density bonus exceed twelve (12)
dwelling units per gross acre.
Page 15 of 26 �'
17E
APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING
DENSITY BONUS RATING
SYSTEM
Please calculate your density bonus in the space provided below. Attach
additional pages if necessary.
Table A.Affordable Housing Density Bonus
r (Additional Available Dwelling Units Per Gross Acre)
I Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing 1,2,3
Product(%of MI) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap 1 2 3 4 5 6 7 8 n/a n/a
(>120-5_140)4.5
Moderate 2 4 5 6 7 8 9 10 11 12
(>80-5_120)4
Low(>50-5.80) 3 6 7 8 9 10 11 '. 12 12 r 12
Very-Low 550 7 8 9 10 11 12 12 12 12 12
Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no
event shall the maximum gross density exceed that which is allowed pursuant to the
GMP.
2 Developments with percentages of affordable housing units which fall in between the
percentages shown on Table A shall receive an AHDB equal to the lower of the two
percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for
each additional percentage of affordable housing units in the development.
3 Where more than one type of affordable housing unit (based on level of income shown
above) is proposed for a development , the AHDB for each type shall be calculated
separately. After the AHDB calculations for each type of affordable housing unit have
been completed, the AHDB for each type of unit shall be added to those for the other
type(s) to determine the maximum AHDB available for the development. In no event shall
the AHDB exceed 12 dwelling units per gross acre.
4 Owner-occupied only.
5 May only be used in conjunction with at least 20% at or below 120% MI.
Page 16 of 26
1 / E
APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE VERY LOW, LOW AND MODERATE
INCOME.
Pursuant Chapter 74, Section 74-402 (a)(I); Collier County Code of Laws and
Ordinances, moderate income is 61% to 80% of the median income, low income is 51
to 60% of the median income and very low income is less than 50% of the median
income.
RECOMMENDED RENTAL RATES
The Low-Income Rental Housing Tax Credit (LIHTC) rents utilized by The Florida
Housing Finance Corporation (FHFC) are calculated based on HUD's income limits. See
income levels for 2020 below, followed by the rental rates applicable to this project. To
calculate net rents, an utility allowance must be applied. The allowance is estimated
based on an energy consumption study completed by a third-party consultant and
approved by FHFC.
COLLIER COUNTY MEDIAN INCOME 2020
Percentage Income Limit by Number of Persons in Household
County(Metro) Category 1 2 3 4 5 6 7 8 9 I 10
Collier County 30Y: 17,300 19.800 22.250 26,2C'3 30,680 35,160 39,640 44.120 Refer to HUD
)Nap".es-Immokelee•Marco Island MS 50% 28,850 32,950 37,050 41,150 44,450 47,750 51,050 54.350 57,610 60,902
&0 46.100 52.700 59.303 05,850 71,150 76.400 81,700 86.950 92.176 97,443
Medan; 82,300 120% 69,240 79,080 88.920 98,760 106,680 114,600 122,520 130,440 138,264 146,165
140 , 80,780 92,260 103.740 115,220 124,460 133.703 142,940 152,180 161,308 170,526
RENTAL RATES BASED ON 30% AMI, 60%AMI and 80%AMI
1I3R 2I3R 313R
30% AMI $463 $555 $642
60% AM1 $927 $1,1 1 1 $1,284
80% AMI $1,236 $1,482 $1,712
ESTIMATED UTILITY ALLOWANCES IN COLLIER COUNTY
1 BR: $131 2BR: $146 and 3BR: $161
(-9
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APPENDIX B.EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
(DRAFT)
Date Occupancy Desired: Date of Application: Amt. Of Sec.Deposit:
YourName: Race/National Origin:Handicap: Yes_No_
Co-Tenant Name Race/National Origin:Handicap:Yes_No_
Present Address:
Street City State Zip Telephone No.
Name of Landlord How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly$_ Weekly$_ Every 2 Weeks$ Monthly$
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Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly$ Weekly$ Every 2 Weeks $ Monthly$
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF AI.I.WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAI.SECURITY
1. -- --
2.
3.
PERSONAL REFERENCES (Not Relatives
I. Name: Address: How Long Known:
2. Name: Address: How Long Known:
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A n
APPENDIX 13. EXHIBIT 13
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
(DRAFT)
Date:
Applicant's Name: Social Security Number
Co-Tenant's Name:: Social Security Number
Present Address:
Street city state Zip Telephone No.
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
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, workforce, or gap housing unit. I understand that I am not
required to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Occupai3t
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman' s Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
040
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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, WORKFORCE,OR GAP 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, WORKFORCE,OR GAP HOUSING UNIT.
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APPENDIX 13,EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
(DRAFT)
APPLICANT:
Present Employer: Job Title;
Address:
Street City State Zip
I, , hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization this
day of, 2020, by
Such person(s)Notary Public must check applicable box:
❑ are personally known to me.
❑ produced her current driver license.
❑ produced as identif►cation.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
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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
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization this
day of , 2020, by
Such person(s)Notary Public must check applicable box:
❑ are personally known to me.
❑ produced her current driver license.
❑ produced as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
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APPENDIXC
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Community and Human Services Department.
All items requested must be provided.
I. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each; Bembridge Emergency Services Complex CFPUD & RPUD
2. Has an application for rezoning been requested in conjunction with the affordable housing
density bonus process?
X Yes No
If yes, state date of application PUDA filed 6.24.2020.and if the request has been approved, state
the Ordinance number N/A
3. Gross density of the proposed development. 16 units/acre
Gross acreage of the proposed development. 5.1-acres
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? Yes x No.
If yes, please state name and location of the PUD and any other identifying information.
Bembridge Emergency Services Complex CFPUD & RPUD
5. Name of applicant: Jessica Harrelson, AICP, Davidson Engineering, Inc.
Name of land developer it-not the sameas Applicant: McDowell Housing Partners, LLC
0
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6. Please state the number of units that will be rental and owner occupied,number of affordable
housing units, and number of bedrooms the units will have.
All 82 units will be renter occupied. See detailed unit mix below:
1BR@30% AMI: 4
1 BR @ 60%AMI: 14
1BR@80% AMI: 4
2BR @ 30% AMI: 7
2BR @ 60% AMI: 29
2BR @ 80% AMI: 12
3BR @ 30% AMI: 2
3BR @ 60% AMI: 7
3BR @ 80% AMI: 3
7. Please provide a physical description of the affordable units by type of unit(very low income, low
income , moderate income,gap 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.
As shown above, the project will have 13 very low income units (50% AMI and below), 50 low
income units (51%to 60% AMI)and 19 low to moderate income units (61% to 80%AMI). The
unit size will be the following: 1 BR— 700 SF, 2BR—994 SF to 1,065 SF (corner unit) and 3BR—
1,336 SF. Units will feature solid surface countertops; plywood cabinets; ceramic and/or luxury
vinyl tile flooring; impact windows, full-size energy star appliances including range, refrigerator
microwave, and dishwasher; washer/dryer hookups in every unit; and LED lighting throughout.
Project amenities will include a clubhouse (computer lab, billiards or ping-pong table, gathering
room with media), fitness center and large heated pool.
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8. Please supply any other information which would reasonably be needed to address this request for
an affordable, workforce, and gap housing density bonus for this development. Attach additional
pages if needed.
N/A
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