Ordinance 2008-38
ORDINANCE NO. 08- 38
ORDINANCE AMENDING ORDINANCE NO. 2005-63, TO
FLECT CONSIDERATION AND APPROVAL OF AN AMENDED
ND RESTATED AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO
UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE
AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE)
IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW
INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI-
FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE
HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF
BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Patrick G. White, of Porter Wright Morris & Arthur, LLP, representing
James Fields, petitioned the Board of County Commissioners, to amend the previously approved
Affordable Housing Density Bonus Agreement to reflect a revision from 32 to 44 affordable
housing units now being designated as workforce housing instead of low or very low-income,
without changing the total number of developable units (108) or the density of such development
previously approved as part of Ordinance No. 2005-63.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF. COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
.
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SECTION ONE:
That Ordinance 2005-63 is amended and revised to reflect that development of this
project will be for qualified residents that will include a maximum of 44 affordable housing units
designated as workforce housing units. The amended and restated Affordable Housing Density
Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated
into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement
previously approved as an attachment to Ordinance No. 2005-63.
Words .!mol< Im.ugh are deleted; words underlined are added.
Page I 0[2
SECTION TWO:
All other provisions of Ordinance Number 2005-63 are unchanged by this Ordinance and
shall remain in full force and effect, specifically including all portions of the Cirrus Pointe
Residential Planned Unit Development Regulations and Supporting Master Plan, which are
unaffected by this Ordinance or its attached Exhibit "A."
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DT~,y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ?t" day of J IA~ ' 2008.
ATTEST:
DWIG~J.,g;.BROCK, CLERK
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Heidi Asliton-Cicko
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIE~~Y' FRIDA .
BY: :J<fJ1-
TOM HENNING, Chairman
nifilltdl. out1Ce f1feirw'th the
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end ocknowledgem that
fill . th day
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Words struek lIHeugh are deleted; words underlined are added.
Page 2 0[2
This space for recording
AMENDED AND RESTATED
AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AMENDED AND RESTATED AGREEMENT is made as of the ~~ay
, 2008, by and between James J. Fields (the "Developer") and
unty Board of County Commissioners (the "Commission"), collectively, the
"Parties," and replaces the prior. oriqinal Aqreement in its entiretv.
of
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of 108 residential units (the "Units") at a density of 10.89 units per
gross acre on the Property. The gross acreage of Property is 9.92 acres. The
number of affordable-workforce housing units constructed by Developer shall be
~ 44 ,representing dO fortv (40) percent of the total number of residential Units
approved in the development, or 56.4 percent of the approved bonus units.
Page 1 of 31
4/12/06 underlined text is added, strl:lel( tlusl:Igh text is deleted
E\lh,bl ~ .A
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) 9 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 78 bonus Units on the Property, if the Developer
agrees to construct affordable, workforce. and qap Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 7.89 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 Aqreements. The Developer hereby agrees that Re it shall
construct up to _~~ affordablo units, not to exceed 40 % of the approved
residential densitv as affordable-workforce housina units, which Units shall be sold in
accordance with the terms and conditions of this Agreement and as specified by the
attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and qap 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
underlined text is added, stn:le]; tJ::trBl::lgh text is deleted
Page 2 of 31
applicability of LDC 9 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eliqibilitv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable, workforce. and qap
housing density bonus program prior to being qualified at the appropriate level of
income (very low. low. mosernto workforce. or qap income) in accordance with this
Section; 3) certification of eligible Owner by the Financial Asministration and Housing
and Human Services Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable,
workforce. and qap units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to Finansial J\dministration
underlined text is added, str1:l61l tRrStlgi:J text is deleted
Page 3 of 31
aml-Housing and Human Services Department. Qualification by the Developer of any
persons as an eligible Owner family shall be subject to review and approval in
accordance with the monitoring and enforcement program in LDC SS 2.06.05 and
2.06.06, respectively.
