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Ordinance 95-41 AMENDING ORDINANC': AN ORDINANCE 91-102, TIlE COLLI~ CO~TY ~ND D~E~PMENT CODE WHICH ESTABLISHED THE COMPR~SIVE ZONI[XG REGU~TIONS FOR THE ~INCORPO~TED AR~ OF COLLI~ COUNTY, F~RIDA, BY ~DI!~G ~E OFFICIAL ZONING AT~S ~P N~B~ 7904S BY C~NGING THE ZONING C~SSIFICATION OF ~E HEREIN DESCRIBED PROPERTY ~CATED B~EEN EUSTIS ~D DE~WARE AVENUE AND B~EEN 9TH S~EET SOU~ AND 7TH STRE~ IN I~OKALEE, IN SE~ION 4, TO~SHIP 47 SO~, ~NGE 29 ~ST, COLLIER CO~TY, F~RIDA, FROM ~F-12(8) TO ~F-16, FOR A ~XIM~ OF 120 RESXD~TIAL ~ITS AT A D~SITY CAP OF 13.33 ~ITS P~ A~E, TO BE KNOWN AS "PINE CREST"; PROVIDING FOR STAFF AND P~NING CO~ISSION STIPU~TIONS; AND BY PROVIDING AN EFFE~IVE DATE. WHEREAS, Paul T. Kane petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COMITY, FLORIDA: The Zoning Classification of the herein described real property located in Section 4, Township 47 South, Range 29 East, Collier County, Florida, is changed from RMF-12(8) to RMF-16 and the Official Zoning Atlas Map Number 7904S, as described in Ordinance 91-102, the Collier County Land Development Code, is hereby amended accordingly: Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 less road right-of-way, as recorded in Plat Book 1334, Pages 948-954, and Plat Book 1492, Pages 1384- 1396, of the Public Records of Collier County, Florida. be and the same for which the rezone is hereby approved subject to the following conditions: (i) The maximum density accorded this property shall not exceed thirteen point three (13.3) dwelling units per acre or a total of 120 dwelling units. (ii) At the time of platting or f]ilal site development plan approval, sidewalks shall be installed along all contiguous local streets. (iii) That access to this project be integrated with access to the Immokalee Apartments and that this be achieved by access points limited to Delaware Avenue, (iv) That a swimming pool be provided to serve the residents of the existing Immokalee Apartments and those of the proposed apartments, (v) That Type "D" landscape improvements be made within the Type "A" buffer width adjacent all public roads. (vi) That the requirement for an interior buffer between the two projects be eliminated in favor of physically integrating the existing and proposed rental projects, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ]R~h day of June , 1995. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~-..:..-?,,. · _ ~-.. ,.-'~ ~ BY E TT · ,..,= .... ;,×. ,.>... TTY .' ;r. '.'.' ~,~,,o , . · ATTEST:,',~;. . : .. .~ ~. . . "~-'!.' ~, ... ,. '. .-. t ·· . .. ~ ".j'.-..4, ' ' '-.if ":'.'. . · APPRdVED AS TO FORM AND LEGAL SUFFICIENCY RJE M, 3:~JDE~T ASSISTANT COUNTY ATTORNEY R-95-4 REZONE ORDINANCE/lgk/13858 RENTAL AGREE~E[rT AUTHORIZING AFFORDABLE DENSITY BONUS AND IMPOSING COVENANTS RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the 21st day of ~,hrch .., 1995, by and between PAUL T. KANE (the "Developer") and the Collier County Board of County Commissioners (the "Commission"). RECITALS: A. The Developer owns a tract of real property described as (complete legal description) Secti(m 4, TcwT. ship 47 South, Range 29 East, SW 1/4 Of the 5%4 1/4 of the SE 1/4 less road ric~t-of-w-dy; 8.82 acres Office Record Book 1334, Rages 948-954, Official Record Book 1492, pages 1384-1396; File No. 00126040009. (The "Property"). The legal and equitable owners include Paul T. Kane, Trustee; Frances A. Kane, Trustee; and FDthenberg Pries It is the Developer's intent to construct a maximum of 120 residential units (the "Units") at a density of 13,33 units per gross acre on the Property. The gross acreage of Property is 9 acre=. The number of affordable Units constructed by Developer shall be 120 , representing 100 percent of the total number of residential Units in the development. B. In order to construct the Unit~, 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, which density bonus can only be granted by the Commission in accordance with the strict limitations of said Ordinance. