Loading...
Ordinance 2021-13 ORDINANCE NO. 2021- 13 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] WHEREAS, on November 15, 2005, by Ordinance No. 05-63, the Board of County Commissioners created the Cirrus Pointe Residential PUD, which was subsequently amended by Ordinance No. 08-38; and WHEREAS, RHD Development General Partnership, represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the RPUD and terminate the affordable housing agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibit"A"to Ordinance No. 2005-63, as amended, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit "A" and incorporated herein by reference. [19-CPS-01948/1610169/1]161 Camden Landing RPUD\PL20190001364 1 of 2 3/3/21 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021-12 becomes effective. PASSED AND DULY ADOPTED by su er-majority vote of the Board of County Commissioners of Collier County, Florida, this15.h day of ,� lei L it , 2021. ATTEST:' BOARD F COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLI TY, FLO t. : . A _4ka! iaAIIL. By: 'CA141-8 OW.a to C VIA* uty Clerk Penny Taylor, Chairman signature only.: Approved as to form and legality: j, dt Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - RPUD Document including revised Master Plan T,"iis erdir-r,we filed with the S r�iJtcry of _`;-�,1•t,J�: �^f-fiico the Soy of and Ockrow'l Cd'ii f.'. i1 r c:cz Yt fi i•;;; recF/ th Uf .� ' A e�0a/ Deputy t_!xrk [19-CPS-01948/1610169/1]161 Camden Landing RPUD\PL20190001364 2 of 2 3/3/21 CIRRUS POINTECAMDEN LANDING RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTECAMDEN LANDING RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 4 MONTEROSSO I A NE #2 NAPLES, FLORIDA 34440 KHD Development General Partnership PO Box 110062 Naples, Florida, 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 AMENDED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN, YOVANOVICH &JOHNSONKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED March 3, 2021 DATE REVIEWED BY CCPC DATE APPROVED BY BCC , ORDINANCE NUMBER 200543 Words struel gh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 1 of 28 Revised March 3,2021 TABLE OF CONTENTS PAGE TABLE OF CONTENTS �1 LIST OF EXHIBITS AND TABLES +2 STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 35 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 57 SECTION III RESIDENTIAL AREAS PLAN 311 SECTION IV PRESERVE AREAS PLAN 4-317 SECTION V DEVELOPMENT COMMITMENTS 1-418 Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 2 of 28 Revised March 3,2021 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY MASTER PLAN NOTES EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Words deck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 3 of 28 Revised March 3,2021 STATEMENT OF �`f1MP IANCE . - .,ons: 1.The subject property's location in relation to existing or proposed community facilities, the Future Land Use Element. 3.Improvements are planned to be in compliance with applicable sections of the Collier Element. features and natural groundwater aquifer recharge areas as described in Objective 1.5 of oastal Fringe Congo-ction Boundary and the Bayshore G Base Density dwelling units/acre Traffic Congestion Area 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density - 10.89 dwelling units/acre Maximum permitted units = 9.92 acres x 11 dwelling units/acre - 109 units Requested dwelling units - 108 Words struck-thte-ugh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 4 of 28 Revised March 3,2021 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Sec ion ,n 02 07 of—thee Co!!ier County Land Development Code. Words c-t-hrourgh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 5 of 28 Revised March 3,2021 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set faith- the lee • • 1.21 LEGAL DESCRIPTION The subject property being 9.932± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1 .32 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110.KHD Development General Partnership, PO Box 110062, Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA • County), Florida. B. The entire project site currently has RMF 6 Zoning with BMUD R2 Overlay 1.5 PHYSICAL DESCRIPTION • • • is The entire site is located within FEMA Flood Zone "^�E" the site base flood elevation 8 0 feet NGVD Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 6 of 28 Revised March 3,2021 pmp Cotner County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor ere present in the mid were recently remove 1.6 PROJECT DESCRIPTION ximum of 108 residential un'}r ese ,.its ar a m„lti_family project . rovided in ses, recreational uses, and whenever feasible. 1.7 SHORT TITLE Unit Development Ordinance". Words strut gh are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 7 of 28 Revised March 3,2021 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE nces, the respective land uses of the tracts included in the project, as well as other project relationships. 2.21 GENERAL A. Regulations for development of the Cirrus PointeCamden Landing RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. definitions of forth in the Collier County nd Development Code in effect regulations, which govern the-e Teri ;ris k R�R1JD-site h developed. D. Unless modified, waived, or excepted by this RPUD, the remaining force and effect with respect to the de comprises this RPUD. Land Development Code. 2.3 DESCRIPTION OF PROJECT PL FJ-,4PJB-PROPr' .ND US€S Words struck gh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 8 of 28 Revised March 3,2021 various tracts, is illustrated-graphically by Exhibit "A PUD Master Plan and 11 „ B. Areas illustrated as lakes by Exhibit"A" shall be constructed as lakes and intermittent wet and dry ar as shall be in the same general configurations and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be . . .03 respectively, of the Collier County Land Development Code, or as otherwise permitted C. In addition to the various areas and specific items shown on Exhibit H^", Lasements as necess be established within or along the various tracts as may be necescary. Exhibit „n„ anticip ted +c be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.11 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT OF WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.42 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The A maximum of 108 127 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. Any project with a density of more than 3.0 7 G REI 4TED DR REQ IIREME Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 9 of 28 Revised March 3,2021 A. Prior to the recording of a condominium plat for all or part of the RPUD, final Collier County governmental agency to insure compliance with the RPUD B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Subsequent to or concurrent with RPUD a of the Collier County Land Development Code, and the platting laws of the State of Florida. , shall apply to the developmen-t-efa-ll development order. ownership of land-fe-r-each dwelling nd Development Code. perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may B. Temporary sales trailers and construction trailers can be placed on the site • . the I nd Development Cod 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN the Land Development Code. Words struck +gh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 10 of 28 Revised March 3,2021 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recregation amenities ich the common and open spaces. Words ''u" gh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 11 of 28 Revised March 3,2021 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The A maximum of 108 127 residential dwelling units may be constructed in the total project area equaling 30 base units and 97 units from the Bayshore/Gateway Triangle Redevelopment Overlay density bonus pool, as limited herein. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. If after seven years the bonus units have not been utilized, the bonus units shall expire and not be available unless reauthorized by the Board of Zoning Appeals. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: RESIDENTIAL: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings (for sale product only, limited to townhouses and condominiums) 2. Any other principal use,which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. B. Permitted Accessory Uses and Structures: 1. Customary aAccessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, open space or passive park, dog park screen enclosures and utility buildingsincluding earpsrts, garages, i • Words struelourgh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 12 of 28 Revised March 3,2021 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 4. Gatehouses and access control structures. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. AMENITY AREA: A. Principal Uses: 1. Community recreation facilities. Outdoor/indoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features intended to serve residents and guests. 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their quests. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or Hearing Examiner. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirru& PointeCamden Landing RPUD Subdistrict. Standards not specifically set Words stk-threugh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 13 of 28 Revised March 3,2021 forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Words struck gh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 14 of 28 Revised March 3,2021 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI FAMILY Minimum Lot Area (per unit} NA Minimum Lot Width NA Front Yard Setback (1} 15' (2) Side Yard Setback (1) ory 7.5' 2 Story 4-01 11.25' Rear Yard Setback (1} Principal Structure 20' Accessory Structure 4-0' RPUD Boundary Setback (1} 3 Story and 'I Story Homes 25' (3) Preserve Area Setback Principal Structure 25' Lake Setback (4) 20' Distance Between Structures 1 Story 4-51 2-Sto-ry 3 Story 2-2,51 40 Maximum Height: Principal Building Accessory Building parking 4 1526 Sq. Ft. Carage/Storagc Area cars and additional storage area will be provided for each unit. perpendicular parking and a 5 foot wide sidewalk are located within such front yard setback. RPUD boundary. Words strtrekc-through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 15 of 28 Revised March 3,2021 STANDARDS MULTI-FAMILY AMENITY AREA AND ACCESSORY USES THAT ARE RECREATION PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF N/A Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Maximum Height 61 feet 25 feet Zoned 71 feet 30 feet Actual Minimum Distance Between Structures *1 20 feet N/A SETBACKS (MINIMUM) *2 Side Yard 10 feet '/2 BH PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 25 feet 25 feet ACCESSORY STRUCTURE*3,4 Maximum Height Zoned 35 feet 25 feet Actual 40 feet 30 feet SETBACKS (MINIMUM) *2 Side Yard 10 Feet 10 feet PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 10 feet 10 feet BH—Building Height(zoned heightl LBT—Landscape Buffer Tract LMT—Lake Maintenance Tract *1 —The minimum distance between buildings may be reduced to 0'with a shared wall. However, the principal structures shall maintain a 20' minimum separation. *2—No structures may be located within the county drainage access and maintenance easement shown on the master plan. *3—LBTs and LMTs will be platted as separate tracts or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT,the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. *4 — Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the proiect's entrance features are permitted within the"R"and"AA"designated areas abutting the proiect's entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words amuck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 16 of 28 Revised March 3,2021 B. Off Street Parking and Loading Requirements: Parking shall be as required by Section 4-.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection-4-8 02� � of the Land Develop lent Co , shale provided on site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be , as described in Section 3.05.07 of the Land Development Code. The native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary yeas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of fence s/w cells co greeted on all of the subject parcels I andscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 17 of 28 Revised March 3,2021 B. Deviations: 1. Deviation 1: Relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi-family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 2. Deviation 2: Relief from LDC Section 4.02.01.B.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space to instead allow the RPUD to provide 54% usable open space. Words are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 18 of 28 Revised March 3,2021 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, 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. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures as allowed by Section 3.05.07.H.1.h.ii of the LDC. 4. Native preserves and wildlife sanctuaries Words k through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 19 of 28 Revised March 3,2021 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.21 GENERAL As a condition of Board approval, 30 days after the zoning appeal period closes or 30 days after the Owner prevails in an appeal if an appeal is filed, the Owner shall make a payment of $320,000 to Collier County. This payment shall satisfy the County's request that the proceeds from a prior loan provided to the prior developer for construction of affordable housing units within the project be repaid if affordable housing units are not constructed within the project. If payment is not received, then the zoning automatically reverts to its current zoning prior to adoption of this 2021 Ordinance. regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns sh II be responsible for the commitments o„tlined in this Document The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any 5.32 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 20 of 28 Revised March 3,2021 5.43 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION my regulations in effect at time permits and financing are in place. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is KHD Development General Partnership, PO Box 110062, Naples, Florida 34108. 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 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. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances-in effect at the B. Design and construction of all improvements shall be subject to compliance Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.64 WATER MANAGEMENT Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 21 of 28 Revised March 3,2021 A. If applicable, existing or proposed easements for Collier County stormwater facilities sha crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. IDA. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. B. No blasting shall be permitted. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90 10, as amended. 