Tho Devoloper and Commission acknowledqe and aqree that om;e thQ
develoeer has dolivorod all affordablo, workforco. and qae units contemplatod under
this I\qreemont to aperovod purshasors, the Devoloper shall no lonqer be r-eql,lir-ed to
provide eroqross and monitorina reeorts. and shall no lonqer bo liable for enforcement
action under this ^Qreoment.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a Jew., workforce income family for the purpose of
owning and occupying an affordable-workforce housing unit pursuant to the affordable:
workforce housing density bonus program. The Preliminary Application for gffordable:
workforce housing !!nit shall be provided Qy 10 Collier COl,lnty Financial Administration
aml-Housing and Human Services Department, as shown in Appendix B, Exhibit A,
attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable-workforce housing
!!nit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC S 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the affordable-workforce housing gpplicant
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.
underlined text is added, strusl: tAFEHlgh text is deleted
Page 4 of 31
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-workforce housing Applicant Income Verification form
shall be provided to the FinanEJial /\dmiFlistr-atioFl and Housing and Human Services
Department as shown in Appendix B, Exhibit B, attached to this Agreement and
incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for an
affordable-workforce 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:
workforce housing unit by the occupant. Income certification shall assure that the
potential occupant has an appropriate household income which qualifies the potential
occupant as an eligible family to occupy an affordable-workforce housing unit under the
affordable-workforce housing density bonus program. The affordable-workforce
Housing Applicant Income Certification form shall be provided by the FinanGial
l\dR'linistmtioFl and Housing and Human Services Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC S 2.06.00, may be conducted
by the Financial AdR'linistmtion and Housing and Human Services Department upon
reasonable notice.
(4) Annual Proqress and Monitorinq Reoort. The Developer shall provide the
FiFl3nGial J\dmiFlistration and Housing and Human Services Department an annual
progress and monitoring report regarding the delivery of affordable-workforce 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
underlined text is added, str~e]: thrsHgh text is deleted
Page 5 of 31
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 FinanE,ial AdmiAiE:trntien and Housing and Human
Services Department. Failure to complete and submit the monitoring report to the
FinaAcial .'\Efrninistr-ation and Housing and Human Services Department within sixty (60)
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration
of the sixty (60) day submission deadline. No more than one such extension may be
granted in a single year.
(5) Occupancv Restrictions. No affordable-workforce 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. Densitv 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 -l units per acre, and is therefore granted a density
bonus of 7.89 density bonus units per acre, for a total density (total = density bonus
units per acre X gross acreage) of ~ 10.89 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 108 units on the Property provided the Developer
is able to secure building permit(s) from Collier County.
4. Commission Aqreement. During the term of this Agreement, the
Commission acting through the Financial AdFRiniE:trnlion aAd Housing and Human
Services Department or its successor(s) covenants and agrees to prepare and make
available to the Developer any general information that it possesses regarding income
limitations and restrictions which are applicable to the affordable, workforce. or qap
Unit.
5. Violations and Enforcement
underlined text IS added, strl:lsl: thrsl:IgR text is deleted
Page 6 of 31
a. Violations. It shall be a violation of this Agreement and LDC 9
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce housing
unit provided under the affordable-workforce housing density bonus program except as
specifically permitted by the terms of this Agreement; or to knowingly give false or
misleading information with respect to any information required or requested by the
FinanGial .^.dminiEtrotion and Housing and Human Services Department or by any other
persons pursuant to the authority which is delegated to them by LDC 9 2.06.00. Collier
County or its designee shall have full power to enforce the terms of this Agreement.
The method of enforcement for a breach or violation of this Agreement shall be at the
option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69, Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinqs.
Whenever it is determined that there is a violation of this Agreement or of LDC 9
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancv. In the event that the Developer fails to
maintain the affordable-workforce units in accordance with this Agreement or LDC 9
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 9 2.06.00, as amended.
6. Assiqnment bv Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
underlined text is added, E:tntsll. thF8l:!gh text is deleted
Page 7 of 31
.
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. Severabilitv. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Finan6ial AElministratian and
Housing and Human SeNices Department
2800 North HOFseshoo Drive S~ite 110
3301 East Tamiami Trail. Buildinq H. Suite 211
Naples, Florida 341112G4
To the Developer:
James J. Fields
15544 Monterosso Lane #2
Naples, Florida 34110
With copy to:
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authoritv to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administmtian and Housing and Human SeNices Department or its
designee, shall have the authority to monitor and enforce the Developer's obligations
underlined text is added, strl:tslc thrsl:IgA text is deleted
Page 8 of 31
hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recordinq. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aqreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable, workforce. or qap housing unit shall be
restricted to remain and be maintained as the required affordable, workforce. and QaD
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.