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 48 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units oDly as rental property. ~ENTAL NOW, THEREFORE, in consideration of the appro';al and granting of the density bonus of .5.33 units per acre requested by the Oeveloper 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 ccJenant and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated heroin by reference. 2. Developer Agreemants. The Developer hereby agrees that it shall construct 120 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and Exhibit S, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. Units at the Property' which are not an affordable Unit ("Market-Rate Units") shall be exempt from the provisions of this Agreement and may be leased or rented by the Developer on terms and conditions acceptable to the Developer in its sole discretion. Within forty-five (45) days from the date that notice is received from the Commission, the Developer shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling Units. a. The following provisions shall be applicable to the affordable Units: (1) Definitions. Any and all definitions provided by Ordinance No. 90-89, as amended, are hereby incorporated by reference. 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 - 2 - 'XASTER) RENTAL a clearly defined ceries of start~ and finishoE that are ~eparate and distinct within the development. (2) na~e Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 80 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) 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. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family income; and 3) execution of an income certification form. All three steps shall be accomplished prior to a tenant being - 3 - qualified as an eligible family to rent and occupy an affordable housing unit pursuant to the affordable housing densit7 bonus program. No person shall occupy an affordable housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and oct~pying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this ~.greement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreemenu and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of - 4 - /'E~ZTAL Income (including the ,rntire household). The :nor;t recent year'z federal income tax return for the potential occupants {!ncludi~7 the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicanz Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit D, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form shall be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a low or very low household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form sh~ll be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; - 5 - (ii) a description of the unit to be :'care,I; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement preyif;ions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documenta- tion to verify occupancy in accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designeD, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any informa- tion reasonably required to insure compliance with Ordinance No. 90-89 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 Housing and Urban Improve- ment Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to - 6 - fifty dollara (~50.0o) per day unlo,qs a written ext:en~ion no~ ~o exceed thirty (30) days t5 requested prior to expiration of sixty (60) day submission deadline. rio more than one ~uch ex~ension may