5.7 UTILITIES County Ordinance No. 04 31, as amended, and other applicable County r ilo and rani nation B. This to/Sewer District and iJ Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability potable water is served by the City of Naples. Even though the site contains inch force main on Thomasson Drive shall be preferred. Words struck-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 22 of 28 Revised March 3,2021 5.85 TRAFFIC Design Standards, current edition, and the Manual on Uniform Traffic Code. certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on Sequent site plan or final plat to-time, nd wi+h the Collie �e p Long angTransportation Plan. The • necessary for safe ingress and egress to this project, as determined by e-f the public prio e and availabl r +^ +h issuance ^f the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 13, as amended, and Section 10.02.07 of the Land Development Code, as amended. ublic easements shall require a right of way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01 247), as amended, and the Land Development Code, as it may be amended. Collier County xisting at the re found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, Words struck-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 23 of 28 Revised March 3,2021 H. Nothing in any development order shall vest a right of access in excess of thereof, be the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity cr atcd by the developer. Collier County shall have J. If any required turn lane improvement requires the use of existing County signal, or other traffic control device, sign or pavement marking of occupancy. L. Adjacent developments have not been designed to provide shared access accommodate the perpetual use of such access by incorporating M. The developer shall replace the temporary asphalt sidewalk along of the first certificate of occupancy. NA. The developer has provided Collier County with a right-of-way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. Prior to approval-the issuance of the site development planfirst residential or group housing building permit, the owner shall deed overconvey the area of the right-of-way easement to Collier County in fee simple free and clear of all encumbrances and at no cost to the County. tThe right-of-way easement is located at the southwest corner of the subject property to Collier County. B. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. Words truck-thrsugh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 24 of 28 Revised March 3,2021 C. The RPUD shall be limited to a maximum of 73 p.m. peak hour two-way 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. D. Prior to the issuance of the first certificate of occupancy for a residential dwelling unit, the owner shall convey to Collier County and Collier County Water-Sewer District, the lands identified on the Conceptual PUD Master Plan as potential ROW easement for Future public roadway and utility improvements. The Developer shall receive Road Impact Fee credits for the conveyance, equal to the fair market value of the property being conveyed to the County. The credit for the Road Impact Fees identified in this PUD shall run with the land identified in Section 1.1 and shall be reduced by the entire amount of the Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned as permitted by County impact fee procedures. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is applied for. The credit applies to Road Impact Fees and shall not apply to any other type of Public Facility Impact Fee. 5.Q6 PLANNING 0 0, rsu nt+„ Section .03.07E. of+h a d De elopmen B. The developer shall construct a swimming pool and cabana prior to the first GA. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. B. All buildings, lighting, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, Words struckgh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 25 of 28 Revised March 3,2021 or architecturally-designed shingles (such as Timberline). The residential buildings shall be concrete or precast concrete construction. C. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. D. The project shall be gated and fenced, and the developer will provide each building with secured vehicular and pedestrian entrances. A minimum of one space per unit shall be provided below the units in the secured parking area. E. No parking spaces shall be permitted on the north side of buildings adjacent to the northern PUD boundary. F. Outdoor security cameras shall be provided within the project. G. The pool amenity shall be completed no later than the issuance of the 55th certificate of occupancy for the residential option only. H. Any wall or fence facing Bayshore Road or Thomasson Drive shall be required to have architectural features and finish. A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years from the effective date of Ordinance 21- 1 any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. 5.-1-07 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of B. Areas that fulfill the native vegetation retention standards and criteria cd on the plat homeowners association or lik • Words Melt-through are deleted,words underlined are added. Camden Landing RPUD-PL20190001364 Page 26 of 28 Revised March 3,2021 In the event the project does not require platting, all conservation responsibility and to and preserves in all places in accordance with the State of Florida Environmental Resources Permit Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC All principal structures shall have a minimum setback of 25 feet from the J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 27 of 28 Revised March 3,2021 the property owner. A minimum of 25% of the on-site native vegetation must be retained. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres which is 1.81 acres. A minimum of 1.81 acres of preserve area is required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. 5.8 MISCELLANEOUS A. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 5.9 LANDSCAPING Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. Words struck hrough are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 28 of 28 Revised March 3,2021 1W OLOI OTOL//L/Il `)Mf1'4AMM-NYIA M115YYY V IIPIHXR 61.-VAIN\40NIMYHO\(44LL (INV/RSL-610tIA)OM NNIONVI NVIf[HIN 61-VAI1,1\ONINNYIA - I.OHA\`.1NINIy'IA\Sill\lv/(71W`)0\\ 0- } N o ZONED:RMF-6 tr,x w B RESIDENTIAL II o a R.1 AVALON ESTATE UNIT NO.1 —.am— —; -� Lu 6 s o c i (PLAT BOOK 3,PAGE 62) LL• o- J a ���1ZO�Z��-�Z\ZOt\Z�j a o. W N Z cn '16'WIDE TYPE B'LANDSC PE BUFF"`%` 7 w w m //.%//%//'. / 0 w ��1�1rrn --,1 j CO aa0 ` a' D q CV izv w `: w Z 1 pF0 Q U , e a i ti Q m � O Q - • % wQeL Qw o m 4: < IIID �1 ,,; a _*` _ ':I 4,11 11 I ;Iii Ce a m Z �Y_ "D r4 - I M g4' z \ /1i I K S. m j 2a '2 Q1 M �� m i oU f a• S • \ v ` j F Z g m W if 0 i 2 F*] G & L %aM / � �\ 1 L/ o° Gw co mm -. J /�` MI- .. w 00 qrn6 Qm - c d e� i \Z � t % • HI • C �iI J \\ Z 0 o Icy a °: 0' 'mNO "- a -a - r%s Q v /% 0 6 Cs' IF; \ \ ` OI%� W W m \ Ce M J(n a 1121 "e A W co • ` .11I\ \ �el w In N * C7 d w co Nu W dW &J \ n \.ff' o > o a /: i • o D= 0 I I I l 1 LI*P*I c\ /y Y w o coo \ /L ry — r I m • ' � :;• � � �' Z L~LI Z W w / LLI LFJ %` I O h > W Q f+ e m 2 W 3 cL P w Z Q r.= 62 u_ Q = w p Z w 0FJ 20'WIDE TYPE'D'LANDSCAPE BUFFER ! z 0 2 p co ] W -! r O C7 O ZEr) Cr W 2 W Z Z L BAYSHORE DRIVE m 0 �� L • Q (100'RIGHT OF WAY) a W L Q Ce SITE SUMMARY TOTAL SITE AREA: 9.93± ACRE DEVELOPMENT AREA: 6.71± AC. (68%) PRESERVE: 1.81± AC. (18%) UTILITY, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT: 0.41± AC. (4%) ROW EASEMENT (BOOK 1090, PAGE 1697): 0.21± AC. (2%) POTENTIAL ROW EASEMENT AND UTILITY IMPROVEMENTS 0.79± AC. (8%) MAXIMUM DWELLING UNITS: 127 (12.78 DU/AC X 9.93 ACRES) PRESERVE: REQUIRED: 1.81± ACRES (7.25± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 1.81± ACRES OPEN SPACE:L2] REQUIRED: 60% PROVIDED: 54% DEVIATIONS: 1. PARKING SPACE REQUIREMENT 2. OPEN SPACE REQUIREMENT (APPLIES TO ENTIRE PUD) ° NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. SCALE. CAMDEN LANDING RPUD n.rs. GradyMinor f' 1lt 6U Ail r 1 EXHIBIT B .toe coDE: DATALVA nU111W SVrinl;s.I+IOrIJu a 113 t 4 MASTER PLAN NOTES 2019 Civil Engineers • Land Surveyors • Planners • Landscape Architects FILE NAME: CorL of.1uth.4:800O01 i1 Crrl.of Arch.LB 00O51,01 Business IA 20000260 hp.t9[war A vsrtaw1-nw9 11Onil.a Springs.La!)717.11{.1 uuty.I;rA/v Min nr.rnm Foa Ayers.239.690.13ttU REVISED: 11/05/2020 SHEET 2 OF 2 A r \ . ) J ZONING A r^m Gf UNDEViGPEB r. BAYSHORE DRJVE AM VARIESI '"71.1. R rn 5� r J3 , n Epup j rY !�{ $ ' Ds �j1� . z fii t o Ai I'm g 1 II _' YY • g i M A 11 i 0 ; m 1. ? r l�' N ! Ir/ 12+ TA! ill 6i i I 1 r ; i=Am m o .� 1 L of l —• g 11 I Ir--' 110"ii"Ili!. t-§ iiii) ilA F� Zp N � ° - I 1)11 L ic 1 �3Ez .i2 Yip � 0 m ; I `n2 Gi ,.rint32g i ZZ m t _+ IT0 lt 1 M Ni2 \ p a 'g t z v 1 I �-'a1 v A. I o y . i I id / ) mc= omc 8 5 A A ir,5$ : I I 11 1 ..-- 4 ' :r. . z F cj'$) . I 11 ! � I! i o a C : ,, • :r '. .g I ► 1 L—=li ,4. l i 4 . . f f--4-- 1 1 j11V ill I fC '''l i ; .r.