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Page 9 of 31
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable:
workforce 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-workforce 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-workforce units.
e. The affordable-workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce. and qap 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-workforce housing Density Bonus
shall be the same for market rate units and affordable-workforce 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-Workforce Housing Density Bonus shall be the same in both the market rate
units and the affordable-workforce 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, workforce. and qaD units are the same within each
phase and provided that in no event may a market rate unit or affordable-workforce unit
in any phase contain physical amenities less than those described in the Developer
Application.
17. Phasinq. The percentage of affordable-workforce housing units to which
underlined text is added, stfl:!ek t\::ifSl:tgl=l text is deleted
Page 10 of 31
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 dO 40 percent affordable-workforce housing units for
this project, with dO 40 percent of the units in each phase consisting of affordable:
workforce units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable-workforce housing unit or units,
which units in the development are designated as affordable-workforce housing units.
19. Consistencv. 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-workforce housing units and
the amount of affordable-workforce housing density bonus approved for the
development.
20. Affordable-Workforce Housinq Densitv Bonus Development Aqreement.
This Agreement is a distinct and separate agreement from "development agreements"
as defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable-Workforce
Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C
and incorporated by reference herein.
22. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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
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Page 11 of31
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 First Amendment to
Agreement to be executed as of the day and year first above written.
ATTEST:
DWIGHT<'E:'a~O~K, 'Clerk
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BOARD OF COUNTY COMMISSIONERS
COLL~OUNT ,FLORI~A
-J~ Or
By: Tom Henning, CHAIR
Appr ed as to form and legal sufficiency:
Assistant County Attorney
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Page 12 of 31
DEVELOPER:
~~.
B:
Witnesses:
STATE OF FLORIDA )
COUNTY OF COLLIER )
.J .~ . eLct"::.
(~tv ~
By: C\ VVU ~ K.)I n h: ~rtj.if':.,
C\ l=t GVi cU-- o;~
~M.J-j UllLpaJ
The foregoing First Amendment to Agreement Authorizing Affordable, Workforce, and
Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real
~ Property was a.cJ<nowledgedo' bfi)fore me by ~ as
~ c:1\ ~\ VV1A..6 r Cl.U::.l
~n~ L'-LG who is personally known to me or has produced
as identification. ._rAi
WITNESS my hand and official seal thi~J L day 0
2008.
~LQ _ [(VYJ"w-
Notary Public
My Commission Expires:
t.D....~ RESECCAPAllATORE
ti '~MY COMMISSION' DO 417346
~. . EXPIRES: July 4, 2009
,':,. flondIdThruNolatyPtAlllclhtllwrltars
underlined text is added, stnH:l: thr13l;1gl:! text is deleted
Page 13 of 31
EXHIBIT A
LEGAL DESCRIPTION
All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO.2,
according to the plat thereof, as recorded in Plat Book I, at Page 27-A, of the Public Records of
Collier County, Florida.
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Page 14 of 31
.
APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE-WORKFORCE
HOUSING UNITS/MONTHLY BASE RENTS
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
WORKFORCE INCOME
(61-80% MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
LOW INCOME
(51 %-60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
NUMBER OF UNITS
Single Multi
Family Family
o
o
o
o
o
44
o
44
u
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Page 15 of 31
BASE RENT
Single Multi
Family Family
4 Bedroom
TOTAL 0 U
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom H
4 Bedroom
TOTAL 0 _H_
(I) Base residential density allowed in this development -l. units/acre.
(2) Gross acreage 9.92 .
(3) Maximum number of affordable-workforce housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. ..1iL units.
(4) Gross residential density of this development (including affordable-workforce housing
density bonus units) 10.89 units/acre.
(5) Percentage of affordable-workforce housing units pledged by the developer (as a
percent of the total number units in the development) W 40 %.
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Page 16 of 31
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC 9 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable-workforce units within their development. Included in this Exhibit Bare
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low,
workforce, and gap income households in Collier County.