be granted in a single year. The progress and monitoring report shall be in a form provided by the Housing and Urban Improvement Director. (7) Occupancy Restrictions. No Affordable Unit in any b~lilding or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 8 units per acre, and is therefore granted a density bonus of 5,33_ density bonus units per acre, for a total (total m density bonus units per acre X gross acreage) of 48 density bonus units, pursuant to Collier County Affordable Mousing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 120 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Cemmiss~on Agreement. During the term of this Agreement, the Commission acting through the Housing and Urbam Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall bo a violation of this Agreement and the Collier County Affordable Housing Density ~onus Ordinance to rent, sell or occupy, or attcmpt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give - 7 - ,,- ,, falee or misleading information with respect to any infornatlon required or requested by the lieusing and Urban Improvement Director or by any other persons pursuant to the authority which Is delegated to them by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a ~reach 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 Coda Enforcement Board Proceedings. Whenever it is datemined that there is a violation of this Agreement that shouXd be enforced before the Code Enforcement Soard, then a T~otlce of VIolation shall be issued and lent by the Housing and Urban Improvement Director by certified return-receipt requested U.S. HaiZ, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violations, shall state that said violations(s) shall be corrected within ten days of the date of the Notice of VIolation, and shall state .that if said violation(s) is/are not corrected by the specified date In the NotAce of Violatt0n, the Housing and Urban Improvement Director shall issue a citation which shall state the date time of issuance, name and' address of the person in violation, date of the violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Doard. c. Certificate of Occupancy. In the event that the Developer fails ~o maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at - 8 - the option o~ the Commis~ion, building permits or certificates e~ occupanc3~, as applicable, may be withheld for nnV future planned or otherl~i~e approved unit located or to be located upon the l~roperty until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Comminsion. The Commission may assign all or part of its obligations under this Agreement to any other Xmzblic agone), having Jurisdiction over the Ireperry provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in laterest to the Property without the express ~ritten 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. Severabilit~. If an~ section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional hi, any court of competent Jurisdiction, such port'~on shall be deemed a separate, distinct, and independent l~rovision, and all other provis~ons shall remain effective and binding on the parties. S. Notice. Any notices deskred 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: ~ousing & Urban Improvement Dept. 3050 N. ~orseshoe Dr., Suite 158 Naples, Florida 33942 To the Developer: ..Paul T. ~lne Post Office Ikx 1825 ...N~plcs, FL 33939 - 9 - Any party may change the address to which notices are to be sent by notifying the other party of cuch new address in the manner set forth above. 9. Xuthority to ~onitor. The parties hereto ackno'wledge that the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developerrs obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employeest and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitat~on, reasonable attorney's fees and all costs of lit~gation 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 upo~ 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 belo~. 