__,_ or\ICIM--r //r: 1 i 1 ii p�p ,-��'�iii 2 gC I N 2 x' n o g ? r C a EXHIBIT'A" I $o I ca zONNn ar 11,12 i li „,t, . SAYS ORE DRIVE(RAM VARIES) `N I i (4UWE9) "r itl Ail 1 I - I c==::::::.• .7-----. —,..........„...--- __—__ Y t a• PTI II �' )74 : Lac" i 46 . i il ti, m ge 1 I { l f i 1 ! i ReeoEMnAIA.K } 1 1 . { 1 i Pill ; ! ill %i 1-1 I ll 1 1 r--7 a k1 �i r f3 iI 1 t - 0 Oil I 8 c 1 i t-6 m • y D II , 1 n . _ l I I; !q j I �' f a ii m am 1.1 I � t z rNP I. N I II 4.4144 f Oa, P 1 { I "< `� O v — R J. c Z • Cli „ x 3 I ' Ir : z ;� 1, it I I _ I— r " N d I M o C 'II!rH € 7 R i r / 3 r c. . 2 il • ihi 53 1 1 Ij 's I IiJiE! p 1 I .1 {cmn ` i ,1$$ If v i I it r ., !!-- p-,75i fil , , II I y �_. _ ; it I I diF II: i , I pi 1 RESL@fTtAL AREA ..\,.._ II� I Il I .....OMB 11:.JI, I I III ''" '+� �_�_1-- f MIMI I�, _4- - yz., i III s� i.._ r+ I i I : Ili .1 14+1. 1. 0I i ; i� yj'i� cIM- � �R �� (n G� 4 .f Z I ill t L I 1 �-� ewe�1'i' ft.. ,..... This space for recording AMENDED AND RESTATE AGREEMENT AUTHCRIZING AFFORDABLE- • RKFORCE HOUSING DENSITY BCNUS AND IMPOSIN OVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AMENDED AND RESTA AG1EMENT is made as of the4-77 y Ada Y of , 2008, by and be en James J. Fields (the "Developer") and the Collier C unty Board of County Co issi ers (the "Commission"), collectively, the "Parties," and re laces the riot on al A reemet't in its entirety. N w RECITALS: •b A. The Developer ns a tract of real property desc '•ed in Exhibit "A" attached hereto and incorporate erein (The "Property") It is the Deve • •ers intent to construct a maximum of 10 residential units (the "Units") at a density . 10.89 units per gross acre on Property. The gross acreage of Property is 9. ' acres. The number of al ordable-workforce housing units constructed by Devel• per shall be 32 44 representing 30 forty (40) percent of the total number of reside'}tial Units appro d in the development or 56.4 percent of the approved bonus units. Page 1 of 31 4 12.'(Ki underlined text is added,41r4C4i4400 b text is deleted B. In order to construct the Units, the Developer must obtain a density bon front the Commission for the Property as provided for in the Collier County Affor ble Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 0 ,-41, as Land Dev lopment Code (LDC) § 2.06.00 et seq , which density bonus '=n only be granted by t Commission and utilized by the Developer in accordant• with the strict limitations and a licability of said provisions. C. The mmission is willing to grant a density bo- s to the Developer authorizing the constru .ion of 78 bonus Units on the P •perty, if the Developer agrees to construct affordable, workforce, and gap Units a- specified in this Agreement. NOW, THEREFORE, i onsideration of the a► 'royal and grant of the density bonus of 7.89 units per acre re ested by the Developer and the benefits conferred thereby on the Property, and for other food and aluabie consideration, the receipt and e* sufficiency of which are hereby acknow,'dr` d, the Developer and the Commission hereby covenant and agree as follows: .1 . !' ) 1. Recitals. The above Re itals are true and correct and are incorporated op herein by reference. ..rt.. 2. Developer Aare- ents. The Developer ereby agrees that he it shall 00 construct up to 32. 44 e _ _ - - units, not to exce. • 40 % c of the a. 'roved G"--) residential densit as a► •rdable-workforce housin• units, whi., Units shall be sold in c accordance with the erms and conditions of this Agreement an. as specified by the "' attached Append' -s A & B, Exhibits A, B. & C, and Appendix C, whic Appendices are incorporated reference herein and which constitute a part of this Agree sent. a. The following provisions shall be applicable to the affordable orkforce and Qa nits: (1) Defined terms: In the event of a conflict between terms as defined in e C 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 underltncd texi Is added. s c -Hu, 0 text is deleted Page 2 of 31 pplicability of LDC § 2.06.04 "Phasing" shall mean' (a) the phased construction - b ings or structures in separate and distinct stages as shown on a PUD master . an, subdi ' ion master plan or site development plan; or (b) in developments wher: .hased construction is not depicted on a PUD master plan, subdivision master . an or site developmen 'Ian, the construction of buildings or structures in a clean defined series of starts and fini• •es that are separate and distinct within the develo. ent. (2) Media Income. For the purposes of this Agreeme' , the median income of the area as define. sy the U.S. Department of Housing nd Urban Development (HUD) shall be the then c ent median income for the pies Metropolitan Statistical Area, established periodically by HUD and"pyblish in the Federal Register, as adjusted for family size as shown the tables att ed hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted fro time to t' e in accordance with any adjustments that are authorized by HUD or any succe agency. In the event that HUD ceases to publish an established median income a a resaid, the Parties hereto shall mutually agree to another reasonable and cr,nparable method of computing adjustments in median income. (3) Eli.ibilit and •ualification of Owner. Family income eligibility is a Co three-stepprocess: s •mittal of an application byaGTh 1) pp prospective Owner; 2) . . verification of family hoi.sing unit provided under the afford.'-le, workforce, and qap housing density borps program prior to being qualified at the .ppropriate level of rn income (very to low, moderate workforce, or qap income) in acc, dance with this Section; 3) c ification of eligible Owner by the _ • • : ••'-• . _ • _ - : Housing and Humar. Services Department 'le Developer shall be responsible for qualifying Owners by acZepting app ' ations, verifying income and obtaining income certification for all affordaule, •rkforce and •a. units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to underlined text is added, tent deleted Page 3 of 31 Housing and Human Services Department. Qualification by the Developer of a p ons as an eligible Owner family shall be subject to review and approv in accorc:ance with the monitoring and enforcement program in LOC §§ 2.06. 5 and 2.06.06, respectively. • - -- -- - _ ...-,e - ,.:,:. _- - _ (a) Application. A •otential owner shall .ply to the developer, owner, manager, or agent to qualify as low-, workforce income family for the purpose of owning and occupying an affordable- rkforce sing unit pursuant to the affordable: workforce housing density bonus progra e Preliminary Application for affordable: workforce housing unit shall be provide _y -in,an -Adm+R+stfation and--Housing and Human Services P •partment, as shown in Appendix B, Exhibit A. ox attached to this Agreement and in •rporated by refe nce herein. .ate w (b) Income Verifica '•n and Certification. affordable-workforce housing ITO unit in the development sh. be sold whose household in;ome has not been verified and certified in accorda e with this Agreement and LDC § 2. 05. c Lin (c) Incom- erification. The Developer shall obtain w en verification from ''' the potential occ •ant (including the entire household) to verify all •ular sources of income (inclu• g the entire household). The most recent year's fede income tax return for t' - potential occupants (including the entire household) may be u -d for the purpos: of income verification, attached to the affordable-workforce housing as+licant Inco• e Verification form, including a statement to release information, occu• .nt v rification 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. underlined tent is addcU, a+:44- 4-oug t text is deleted Page 4 of 31 Upon expiration of the 180 day period, the information may be verbally updated fr th original sources for an additional 30 days, provided it has been documented the person preparing the original verification. After this time, a new verification f must be completed. The affordable-workforce housing Applicant Income Veri ation form shall be pro4tded to the Housing and man Services Department as .