The affordable-workforce housing density bonus rating system shall be used to determine
the amount of the affordable-workforce housing density bonuses which may be granted for a
development based on household income level, numBer ef Bearoems jler afforaable housiflg lIIlit,
type of affoniable housing uflits (owner oeelljliea er rental, single family or multi family) and
percentage of affordable. workforce. and gap housing units in the development. To use the
affordable-workforce housing density bonus rating system, Tables A aOO--B, below, shall be used.
Tables A and--B, shall be reviewed and updated if necessary on an annual basis by the Board of
County Commissioners or its designee.
First, choose the household income level (mederate, low, ef-very low, lew,workforce. or
mill) of the affordable-workforce housing unites) proposed in the development, and the type ef
afforaable housiRg units (eYIRer eeeloljliea or rental, single family er multi fllffiily, '",here
apjllieable) te be jlTBvided, as shown in Table A. TheR, referring again te Table }\, ehoose the
H\oImBer ef beareoms jlTejlOSea for the afferaable heusing linitis). :\n affenlable heusing dORGit),
bonus ratiRg Basod on the heusehold iRcemo le'ielllfld the number ef bedroems is she.....R in TallIe
A-,
:\[(or the afferdallle helising density bORloIS rating has beeR aetermined in TallIe .^., leeate it
in Table B, and determine the jler-eent of that type of affordable hOlolsing linit jlFeposed in the
develoflment eomflared tt tho tetal nlolmber of dwelliRg units iR the aevoleflmeHt. from this
determination, TallIe B will indieate the maximim&um number of residential dwelling uRits fler
gross aere that may be added to the baGe density. Next, determine the percent of that type of
affordable-workforce 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:
workforce housing density bonus (A WHDB) available to that development. Developments with
percentages of affordable-workforce housing units which fall in between the percentages shown on
Table B A shall receive an affordable-workforce housing density bonus equal the lower of the two
percentages it lies between plus IIlOth of a residential dwelling unit per gross acre for each
additional percentage of affordable-workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable:
workforce housing units, and which has an affordable housing density bonus rating of "four" will
receive an affordable-workforce housing density bonus (AWHDB) of 4.4 residential dwelling
units per gross acre for the development.
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Page 17 of 31
Where more thllll elle type ef afferdallle housillg uait (hases Oil le'iel ef illeeme llIld
aumher ef hesFlloms shev,'fl ill TallIe .^.) is pfepeses for a sevelopmeat, the affordallle housiag
senoity helllls fer each tille shall he calculates separately ia TallIe B. .'.flef the affordallle heusing
s6Bsity hOBus calelrlatioas fOf each type of afforsable he using ullit have beell completes ill Tallie
B the afforsallle hOllsing llellsity bellus fur each t)lle of unit shall be asdell to these for the ether
type(s) te determiae the maximum affordable hElusiag sensit)' bOllllS availallle for the
devslopmellt. In no event shall the affordable-workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
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Page 18 of 31
APPENDIX A, EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS RATING [prior table deleted, current table follows I
MAXIMUM ALLOW ABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% median
81-150%
Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a
(Gap)
61-80%
Workforce MI* 2 3 5 8 8 8 8 8 8 8
51-60%
Low MI 3 4 6 8 8 8 8 8 8 8
50%
Very Low or less 4 5 7 8 8 8 8 8 8 8
MI
*Owner-occupied only
**May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordable-Workforce Housing Density
Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
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Page 19 of 31
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(l); 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.
$63,300
MEDIAN INCOME 2007
Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY [prior table deleted. current table follows I
! 2 J. 1 ~ ~ 1 ~
150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
Iprior table deleted. current table follows I
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT 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
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
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Page 20 of 31
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
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Page 21 of 31
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Am!. Of Sec. Deposit:_
RacelNational Origin: Handicap: Yes _ No_
RacelNational Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
City
State
Zip
Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
Monthly $
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
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Page 22 of 31
Gross Salary: Hourly $_ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Every 2 Weeks $
Birth Date
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
I.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name:
2. Name,
Address;
Address,
How Long Known,
How Long Known,
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Page 23 of 31
APPENDIX B, EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name, ,
Social Security Number
Social Security Number
Present Address,
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
Zip
Telephone No.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable, 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.