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 interest for the performance of said obligations. 12. Reoor~ing. This Agreement shall be recorded at Developerss expense in the official records of collier county, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. - 10 - 14. Ter~ination. Each affordable housing unit shall be restricted to remain and be maintained as the type or 3ffordable hemsing rental unit (low or very low income) designated in accordance with this Agreement rot at least riftsen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date ~utually agreed upon by the parties and stated in ~ritingo 15. Modification. This Agreement shall be modified or amended only by the ~tritten agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, ramilia1 status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing o. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. d. The affordable housing units in the development shall be identified on all building plans submitted to the County and described in the Developer Application for Affordable Housing Density Sonus. s. The affordable 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 housing units shall be the same as market rate dwelling units in the development. All physical nmenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall - 11 - be the same for market rate uni~ and affordable unt~, FOr developments where construction takes place in more than one phase, all physical amenitieG as described in item number seven (7) of the Developer Application for Affordable I[ou~"ing Density Bonus shall be'the same in both the market rate units and the affordable units in each phase. Untt~ in a subsequent phase may contain different amenities than units in a previous phase so lon~ as the ~menities for market rata units and a~ordabla units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application, 17, .Phasing, The percentage of affordable housin~ units to which the Developer has committed for the tota~ development shal~ ba maintained in each phase and shall be constructed as part of each phase of the development on the Property, Developer commits to 100 percent affordable housing units for this project, w~th 100 percent of the units in each phase as built cons~sting of affordable units. 18. D~selesure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the .. development are designated as affordable housing units. 19. Consis~e,oy. This Agreement and authorized development shall be consistent w~th the Growth Management Plan and development regulations of Collier county that are in effect at the t~me of development. Subsequently adopted aaws and policies shall apply to this Agreement and to the development to the extent th~t they are not in conflict with the number, cy~e of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable 2rousing Density ~onus Development This Agreement is a distinct and =operate agreement from development agreements as defined by Chapter 163.3220, Fla. St~t. (1989) and as amended. - 12 - 21, ~roapplicationo Developer ha,~ executed and ~ubmlttdd to the Development Services Director the Developer A~plication for Affordable housing Dunsity Donus, a copy of which is attached to th~s Ageement as Appendix C and incorporated by reference herein. 22. Governing Law. ~l~ Agreement zhall be governed by and consteed in accordance with the laws of. the State of Florida. 