-town in Appendix B, Exhibit B, attached to th; Agreement and incorporated by refe nce herein. (d) Income rtification Upon receipt of the Preliminary Application for an affordable-workforce hou rig unit and Applicant Inc, e Verification form, the Developer shall require that a income certification fo be executed by the potential occupant (including the entire usehold) prior o occupancy of the affordable: workforce housing unit by the occu nt. In . e certification shall assure that the potential occupant has an appropriate h• s old income which qualifies the potential occupant as an eligible family to occupy - a • dable-workforce housing unit under the affordable-workforce housing dens' ' bonus •rogram. The affordable-workforce o Housing Applicant Income Certi ation form sho'I be provided by the Financial Housing an, Human Services Depa ent as shown in Appendix B, , Exhibit C, is attached to this •greement and is incorporates reference herein. Rando nspection of files containing requires •ocumentation to verify o uo occupancy in accord ce with this Agreement and LDC § 2.06.0b may be conducted cx" by the _ • _ -• - _ - e Housing and Human Services ► -partment upon reasonable no ' e. (4 Annual Progress and Monitoring Report. The Developer shall • •vide the - • - • - -• - - - •: Housing and Human Services Department an . nual pro. ,-ss and monitoring report regarding the delivery of affordable-workforce hous '• u is throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underlined text is added,tAft+e-4-tiiteti4 text is deleted Page 5 of 31 o insure compliance with LDC § 2.06.00, or subsequent amendments thereto. T re••rt shall he filed on or before September 30 of each year and the report sh be submi - • by the Developer to the Housing an uman Services 'epartment. Failure to complete and submit the monitoring r rt to the : • . .:n--and-Housing and Human Services Department ithin sixty (60) days from the dLQ date shall result in a penalty of up to fifty dollar ($50.00) per day unless a written ext sion not to exceed thirty (30) days is reque ed prior to expiration of the sixty (60) day s ission deadline. No more than on., such extension may be granted in a single year. (5) Occupancy Res -ictions. No affordable orkforce unit in any building or structure on the Property shall be 'ccupied by the 'aeveloper, any person related to or affiliated with the Developer, or by a r:.ident m; ager 3. Density Bonus. The C. • ' sion hereby acknowledges that the Developer has met all required conditio . t. sualify for a density bonus, in addition to the base residential density of 3 its per a+1-, and is therefore granted a density c) bonus of 7.89 density bonus u ' s per acre, for otal density (total = density bonus ,� w units per acre X gross acreag_ of9 10. 9 uni ac, pursuant to LDC § 2.06.00 a� -v The Commission further - .rees that the Developer ma construct thereon, in the c-? aggregate a maximum ► mber of 108 units on the Property_provided the Developer ; is able to secure buil' ng permit(s) from Collier County. `c) 4. Co. mission Agreement. During the term of this greement, the Commission R,cting through the Housing and Human Services partment or its successor(s) covenants and agrees to prepare nd make availab to the Developer any general information that it possesses regarding come limi ions and restrictions which are applicable to the affordable, workforce, or 'ap /rntcxtadded. .: ieisd&e1cd t. 5. Violations and Enforcement lid t :s Page 6 of 31 a. Violations. It shall be a violation of this Agreement and LDC 2. .00 to sell or occupy. or attempt to sell or occupy. an affordable-workforce ho ing unit p •vided under the affordable-workforce housing density bonus program e ept as specifica permitted by the terms of this Agreement; or to knowingly •',e false or misleading i •rmation with respect to any information required or re, ested by the • : - . : _ •: Housing and Human Services Departm- t or by any other persons pursuant to e authority which is delegated to them by iC § 2.06.00. Collier County or its designee -hall have full power to enforce the -rms of this Agreement. The method of enforceme for a breach or violation of t Agreement shall be at the option of the Commission by c ' inal enforcement pur •ant to the provisions of Section 125.69. Florida Statutes, or by civi -nforcement as owed by law. b. Notice of Viola '.n for •.e Enforcement Board Proceedin.s. Whenever it is determined that there is a -iolation of this Agreement or of LDC § 2.06.00, that should be enforced before e + ••e Enforcement Board. then a Notice of Violation shall be issued and sent b the app . •riate department by certified return- 2 receipt requested U.S. Mail, or h,. d-delivery to t person or developer in violation. w 00 The Notice of Violation shall co'• ply with the requireme for such Notices. c. Certifi . e of Occu•anc . In the eve that the Developer fails to maintain the affordable orkforce units in accordance with t Agreement or LDC § o c-a 2.06.00, as amende•, at the option of the Commission, building -rmits or certificates of occupancy, a applicable, may be withheld for any future pla •ed or otherwise approved unit •cated or to be located upon the Property until the entire • oject is in full compliant: ith this Agreement and with LDC § 2.06.00, as amended. Assignment by Commission. The Commission may assign all o •art of its igations under this Agreement to any other public agency having jurisdiction • er Property provided that it gives the Developer thirty (30) days advance written notic- thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added.ur k three h text is deleted Page 7 of 31 uties, obligations, or promises under this Agreement to any successor in interest to t Pr erty without the express written consent of the Commission, which consent m. be withhe'd for any reason whatsoever. Any attempt to assign the duties, oblig. ons, or promises nder this Agreement to any successor in interest to the Propert ithout the express writt consent of the Commission as required by this Section - all be void ab initio. 7. Sever slit . If any section, phrase, sentence or po► on of this Agreement is for any reason held i alid or unconstitutional by any cou .f competent jurisdiction, such portion shall be dee d a separate, distinct, and i .ependent provision, and all other provisions shall remain a ctive and binding on t' - Parties. 8. Notice. Any notices sired or requir;. to be given under this Agreement shall be in writing and shall either , person: delivered or shall be sent by mail, postage prepaid, to the Parties at the foils i • eldZI gsses: i _ I 4 I I ' ._ c� To the Commission: Collier County Housing and Human Services Department - North-k4. 3301 East Tam,ami Trail, Building H, Suite 211 CO, Naples, Florida 34111204 To the Dev:`•per: James J. Fields o 15544 Monterosso Lan #2 Naples, Florida 34110 ~-. Witr copy to: Any Party ► :y change the address to which notices arc to be sent by tifying the other Par of such new address in the manner set forth above. •. Authority to Monitor. The Parties hereto acknowledge that the slier C•4 my Housing and Human Services Department or i •esignee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added,sr44-14fete0 text is deleted Page 8 of 31 /ereunder 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and h d Collier County and, its officers, employees, and agents harmless frJm and against a and all claims penalties, damages, losses and expenses, r,rofessional fees, includi without limitation, reasonable attorney's fees and all cots of litigation and judgments rising out of any claim, willful misconduct or ne• .