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
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Applicant
Amount Frequency
Received of Pay
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Page 24 of 31
$
$
$
$
$
$
$-
$
$
$
$
$
$
$
$
$
$
Co-Occupant
Amount Frequency
Received of Pay
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$-
$-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Union Pension $ $ $ - $
Self-Employment Business,
Silent Partner, etc. $ $ - $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, 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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Page 25 of 31
APPENDIX B. EXHIBIT C
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
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 FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2008.
(notary seal)
My Commission Expires:
Notary Public
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Page 26 of 31
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2008.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE-WORKFORCE UNIT.
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Page 27 of 31
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE_
HOUSING DENSITY BONUS
Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanymg
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
Housing 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; RPUD-9.92
2. Has an application for rezoning been requested in conjunction with the affordable. workforce
and gap housing Density bonus?
X Yes No
If yes, state date of application 12-2-04 and if the request has been approved, state the
Ordinance number 05-63.
3. Gross density of the proposed development. 10.89 units/acre
Gross acreage of the proposed development. 9.92 acres
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (POO)? ~ Yes _No.
If yes, please state name and location of the PUD and any other identifying information.
Cirrus Pointe RPUD. located anti at the northeast comer of the intersection between Thomasson
Drive and Bavshore Drive.
5. Name of applicant James J. Fields
Name ofland developer ifnot the same as Applicant: N/A
6. Please complete the following tables as they apply to the proposed development.
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Page 28 of 31
T ABLE I
Total Number of Units in Development
Type of Owner
Unit Rental Occupied
Efficiency 0
One Bedroom 0
Two Bedroom 0
Three Bedroom 108
Other Bedroom 0
TOTAL 108
TABLE II
Number of Affordable-Workforce Housing Units
Iprior table deleted, current table follows I
Total Number of Proposed Use for
Affordable-Work- Density Bonus Units
force Units
in Development
Owner
Rental Occupied
Rental
Owner
Occupied
GAP INCOME
81-150% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
o In accordance with LDC Section 2.06.03.D. - All
owner occupied
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Page 29 of 31
WORKFORCE INCOME
61-80% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
owner
44
In accordance with LDC Section 2.06.03.D. - All
occupied
LOW INCOME
51-60% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
VERY LOW INCOME
50% OR LESS MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
---L
---L
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Page 30 of 31
44
~
---L
---L
7. Please provide a physical description of the affordable-workforce units by type of unit (meaeFate,
law, very low income. low income. workforce 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.
(See attaehea)
.^.PPENDIX D
CIRRUS POINTE POO
PHYSICAL DESCRIPTION OF .^.FFORD.^.BLE WORKFORCE HOUSING UNITS
There will be a minimum of 32 .^.fferaalJle 44 Workforce Housing Units in the Cirrus Pointe
POO. These .^.ffor-aalJle Workforce Housing Units will be comprised of.w 44 three-bedroom
(Ver)' Low IReeme (50~<' efMeaiaR IReome) ana 22 three lJeareem LeY/lneeme (60%, efMeaiaFl
IReome) Units.
All .^.fforaalJle Workforce Housing Units will be sold to owners as owner-occupied multi-family
units. Each unit will come standard with carpet and the floors, refrigerator, dishwasher, stove,
washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans.
The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage
parking will provide 2 parking stalls for each unit and will also house storage areas for each unit.
The entire community will consist of up to 108 multi-family homes and the units that are not
designated .^.fferaalJle Workforce Housing Units will be offered as moderately priced multi-
family homes. The community will have the following amenities open to the residents of Cirrus
Pointe: pool/cabana, fountains, sidewalks and gated security.
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.
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NAPLES6~72]2v.IA
Page 31 of 31
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-38
Which was adopted by the Board of County Commissioners
on the 22nd day of July, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of July, 2008.
DWIGHT E. BROCK ';.1"' '1('1<
Clerk of Courts and'Cler~'),
Ex-officio to Boarl;l;"'W" """
County Commission~s -i
\-?~:
.' .. ..:;;
Clu.u ~)~,/
By: Ann Jennejohn,
Deputy Clerk