23. ~rthor Assurances. ~e parties hereto shall execute and deliver, In recordable fom if neeessay, any and all do~en~s, certificates, tnst~ments, and agreements which may be reasonably re~lred in order to effectuate the int8nt of this A~eeen=. Such do~en~s shall include bu~ an~ do~ment re~ested ~ the Developer to exhibit that this A~eemen~ has temtnated In accordance with the provisions of paragraph ~4 above. IN ~ESS ~OF, the parties hereto have caused this Ageeen~ to be exerted as of the day and year first above co ssmo DR~GHT S. bR~,.A~ Ch~man Approved as to fen and ZegaZ surricien~ Assistant County Attorney ' 13 - ~'.e £o~egoing A~reement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Re;tc~ctions On Real Property ac~ledqed before me ~ /~Z ~ ~'~ . Z ~S ~ hand and official seal this ~ day of ~ emission ~lres= ' ' - 14 - t~/MBER OF AFFORDABLE HOUSING [;Ni TSIHONTHLY BASE P. ErrT,'; I[U~BEROFUNITS DASE R~IT Single Multi Single I4ulti Family Family Family Family LOW INCOME Efficiency 1 Bedroom 2 Bedroom O $561 3 Bedroom 40 $661 4 Bedroom TOTAL _ 48 VERY LOW INCO~E EffLciency X Bedroom 2 Bedroom 16 ~455 3 Bedroom 56 $536 4 Bedroom TOTAL '(1) Base residential density allowed in this development _S units/acre, /2) Gross acreage 9 , Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-S9, .. 8 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) ~ units/acre, (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. Page I of 4 ,,ppendix A, Exh~b~'- D Section 7, Ordinance r;o. 90-09, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit S are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) tO be provided, as .hewn in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s}. An affordable housing density bonus rating based on the household income level and the number of bedrooms is show~l in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/X0th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "foUr" will receive an affordable housing density bonus (AHDD) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on love1 of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table a. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table D, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 2 of 4 · Appendix A, ~xhibit D TI~D'r,E A: AFTORDADT,,E I!*OUIII?~(J DETI'OITY DO?~U*13 R,!VI'ZNG LEVEL ~UT~RI~R OF BEDROO~4~/U~fIT OF HOUSEHOLD INCOI{E EFFICID~CY 2 3 OR AN01 r40~E MODERATE (O~lqER-OCCUPIED, 0 1' 1' SINGLE-FAHILY ) LOW (OWNER-OCCUPIeD OR RENTAL 2 3 4 SINGLE-FAHILY OR HULTI- FAHILY) VERY LO~ (OWNZR OCCUPIED OR RD~TAL, SINGLE- FAMILY OR HULTI- FAMILY) 3 4 5 *FOr 0juster houstn9 developmen=s in the Urban Coastal Fringe, add I density bonus to obtain 2. , TIkBLE ~f AFFORDADLE HOUSINa DENSITY BONUS (ADDITIONAL AVRZLRDLE D~ELLZNq UNZTS..P~R GROSS AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20~ 30% 40% 1 0 0 I 2 2. 0 I 2 3 3 2, 3 4 5 · 4 3 4 5 7 5 4 5 7 S Pieass calculate your ~ens£ty bonus in the space provided bolov. Attach a~dit£onel pages if necessary. ~ ~ ~ (2) ~ -- ~ ~ ~ (3) ~ 14 ~ ~ ~ ~ (2) ~ 14 ~ ~ ~ ~ (3) ~ 15 14 at 30 ~ ~ (5) ~ts mr ~ 14 a~ 10 ~-~ ~ (3) ~U ~ ~ !S at 40 r~ ~t (8) ~u ~ ~ ~ ~ ~y ~s~ 5.33 ~ ~ ~r ~; ~ ~ (~/3) of ~ a11~ ~ ~U of s~ (16). Page 3 of 4 z.cosz sAD RS~r LI~/TLS r0R ms ~ Pursuant to the Affordable HousLnq Density riohuG Ordtn;mnce, leo. sodstate Lncome Lm 8~t to ~00t oE the ~Lan Lnc~, ~ Jnc~e Lg to 80~ o~ the ~Lan Lnc~ and fe~ 1~ Lnc~ Lg loss than 50% o[ ~Lan Lncw. ' ~:luant to the impact roe OrdLnancee, adopC~ by the ~acd o~ County ~ilsLonerl, D~e~r 16, 1992, ~e~a~e lnc~e is 611 to 80~ o~ ~Lan in~, 1~ lncs is Slt to 60t o~ the ~ian lnc~ and IN incs Is less than SOt o~ the ~n inc~. S43,000 Waplel, ~ (Collier C~nty) ~UHB;R OY ~;~B;RS IN I 2 3 4 S 6 7 8 100~ 31,300 35,800 40,200 44,700 48,300 51,900 55,400 59~000 80~ 25,050 28,600 32,200 35,750 38,600 41,500 44,350 47,200 ~t 18,780 2~,480 24,120 26, e20 28,~80 31,140 32,240 35,400 ~Ot 1S,650 17,900 20,100 22,350 24,150 25,950 27,700 29,500 ~XDgD RENTAL RATES · he Florida ~ousin~ Finance ~en~ (~) csl~la~es rents Co use ~n the Irate R~n~ Zncen~ ~an {S~ZL) and the ~Znc~ Rental R~sL~ fix Cr~Lt (LX~) pr~rms. ~ rents Given ~lw are based on ~995 data frm ~FA. Utility costs are pr~ld~ frm the C~nty's S~i~ 8 ~tal Assistance PrOram vhlch is a~lnlster~ ~ the ~lller ~nty H~s~ AJt~rLty. IKX~SZNO COSTS BASIl) OSl 30% FMfILY zNcot~: O!fl BIDROOM ~ BIDROOM T~REZ BEDR~K r~R B~R~N UNIT U~IT UNIT 100t 838 1,006 1,162 1,298 · . 