•ent act, error or omission, or liability' •f any kind made by Developer, its agents •r employees, arising out of or incidental to th• •erformance of this Agreement 11. Covenants. ,e Developer agrees that all •f its obligations hereunder shall constitute covenants, res 'ctions, and conditions ich shall run with the land and shall be binding upon the Pro. -rty and again- every person then having any ownership interest at any time and f • , time to me until this Agreement is terminated in accordance with Section 14 below. • ver, the Parties agree that if Developer transfers or conveys the Property to an• e •erson or entity, Developer shall have no further obligation hereunder and any ,erson se:- ing to enforce the terms hereof shall look solely to Developer's success, in interest for t' - performance of said obligations. ao 12. Recording. This • •reement shall be reco ,ed at County's expense in the "' official records of Collier Co ty, Florida. c- 13. Entire A• -ement. The Parties hereto agre. that this Agreement a r.� constitutes the entir •greement between the Parties hereto and all inure to and be binding upon thei' espective heirs, successors, and assigns. 14. ermination. Each affordable, workforce, or clap housin• unit shall be restricted remain and be maintained as the required affordable, workforce and gap housin s provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by e tten agreement of both Parties. 16. Discrimination. underlined text is added. th rinagk test is deleted Page 9 of 31 a. The Developer agrees that neither it nor its agents sh di- riminate against any owner or potential owner because of said owners race, lor, religi• ' sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains th= .ffordable: workforce h• sing unit, it must advertise, sell, and maintain the s, e in a non- discriminatory m. ner and shall make available any relevant inform. ion to any person who is interested in . rchasing such affordable-workforce housin,. unit. c. Th. Developer agrees to be responsibl: for payment of any real estate commissions and -es for which it is liable i he purchase and sale of affordable-workforce units. Cik R ( () 7-'. e. The affordab --workforce hou• ng units shall be intermixed with, and not segregated from, the market le dwelli . units in the development. f. The square footage, c, struction and design of the affordable, workforce, and gap housing units shall •: h.. same as market rate dwelling units in the development. All physical amenities i' the dwe sg units, as described in item number cc) seven (7) of the Developer Applic. ion for affordable:-workforce housing Density Bonus .4,., w shall be the same for mar -t rate units and a rdable-workforce units. For �; developments where cons ction takes place in more t n one phase, all physical 4-1 amenities as described n item number seven (7) of the veloper Application forte 0 Affordable-Workforc: ousing Density Bonus shall be the same i oth the market rate `"' units and the aff. dable-workforce units in each phase Units in a bsequent phase may contain s' event amenities than units in a previous phase so long as e amenities for market .te units and affordable, workforce, and gap units are the same 'thin each phase PI d provided that in no event may a market rate unit or affordable-workfo unit in arty phase contain physical amenities less than those described in the Devel er Application. / 17. Phasing. The percentage of affordable-workforce housing units to which underlined text is added.stru-li-44Gu1+text is deleted Page 10 of 31 he Developer has committed for the total development shall be maintained in ea, p ose and shall be constructed as part of each phase of the development o- the Prop . Developer commits to 30 40 percent affordable-workforce housin• nits for this proje , with 30 40 percent of the units in each phase consisting o' affordable: workforce un 18. Dirt losure. The developer shall not disclose to pers. s, other than the potential buyer or : der of the particular affordable-workforce ousing unit or units, which units in the deve • •ment are designated as affordable- , •rkforce housing units. 19. Consistency. This Agreement and autho ed development shall be consistent with the Growth •nagemerit' Plan and i d development regulations of Collier County that are in effect at e time of devel' •ment. Subsequently adopted laws and policies shall apply to this Agre-a ent an. o the development to the extent that they are not in conflict with the number, a o •f affordable-workforce housing units and the amount of affordable-workforce ou 'ng density bonus approved for the development. c 20. Affordable-Workforc, Housing Density Bonus Development Agreement. 41,3 This Agreement is a distinct a► : separate agreement tt nm "development agreements" as defined by Section 163. 0, Fla. Stat., as amended. c) 21. Prea••lic. on. Developer has executed d submitted to the o .sue 0 Development Servic:- Department the Developer Application for ordable-Workforce ' Housing Density 'onus, a copy of which is attached to this Agreeme as Appendix C and incorporat„d by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accord ce with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in r ordable form if necessary, any and all documents, certificates, instruments, an / agreements which may be reasonably required in order to effectuate the intent of the underlined text is added,st-i-w-lx--t4Rxiigh text is deleted Page 11 of 31 greement. Such documents shall include but not be limited to any documer, re ested by the Developer to exhibit that this Agreement has terminated in accorc:ance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, e Parties hereto have aused this First Amendment to Agreement to be executed as of - day and year first above written. c ATTEST: .'/ / 14-- -- BOAR['. OF COUNTY COMMISSIONERS DWIGHT EA3ROCK,'Clerk r • 0 E', OUNT , FLORIDA i . :,•' . . (1 LI 0 ` , Q41,(14.____- 4t-qt1,--a . . rx__.-- CD ' Clerk By. To ,Henning, CHAIR N AttMit b t0 Clii il'al it S _ . tlqlitirs alb►. f., .ti \ oa .A Appr ed as form and legal sufficiency: A (10 Assista County Attorney underlined text is added.s4+44t=4-4144ugh test is deleted Page 12 of 31 DEVELOPER: Witr,9sses: V-- AP V\. 11' z. B : Vr i J , . J 1-te r S Witness .)A ' ' tVi-I Pri ted Name ( & u &tt, C'—b lialOQ..CCe,... By: C\ \('il I fl te, -RA li-er\ Witness QL & ied ame t_. ; VC _ 1 . 12d-AfQ c,ovt-pf-i-j) STATE OF FLORIDA COUNTY OF COLLIER )} t�1�-R C ��-14' The foregoing First Amendment to-Agree •nt Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Im' •sin• Covenants And Restrictions On Real 1 ,�( o Property was apk nowledged bef-ore ie by ;FSd. h"gets as mi c1\ (,i 4'r't�' ,. Q �t hva-r-i--,, L`�� who ;s personally kno,vn to me or has produced w 00 as identification, `'' WITNESS my hang and official seal this, di y o 4-1 2008. a Ami s liT U vim- o� Notary P "lic My Commissi Expires: x• h,.,� REBE�CA PARATORE *, •� ;_ MY COMMISSION t DD 4173/6 ', �- EXPIRES.Jiffy 4,2009 ,A t+.' Bonded'Wu e+owy gtic u . . underlined text is added,.,tru.l, 14w-tiot+0 text e.Ucleteu Page 13 of 31 EXHIBIT A LEGAL DESCRIPTION All Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, accords : to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier . ty,Florida. i,xE,R C,OLt4 I, 1 :1\""V" \ . ;1 \4 Tf1E ( 1 00 4-0 underlined • Is added,sough text is deleted Page 14 of 31 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE-WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom �� . • COL, 3 Bedroom 4 Bedroom TOTAL WORKFORCE INCOME 1 • (61-80% MI) Efficiency 0 ` ? 1 Bedroom APnr- . 2 Bedroom 0 4-1 3 Bedroom 44 .s�. c7 00 4 Bedroom 0 TOTAL 0 44 LOW INC.O. E (51(1/0-60% I) E iciency 1 Bedroom 2 Bedroom 3 Bedroom 2_ underlined text is added.s+wekh text is deleted Page 15 of 31 4 Bedroom TOTAL 0 24- VERY L 'W INCOME (50% OR ► SS MI) Effici- •cy 1 Bedroom 2 Bedroom 3 Bedroom 44 4 Bedroom --�� TOTAL 0 (1) Base residential density allow-• in this • lopment 3 units/acre. (2) Gross acreage 9.92_ . (3) Maximum number of affordable-w.ft,. .rce housing density bonus units allowed in this development pursuant.to LDC Sect-, .06.00. 