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Ordinance 94-21 ORDINANCE ~IO. 94- 21 AN ORDINANCE AMENDING ORDINANCE ~UT4BER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ~EA OF COLLIER COUNTY, F~RIDA BY ~ENDING THE OFFICIAL ZONING AT~S ~P N~BER 0606N; BY CHANGING THE ZONING C~SSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM '~A" AND "MH" TO "PUD" P~NED ~IT D~ELOPMENT KNOWN AS SAXON ~NOR ISLES PUD FOR A MULTI-F~ILY AFFORDABLE HOUSING RENTAL PROJECT COMPRISED OF A ~XIM~ OF 250 UNITS FOR PROPERTY ~CATED ON THE SOUTH SIDE OF ~DIO ROAD (C.R. 856), APPROXI~TELY ONE MILE WEST OF SANTA BARBA~ BOUL~ARD, IN SEnIOr[ 6, TOWNSHIP 50 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, D E I E W~EREAS, Dave Rynders, Attorney, representing Suncoast Corp., petitioned the Board of County Commissioners to change the zoning classifications of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classifications of the herein described real property located in Section 6, Township 50 South, Range 26 East, Collier County, Florida, are changed from "A" and "MH" to "PUD" Planned Unit Development in accordance with the Saxon Manor Isles PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0606N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. 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. -1- PASSED AND DULY ADOPTED by the Bcard of County Commissioners of Collier County, Florida, this 5th day of April , 1994. BOARD OC~OUN~ COMMISSI NERS° COLL COUNTY, FL~M.~ _ ,.~D LEGAL SUFFICIENCY ~i E M · ASSISTANT CO~TY A~O~EY PUD-93-4 ORDINANCE ~ll ~e f;red w;tB ~e -2- SAXON MANOR ISLES A PLANNED UNIT DEVELOPMENT PREPARED FOR: JACK BACHMANN, PRESIDENT SUNCOAST CORP. 12302 MATTHEWS LANE ST. LOUIS, MISSOURI 63127 PREPARED BY: DAVID W. RYNDERS, ATTORNEY 305 WEDGE DRIVE NAPLES, FLORIDA 33940 and BUTLER ENGINEERING, INC. 1645 COLONIAL BOULEVARD FORT MYERS, FLORIDA 33907 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE RE-REVISED DATE APPROVED BY BCC Ape:L]. 5, ].994 ORDINANCE NUMBER~ Exhi. bj.r. "A" SAXON MANOR ISLES PUD T__ABLE OF CONTENTS PAG~ TABLE OF CONTENTS LIST OF EXHIBITS SECTION I STATEMENT OF COMPLIANCE SECTION 11 PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION III PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION IV MEDIUM DENSITY {LOW RISE) RESIDENTIAL GUIDELINES 9 SECTION V DEVELOPMENT COMMITMENTS I LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN EXHIBIT B LOCATION MAP EXHIBIT C BOUNDARY SURVEY EXHIBIT D EXISTING LAND USE/VEGETATION MAP EXHIBIT E TOPOGRAPHIC/SOILS MAP EXHIBIT F -. AERIAL PHOTOGRAPH EXHIBIT G SERVICES AND SHOPPING FACILITIES MAP ,oo,c 065.G- 313 ii SECTION I STATEMENT OF COMPLIANCE The development of approximately 20.91 acres of property in Collier County, as a Planned Unit Development to be known as Saxon Manor Isles will be in compliance with the planning goals and objectives of Collier County as set forth in .the Growth Management Plan. The residential and recreational facilities of Saxon Manor Isles PUD will be consistent with the growlh policies, land development regulations, and applicable comprehensive planning obiectives for the following reasons: 1. The subiect property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the developmenl's residential density as required in Objective 2 of the Future Land Use Element 5.3. 2. The project development Is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result In an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and 3.1 .L of the' Future Land Use Element. 5. The project de~/elopment Is planned to incorporate natural systems for water management In accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub- Ele'ment of the Public Facilities Element. 6. The projected density of 11.96 dwelling units per acre is in compliance with the Future Land USe Element of lhe Growth Management Plan based on lhe following relationships to required criteria: .......... Base Density +4 dwelling units/acre Affordable Housing Density Bonus + 8 dwelling units/acre Maximum Permitted Density + 12 dwelling units/acre 7. All final local development orders for this project are subject to Division 3.15, .oo 0652,.: Adequate Public Facilities, of the Collier County Land Development Code. 8. By 1994, the structural condition of the existing housing stock and the aesthetic quality of neighborhoods shall be improved and maintained as set forth in Obiective 1.3 of the Housing Element. 9. By 1994, adequate sites for housing development to meet the needs of LMI persons shall be available as set forth in Obiective 1.4 of the Housing Element. 10. By 1994, the total number of affordable housing units, as determined by the cost of housing to income shall be increased to meet the housing needs of all existing and anticipated populations of the County as set forth In Objective 1.5 of the Housing Element. 2 SECTION II PROPERTY OWNERSHIP AND DESCRIPTION 2.