80~ 671 e05 929 1,038 60t 503 603 698 779 SOl 419 503 S82 649 UTILITY M, LOWANCI 52 95 137 162 ALLCWABLZ RENT WITH UTILITIES DEDUCTED OflZ BEDR(X)M ~ BEDR(X:)N THREg DEDROOM FOUR BEDROOH UNIT UNIT UNIT UNIT 100% 786 911 1,025 1,136 80% 619 710 792 876 60% 451 508 561 617 50% 367 408 444 487 Revised 3/95 hut/1239 Page 4 of 4 APPENDIX C Developer Application For Affordable Housing Density Bonus · Appendix C Developer ApplicnLion For ,~ffordablo Hou2ing Density Donus Pursuant to tho requirements of the Collier County Affordable Housing Density Donus Ordinance rio. 90-89, section 6.4, please complete this form and submit l= with nny accompanying documenta- tion to the Development Services Director, 2000 North Horseshoe Drive, Naples, Florida 33942. A copy mutt alto be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; ~e existtat1 zcn~/~4~ - 12 as .~t~tc~ b~ 2. ~as an application ~or rezoning been requested ~n conjunction with the affordable housing density bonus? Yes X No If yes, state date of application N/A and if the request has been approved, state the Ordinance number N/A . ~. Gross density of the proposed development. I3.33 units/acre. 'Gross acreage of the proposed development. 9 acres· 4. Are affordable housing density bonus units soughs in conjunction with an application for a planned unit development (PUD)?. . Yes X No. If yes, please state name and location of the PUD and any other identifying information. N/A 5. Name of applicant Paul T. Kano Name of lamd developer if not the same as applicant Page 1 of 3 ~:, . I De,,'eto;~o: ,1%i~pTJ. c~.J. on ros: ~or~-',~lo ][oua:[nq Donu:i. ty ~onus 6. Please complete the folioring ~ablcs n~ thcy apply to the proposed development. TAaLE I Total ~umber of Units tq Development Type of ~ner Unit Rental OccuPied Xff~ciencT One Bedroom Two Bedroom 24 Three Bedroom 96 Other Bedroom _ _120 Total Number of Proposed Use for Affordable Units Densit~ Sonus Units ~n Devel~en~ Rental ~er ~ Owner ~ OcCUPied HOD~ Eff~c~en~ ' I Se~o~ 2 O~er TOTAL LOW INCO}fE Eff~ctency 1 Bedroom 2 Bedroom 8 S 3 Bedroom 40 40 Other TOTAL 48 48 Page 2 of 3 · Appendix C Developer ~pplicatton For ~ordablo llouainq Donai~ ~onu~ TAaLZ ZZ (Continued) Total }/umber of Propose~ Usa for Affordable Unit~ Density Donu~ in Development Uni~ Rental O~.rrler [2al.t,.s%l O~ner Occupied ~ccunied VERy LOWINC0r4E Eff~ciency I Bedroom 2 Bedroom 16 16 2 ~e~room 56 Other TOTAL 72 72 ?. Please provide a physical descr~ption of the affordable units by type of unit (moderate, 1or, very low income} and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); vindov treatments; a~liances provided such as washer/dryer, d~shwasher, stove, refr~gerator~ bathroom amenit~es, such as ceiling exhaust fans; and ar~ other amenit~es as applicable. Attach additional pages. 