78 units. (4) Gross residential density of this d, 'el•. . -nt (including affordable-workforce housing density bonus units) 10.89 u ' s/acre. o (5) Percentage of affordable-wor orce housing its pledged by the developer(as a �? percent of the total number 'nits in the develo. •. -nt) 39� . .A 00 r. lure underlined text is added,struek through text is deleted Page 16 of 31 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L'C § 2.06.03, provides for calculation of a density bonus for developer pledging to construct a ordable-workforce units within their development. Included in thi- xhibit B are instructions • and the tables with which to calculate the density bonus for a .articular project. Exhibit C con •ns the current median income and acceptable rents for .w and very low, workforce, and ga. income households in Collier County. The affordable • orkforcc housing density bonus rating system . all be used to determine the amount of the affo . .ble-workforce housing density bonuses ich may be granted for a development based on hou• -hold income leve , , , . : - . -, . . . : • _ , . . •. - - and percentage of affordable, wor'`..rce, and gap housing unit in the development. To use the affordable-workforce housing den 'ty bonus rating system, 'ables A anti-B, below, shall be used. Tables A and-B, shall be reviewed . d updated if neces • on an annual basis by the Board of County Commissioners or its designee. First, choose the household incom . -vel (: : . . : low, of-very low, lw-workforce, or gap) of the affordable-workforce housing u ( proposed in the development, and th -of .- -• , as shown inTaA -- . ... .. .. mi w CI • • - . - . Next, determine ti•'e percent of that type of 1---ii-� affordable-workforce ,susing unit(s)proposed in the development comp. ed to the total number of dwelling units . the development. From this determination, Tabl- A will indicate the maximum numbe of residential dwelling units per gross acre that may b- .dded to the base density. These •dditional residential dwelling units per gross acre are the max , um affordable: workforce ho ing density bonus (AWHDB) available to that development. Dev. opments with percentage .f affordable-workforce housing units which fall in between the percenta:-s shown on Table B : shall receive an affordable-workforce housing density bonus equal the lower ,f the two percent ages it lies between plus 1/10th of a residential dwelling unit per gross acre .r each addi ' nal percentage of affordable-workforce housing rental units in the development. For ex ple, a development which has 24"A. of its total residential dwelling units as affords. e: rkforce housing units, and which has an affordable housing density bonus rating of"four" wi receive an affordable-workforce housing density bonus (AWVHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added. e h text i.deleted Page 17 of 31 . -other men. In no event shall the affordable-workforce housing density bonus - ceed eight (8) dwelling unit ,er gross acre. L C , / / - 1 ns 1141kars- i Kd(CM'4rV ,...) . , r- , ,, , „......., ,...,,, , ..., c::. -1, , .,.../ 2;:s t' w 1 !f c'1R 'C ) t-r. 6--J underlined text is added,s[rae areugp text is deleted Page 18 of 31 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calcu e your density bonus in the space provided below. Attach a' 'itional pages if necessary. TABLE A: AFFORDABLE-WORKFORCE HOUSING DE TY BONUS RATING [prior table deleted, rrent table follows', MAXIMUM ALLOW• :LE DENSITY BONUS BY PERC* T OF DEVELOPMENT DESIGNATE ; AS AFFORDABLE-WORKF+ 'CE HOUSING Household _ R�a Product Income 10% 20' , 39"7e, 40% 50° , 60% 70% 80% 90% 100% (% median) 81-150% Gap MI* ** 1 2 3 '_. 4 5 - .6 ' 6 6 6 n/a (G p) 61-80% - Workforce MI* 2 - 3 5 8 8 8 8 8 8 8 0 51-60% 7" Low MI 3 4! 6 8 8 . 8 8 8 8 8 .a. cC) 50% c-,1 Pio Very Low or less 4 5 7 8 8 : 8 8 8 8 MI *Owner-occupied only .�aa **May only be used in -•njunction with at least 10% at or below 80% Total Maximum A .wable Density= Base Density+ Affordable-Workforce ousing Density Bonus. In no event sh. the maximum gross density allowed exceed 16 units per acre. underlined text is added.struck through text is deleted Page 19 of 31 APPENDIX A, EXHIBIT C NCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOM Pursuant hapter 74, Section 74-402 (a)(l); Collier County Code of Laws and Ordin• ces, moderate in .me is 61% to 80%of the median income, low income is 51%to 60°A •f the median inco and very low income is less than 50%of the median income. MEDIAN INCOME 2007 $63,300 Naples, MSA (Collier County) NUMBER OF ME : ERS 1N FAMILY (prior table deleted rrent table follows' 1 2 3 4 5 6 7 8 150% 73,350 83,700 4,200 104,700 113,1 '. 121,500 129,900 138,150 80% 39,100 44,650 5 t 0 55,850 60 II 64,750 69,250 73,700 60% 29,340 33,480 31,►:1 41,880 ,240 48,600 51,960 55,260 50% 24,450 27,900 31,' t s 34,900 7,700 40,500 43,300 46,050 35% 17,115 19,530 21.980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 "` ,4 18,850 20,250 21,650 23,025 RECOMM 'DED RE AL RATES The Florida Housing Finance Corpor on (FHFC)calculat rents to use in the State Apartment Incentive Loan (SAIL) and the Lo ncome Rental Housing • Credit (LIHTC)programs. The Sc-; rents given below are based on 'II data from FHFC. Utility c. .ts are provided from the County's Section 8 Rental Ass'. ance Program which is administe • by the Collier County G? Housing Authority. o HOU' NG COSTS BASED ON 30% FAMILY IN 'ME Jprior table deleted,current table follows' 0 TWO THREE FOU ' DROOM BEDROOM BEDROOM BEDRO M NIT UNIT UNIT UNIT 150% $1,961 $2,355 $2,720 $3.034 80% $1,046 $1,256 $1,451 $1,618 60°, $785 $942 $1,089 $1,215 ,% $654 $785 $907 $1,012 5% $458 $549 $635 $708 25% $327 $392 $453 $506 underlined text is added.sti-ut-It4trougi+text is deleted Page 20 of 31 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R L► ATION UNIT UNIT UNIT UNIT Naples an. oastal Collier Cou 71.00 91.00 128.00 1 -.00 lmmokalee and . t of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.0► 211.00 YOU MUST D `UCT UTILITIES TO CALCUL: E NET RENTS. �� k.R co 1 1 n /_ ' ►-I c, . 1 -:-.'; r \1E C1' -' -us cl ..P N underlined text is added,struck threegh text is deleted Page 21 of 31 APPENDIX B, EXHIBIT A P' . IMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING 4 IT Date Oc. •ancy Desired: Date of Application: Amt. Of Sec. De. .sit: Your Name. Race/National Origin: Handicap: Ye No Co-Tenant Na - Race/National Origin: Handicap: es No Present Address: treet City State Zip Telephone No. Name of Landlord How Long . is Address: Landlord's Address: Street City State Zip Tel- one No. If you have resided at your present a• •Tess less than 3 year please state previous address: Street City ate ,. Telephone No. Name of Previous Landlord ' �) � O Street City State - . Telephone No. Pc, APPLICANT: • 00 Present Employers Name - (—re ►v Address and Telephone No. G? How long with Present E oyer: Job Title Gross Salary: Hourly '. Weekly$ Every 2 Weeks$ Monthly$ "' Social Security Nu ►er Birth Date Previous Emplo rs Name Address and 'elephonc No. How Ion: ith Previous Employer Job Title CO-T' ANT: Pr- -nt Employers Name ddress and Telephone No. How long with Present Employer: Job Title underlined text is added,struck-through text is deleted Page 22 of 31 Gross Salary: Hourly$ Weekly $ Every 2 Weeks $ Monthly$ •cial Security Number Birth Date Pre ,us Employers Name Addres , d Telephone No. How long ‘'th Previous Employer Job Title NAMES OF'ALL HO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIA ECURITY 1. 2. 3. PERSONAL REFERENC (Not Relatives) l. Name: Address: How Long Known: 2. Name: Address: . How Long Known: ' Cl 1. mil, \ 1 0 r" \ C I 1 lf7Llt C▪ I 0 .iy cr., underlined text is added.struc-k-thfeugk text is deleted Page 23 of 31 APPENDIX B, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant' ame: Social Security Number Co-Tenant's e: : Social Security Number Present Address: Stre City State Zip '-lephone No. I hereby make applic: 'on for a single family unit at . I hereby declare and rev- all of my sources of income. I am aware that to leave ou omit or fail to report my assets or f. s of income from pensions, stocks, bonds, real property -nt, sale or ownership is a fr. sulent act punishable by law. Knowingly falsifying infomiatio on this form is cause for ref -al of occupancy. I hereby certify that this will be permanent reside' e,and that I have no other assisted housing. I understand that this information is for e p • .ose of computing my annual income to determine my qualification to buy an afforda. - w,grkfoic; or gap housing unit. I understand that I am not required to surxend_er my own- ' ip or rights or claimed property, pensions or capital gains, etc. vr, cm.\ A. 'cant Co-Occupant Pcs r Amount F -fluency Amount Frequency - i T Received of •' Received of Pay Wages/Salary $ $ $ $ cl Bonuses $ $ $ $ - - Tips $ $ $ $ Commissions $ $ $ Interest Income $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's C. pensation $ $ $ $ Welfare $ $ $ Food Sta •s $ $ $ Social S, unity $ $ $ $ Socia .ecurity Disability $ $ $ $ Sup' emental SSI $ $ $ $ F. ily Assistance $ $ $ $ hild Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ underlined text is added,struck-tkreagh text is deleted Page 24 of 31 Union Pension $ $ $ $ -If-Employment Business, S nt Partner, etc. $ $ $ Priv. - Insurance Pension $ $ $ TOTAL • NUAL INCOME $ $ THE VERIFI 'TION HERE REQUESTED MAY TAKE THE FORM OF THE OST RECENT YEAR'S INCO TAX RETURN FOR EACH OCCUPANT WHO HAS F D AND WILL OCCUPY THE •RDABLE, WORKFORCE,OR GAP UNIT. THE SAME MUST EXECUTED FOR EACH OCCUPANT OF T. HOUSEHOLD WHO CONTRIBUTED TO T ANNUAL HOUSEHOLD INCOME. FA P RE TO REPORT ALL SOURCES OF HOUSEHO►' INCOME WILL RESULT IN DISQUA ICATION FOR TENANCY IN AFFORDABLE, WORKF• 'CE, OR GAP HOUSING UNIT. CO • I (C \1 1 VH u \ N.f.\\ 9-01 underlined text is added, truck-through text is deleted Page 25 of 31 APPENDIX B, EXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATIO APPLI NT: Present Empi. r: Job Title: Address: Street City .te Zip I, , hereby authorize the release . information requested (Applica on this certification form. �ti R CO(J ature of Applicant STATE OF FLORIDA ) Vim/ ) ss A:- COUNTY OF COLLIER) r � ' The foregoing was acknovvte d b :C* .t TA Who is personally known to me or has produce. I - as identification. 0 Witness my hand and official sea is ayro£ ' , 2008. (notary seal) oo ritir Notary Public My Commission Expires: - iidcr lined text is added,wrack-through text is deleted Page 26 of 31 MPLOYER CERTIFICATION App ant's Gross Annual Income or Rate or Pay: $ Number •f Hours Worked(Weekly): . Frequency of Pay: Amount of : uses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ss COUNTY OF COLLIER) The foregoing was acknow d before me by 1. Who is personally known to ins or has produced as identification. Witness my hand and official Seal tht day of , 2008. V (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUE IP MAY TAKE THE eRM OF THE, MOST RECENT YEAR'S INCOME TAX RETURN FOR EA OCCUPANT WHO 'HA FILED AND WILL OCCUPY THE CA AFFORDABLE-WORKFORCE UNIT .� 4-11 0 .cam N underlined text is added, text is deleted Page 27 of 31 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFOR HOUSING DENSITY BONUS Pursuant to L ri . § 2.06.01 please complete this form and submit it w. any accompanying documentation to t - Community Development & Environmental Serv' es Division, 2800 North Horseshoe Drive, Nap • ., Flonda 34104. A copy must also be p .vided to the Collier County Housing and Human Servic: Department. All items requested must be pro •ed. \I:7 R (� 1. Please state what zoning dist is are proposed by a applicant, if any, on the property and the acreage of each; SPUD-9.92 r. Has an application for rezoning.beert q -• i> rapj&nction with the affordable,workforce f( ,,11) 1 and gap housing Density bonus?�t ( i X Yes No If yes, state date of application 12-2-I and if the equesf fias been approved, state the Ordinance number 05-63. `' �-- a 3. Gross density of the pro. •sed development: - I0.89 •its/acre Gross acreage of the ' 'posed development. 9.92 acre «cam 4, Are affordable-we force housing density bonus units sought in •injunction with an application for a pl. -d unit development (PUD)? X Yes No. If yes, please stat, ame and location of the PUD and any other identifying info 'ation. Cirrus Point.!'PUD located and the northeast comer of the intersection betwee Thvniasson Drive and .a shore Drive. 5. ame of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added,strdeie-through text is deleted Page 28 of 31 BLE I Total Number of Units in Development Type . Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL kttiR-e \ / / (7_ TABLE 11 Number of Affordable- •r s - Housing Units Jprior table dele t current table follows! Total Number of Proposed Use for Affordable-Wo r ensity Bonus Units force Units • o in Develop, ent . Owner - Owner 00 Ren Occupied _ Rental ♦ccu.ied GAP INCOME 1-0 81-150% MI - - 0 Efficiency I Bedroom 2 Bedr• 3 : -•room it her TOTAL 0 In accordance with LDC Section 2,06.03.D. —A owner occupied underlined text is added.strttck-4hreutgh text is deleted Page 29 of 31 WORKFORCE INCOME -80% MI Efficiency 1 'edroom 2 Bed om 3 Bedroo 44 44 Other TOTAL 44 In accordance with 'C Section 2.06.03.D.—All o -r occu.ied LOW INCOME l R CO j 51-60% MI Efficiency 1 Bedroom r _ 2 Bedroom %v 0 3 Bedroomco Other 4.51 TOTAL 0 0 0 VERY LOW INCOME c` 50% OR LESS MI Efficiency 1 Bedro. 2 B=-room Bedroom Other TOTAL 0 0 underlined text is added,suit-tinuuh text is deleted Page 30 of 31 . Please provide a physical description of the affordable-workforce units by type of unit (-• :• : , , very low income, low income, workforce income,gap income) and by number of .edrooms. Inc de in your description, for example, the square footage of each type of unit, dor coverings used t sughout the unit (carpeting, tile, vinyl flooring); window treatments; a• • lances provided such as w• der/dryer, dishwasher, stove, refrigerator; bathroom amenities, h as ceiling exhaust fans; and any . er amenities as applicable. Attach additional pages -. Exhibit "D" if needed. (Seetac-fed-) APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRI" ION OF AFFORDABLE WO' '4 ORCE HOUSING UNITS There will be a minimum of • 44 Wofkf• ce Housing Units in the Cirrus Pointe PUD. These—A-ffordable Workfo Housing Units ill be comprised of 4-0 44 three-bedroom Iname) Units. Ail Affordable Workforce--lousing Unit; • i ,e sold oiowners as owner-occupied multi-family units. Each unit will come standard ith carpet • •• the•floors, refrigerator, dishwasher, stove, c) washer/dryer, basic lighting/ceili _ fan package, and •.throoms will have ceiling exhaust fans. , The three-bedroom units will •ve a minimum air-condit ed area of 1526 square feet. Garage s. parking will provide 2 par g stalls for each unit and will also ouse storage areas for each unit. The entire community • ill consist of up to 108 multi-family h. • es and the units that are not cv designated • : Workforce Housing Units will be offered a moderately priced multi- *s" family homes. e community will have the following amenities open t• e residents of Cirrus Pointe: po• cabana, fountains, sidewalks and gated security. 8. Pleas: upply any other information which would reasonably be needed to address t': request for ffordable, workforce, and gap housing density bonus for this development. Attach . •ditional sages if needed. underlined text is added.sirutit-ftrieugh text is deleted �APLLS f57]L', Page 31 of 31 STATE OF FLORIDA) Cs TY OF COLLIER) I DWIGHT E. BROCK, Clerk of Courts in and for he Twentieth udicial Circuit, Collier County, Flor' :a, do hereby certi . that the foregoing is a true a • correct copy of: ORDINANCE 2008-38 Which was adopted .y the Board •f County Commissioners on the 22nd day of July, •08, d ing Regular Session. ..,W\ WITNESS my hand and the i. f cia1 Seal of the Board of „E ,F County Commissioners of C. lier • unty, Florida, this 30th O day of July, 2008 . s cc. DWIGHT E. B- 'CK o: , 4,r. G� Clerk of Cour aM ClerV, . a Ex-officio to : �arkVaf. County CommissiQ - s '-r' • .. By: Ann Jennejohn, Deputy Clerk FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 16, 2021 Ms. Teresa L. Cannon, BMR Senior 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. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-13, which was filed in this office on March 16, 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