8. Please supply any other information which would reasonably be ~te~e~ to address this request for an affordable housing d~nsity bonus for this ~evelo~ment. Attach addit~onal pages. Page ~ of 3 ,., Ilfillll Appendix C Developer Application for Affordable Housing Density Bonus 7. Continued PHYSICAL DESCRIPTION OF RNECREST APARTMENTS: All apartments will be for low and very low Income fenants. · There will be 24 two bedroom apartments, approximately 650 square feet each of IMng area, renting for $455 per month. * There will be 96 three bedroom apartments, approximately 850 square feet each of IMng area, renting for $536 per month. * Each Igulldlng will have lhe required number of units for handicapped tenants. Floor covedng: vlnyI tile. WIndows will have screens and curtains. · Appliances: rangeloven and refrigerator. * Bathrooms: combination tub/shower and vent fan. · Rnecrest Aparlments will have opproxlmately three acres of open' space whlch will contain playground equipment and Iondscaplng to give the area a park like Setting. 8. Continued This development is contiguous to imrnokafee Apartments which will house the rental office and oversee the malntenance for both projects. Immokalee Apartments has never, fn Its 22 years of existence, had a vacancy whlch has not been filled Immediately. Currently, there ore 32 prospective tenants on the walling fist, which is up-dated every three [3] months. Services-Taylor Made, Inc. [S11Vrj which manages Immokafee Apartments will also manage Rnecrest Apartments. The developer has had 30 years experience In Collier County and has constructed the River Park Easl homes In Naples, a low cost FHA housing development, In addition to about t ,000 apartment unils in the area. Reose see the addltlonal material attached submitted by STM on the need for affordable housing In the Immokalee area. m ~enen~ R~ ~aco/~at~ona~ OrtqLns IrandLcap: ~oa ~o__ Street C~Cy SCats ~otd~ IT~ ~nq a~ ChUB Address: d~Otd'e ~d:eee~ Street C~Cy ~taco Zip Telephone I have tes~d~ at ~t ;resent address lees than 3 Street City State Zip TeZe~hone ft~l ~ndlofd'e Nm~ ~dreel, ~eleVhonel LLcant ;ent ~et'e Wm, ~dteel, feZephonel ~g vLth Present ~l~eff ~ob /ala~f B~tly S ~ee~ly S. Zve~ 2 ~ee~e Se~t/tr ~rl Birth date~ ~e ~l~er*e Xm~ ~dreee~ ~elephonez ~O with P~L~e ~l~ers ~ob ~ltlez chant ent ~Z~e:*l ~m, ~dteee~ ~eZe;honex ~g with Preeen~ ~l~erf ~ob Titlef filial H~tly ~. ~eeklr $ Zve~/2 Weeks S HonthIy le~r/ty ~u~etl Birth dates ~s ~p1~er*e Nm~ ~ddreee~ ~ng vtth PrevL~e ~l~ers ;oh Title~ ~07 AL~ ~ ~LL ~ APXR~ BTR~ Oa~ · AL REF~5 (Not Relattyel~ Ml Addteens MI Addreeez H~ ~ng~ 3ankz ~an Savings. Checking )el~ 3 XdditLonll Credit ReEerencoe; , City~ C/tyf, Page I of 7 ,1Lcant'e Reset SocLal ~ecurLty Humbeta Tenant'e Names SocLa~ SocurLty ~umberx melt Addteems STATE ~IP T~EPHO~IE · erelr/ma~o application ~or an apartmen~ a~ apar~mon:l. ere~ declare a~ r~eal all of q s~rcee of lnc~o. aware ~hat to leave ~ ~Lt or fa~l to re~r~ my assecs or ror~a off iL~I~ Itoake~ ~e~ teal pt~y rent, male or ~nereh~p Lea fraudulent act punLa~a~le L~. ~N~ly {ale~yLng Ln{o~tLon on thLe go~ Le cause Eor ;e{uual o{ occupancy. Bere~ cer~L{y tha~ thLe wLll be ~ ~anent reeLdance and tha~ Z have no other aefleted J~eretand that thLe Xn~o~atLon Xe for the ~r~eo oE c~cLn9 my annual /ncome lmLne ~ ;alLfLci~Lon to rent/by an a~tordable h~eln9 unL=. Z understand that re;Lred to surrender ~ ~erehlp or rights or claimed property, pensLone or A~lLaan~ Co-Tenant ~nt Yre~ency ~nt rre~ency ReceLyed O{ pay Received o~ Bo~eee $ S S S TLpe S S $ $ Znteree= %nc~e S $ $ $ T~st hnd lnc~ $ $ $ Un~l~ont $ $. S $... Wot~an*s ~pnmatLon $ S. S Welfare S $. S.,, SHim1 le~tity S S, S, I~Lll le~r/ty DlsabLILty S .... S ........ S ~ ~ lu~l~ntal lax S S $.. S F~Lly AisLelance S S. $, , ~Lld lu~ $ $ ....... S .... S Veterans Senef/~o S ._ S S... S HLd~s SensaLts $ , S S $ gnL~ WentfLit $, $ $ UnL~ PeneLon S S S $elf-t~1~ent Business, ELleLi PalLet, etc. S S .. S PtLva~o Zneurance Pens/on S S. $ , S. Please artash l/st of all other sources of income ~or oncLte household, '/~RXPXCATION NERZ RE~ESTED mY TAK~ T~E ~Or~ HOST ~a~ YEAR'S FEDE~L ~ ~R ~a ~ ~O H~ FILED A~ WZLL~PY ~ A~ADLE UNIT. ~ BE EXE~ FOR EA~ ~PA~ OF ~IE HOUSEHOLD ~[O CONTRIGUTED TO THE fOLD' ZNC6~. FAZLV~ TO REPORT ALL SOURCES OF HOUSEHO~ XNCOHE WILL ~S~T ~ZFZCATZO~ FOR TE~ ZN AFFO~ASLE ~OUSZ~G Page 2 of 7 ,% · elmfig F'--InPXoTerf Job dyesos SCreeC CLOy 5Ca~o ZLp p~lO~l. Telephone here~ authorize ~he roleaae oE Ln~o~aCLon ~e~eeCe~ on A~ZLcan~ ~ OP ~ZDA ) ) so. ~ ~Z~ ~le ackn~ledged ~tore s ~ , , , . RZ~I$ q hand and ogg~e~aX eeaX thee ,, day at Notary ~u~llG CmnLLeeLon Zx~/reef ,Zoyer VerttXoactont ,lLcant'e Oroee Anmaal Zno~ or Rate of Pays S. ~er Of Hours Worked (Weekly)f quencrof unt o{ Son. lee, TLpe. or other Coml>eneatLon ReceAvedf J Honthly Annually Supet~Leor TIOFFLO~XDA ) :~"fOFCOLF, ZZA ) T~ZFORZ~.OZNQwal ack~ovledgedbeforeme ~ ~Sl~hand and official meal this__day of , 1991. Pa~e 3 of ? ) me. qrrrOrcoM,:z:z:R ) ~ r0Jlzc~zl~ yes acknowledged be£ote me b,/, , . KZT~ZII my hand and otfLcLaZ meal this day of ..... , 1991. Notart/Publ~a CGmLmeLon Zx'FLz'ee:~, Page m 3rvLgorw Telephone ffumberf I herald/authorLie the releaae of ~nformat£on requeeted on Co--Tenant AppXJ. can~. rgOtTXZ~:ZDX ) ) ,. ~i ~GOZ~O vaB ae~ed~ed h~ore e ~ ,,, . ~Z~ll ~ ha~ a~ of~cta~ meal th~m , , day o~ ,, 1991. ~otary PublLc ~tmeton Zxptrees :~./er Vertftcattons .tcane,'m Oromm Annual Income ornate of Payf ~ ~r Of Rourl Wor~ed (Weekly) w ~en,~/of Paym,., n~ of aonumee, Tips, or other C~nmaCion necetv~ $ 1. Honthly AnnuaXXy Supervisor g Or Ir:Z)RZDA ) ) as. ~Y Or COf. T. ZZR } TRg rORZGOZNO was ac)movledged before me by . ~z'rNg~s m/hand and offLc~al meal th£m . day of __, 1991, Notary Publ£c 3eeLsaLon rx~Lreml ,ERZFICATIOH HERE REQUESTED HAY TAKE THE FOKH Of ~IE HOST RECENT YEAR'S FEDEftAL, ZNCO~ tL**rURN fOR r, ACHOCCUP,~ITI~HOIL%S FZL~~LL~~!E A~ADLE UNIT. Page S of 7 hereb,/vert~y ~ha~ eho ~edoraX income eax roeurn eu;~Xted Co-Tenant me Ls · erJe and ¢orrec~ copy o£ the re~urn £Llod b,/mo for {YQar) ) --- ~ rol~z~ozlM6 yam aakno~lmd~ed before me by ..... . t4~JJ .~, hand and o~£teLa:t seaX thte day off .,. , 1991. aLesLoft fxptree; Pago 6 o~ ? .taaa Co-feeder CertA~AcatAoa. Z ceccL~y thac the LnEormat£on pcov£ded £n the .manila/Xi~lLcatLon ~o~ A~Eotdable Housing UnL~ and £n the ^~focdablo Hogdang Applicant ,e Verification Am true and complete to the beat o~ my knowledge and eretend that A~ X furnish false or Incomplete An~orma~on on my application, £ncome LcatLon or Income certification ~orm that rio=ida lay and Collier County O=dAnance provide for a £Lae o~ up to $500.00 per vAolatAon, o~ Imprisonment up to 60 daye~ and that X ~All be =squared to vacate the affordable gnat. eretanS that chanqee Ln my Income which may a~gect my qualIIAcatAon as a tenanc eligible n a£~crdable rental gnat An that developmen~ met be reported to the party responsible xe~tAn9 mr lease. eretend that my Antsee ~met be retailed and certified each rear upon reneval o~ mY lease hat taAlgre to complete annual Income verification and Ancome cectA~AcatAon ~All Ion o~ the a~fo~dable gnat. sxMto xrforfsz rox~coz~o czx:xrzcx~xoxrrxfzxz~zs, AsxOtr~sTxo~sszro~z szc~x~o azalea. Date ~z rO~XCOXNO ~ae acknowledged beZote me by . :IT~ZsS my hand aM official seal that , day of .... , 1991. Notary elation txpLtees Data 3Frr. O~XD~ ) ) e,. OF COZYIll ) ~ FOR~GOZ~ vII ac~ledged ~T~ZSSqhand and oE~Lcial seal th~s__da~ o~ .. , 1991. Notary Public LeeLoft txpLtee, Page 7 of 7 STATE OF FLORIDA ) COUNTY OF COLLIER ) X, DWIGHT E. BROCK, Clerk of Courts in end for the Twentieth Judiclsl Ctrcult, Collier County, Florida, do hereby certify that the foregoing tsa true copy oft Ordinance No. 95-41 which wee adopted by the Board of County Commissioners on the 13th day of June, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 1995. DWIGHT E. BROCK "' "~ ' Clerk of Courts and Clerk '- F.x-offtcio to Board of County Commissioners .'-: By.'/s/Ellis Hoffman Deputy Clerk ..