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Saxon Manor Isles. 2.2 LEGAL DESCRIPTIOI',J The subject property being 20.91 acres, is described as: The East one-half (El/2) of the East one-half (El/2) of the Northeast one- quarter {NEll4) of the Northeast one-quarter {NEll4) and the East one-half (El/2) of the East one-half {El/2) of the Southeast one-quarter (SEl/4) of the Northeast one-quarter (NEll4) of Section 6, Township 50 South, Range 26 East, Collier County, Florida. 2.3 PROPERTY OWNERSHIP The subject property is owned by Suncoast Corporation, .a Missouri corporation. 2.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the south side of Radio Road, approximately one (1 } mire west of Santa Barbara Boulevard. B. The subject property currently has an approximate 10.5 acre mobile home rental park (Suncoast Mobile Home Park) that exists on the northern half of the site. This portion is zoned MH. The southern half of the site is undeveloped and zoned A. Both portions are proposed to be rezoned to PUD. 2.5 FHYSICAL DESCRIPTION The project s'ite is located within the Lely Canal Basin of Water Management District Number 6. Historically, surface runoff from the site consisted of sheet flow from the uplands near Radio Road southward to Davis Boulevard. According to the most recent water mahagement study of the area {"Master Plan Update for Water Management District No. 6" prepared in October, 1985) stormwater from this site has been designed to flow to the existing swale system adjacent to Davis Boulevard, south by way of an existing culvert pipe, 3 ,oo 065 3'18 further south by way of an existing canal toward Control Strucluro No. D6-S-1. Ultimate discharge is into the Lely Canal. Water Management for the proposed proiect is planned to be of the detention type. The total acreage of the proposed lakes is opproximetely 3.1 acres. Existing elevations on the site range from elevation 8.4 to elevation 11.0. There are three types of soils on the site. The soil on the northern half of the site (the location of the existing mobile home par~,) is Urban Land. The soil on the southern half of the site consists of Pineda Fine Sand with Limestone Substratum and Boca Fine Sand. (Soil information was obtained from the USDA Soil Conservation Service.) It is to be noted that the existing site also has two {2) small areas of wetlands, besides:the existing man-made pond. These pockets are located at the far southern portion of the site and will be mhlgated In accordance with all regularDry agencies. 2.6 PROJECT DESCRIPTION The project is planned for a multi-family affordable housing rental proiect comprised of a maximum of 250 units with numerous recreational amenities. The residential units are planned for one, two and threo bedroom dwelling units that meet the standards for Collier County Affordable Housing. 2.7 SHORT TITLE This Ordinance shall be known and cited as the "Saxon Manor Isles Planned Unit Development Ordinance". ,00, I]65 ,,,,: 3'17 SECTION III , PROJECT DEVELOPMENT REQUIREMENTS 3.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the proiect, as well as other project relationships. 3.2 GENERAL A. Regulations for development of Saxon Manor Isles shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Lend Development Code In effect at the tlme of building permit application. Where these regulations fail Io provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the'same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Saxon Manor Isles shall become part of the regulations which govern the manner In which the PUD site may. be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development pe'rmltted by the approval of this potition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest or next to occur of either final site development plan approval, final 'plat' approval, or building permit issuance applicable to this development. ~ ....... 3.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A, The general configuration Of the single land use area shown on the PUD Master Development Plan {Exhibit "A") is approximately broken-down as follows (figures are rounded}: Lake 3.1 Acres Pond 0.2 Acres Native Habitat Area 2.3 Acres Pavement 4.8 Acres Green Space 7.0 Acres Buildings 3.5 Acres Total Project 20.9 Acres B. Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, 0pen approval parts thereof may be constructed as shallow depressions for water detention purposes. Such areas, lakes and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Lake depth, side slopes and planted littoral zone areas are subject to modification in order to conform to local, state and federal wetland permitting conditions. Minor modification to all areas, lakes or other boundaries may be permitted at the time of .. Preliminary Subdivision Plat or Site Deveropment Plan approval, subject to the provisions of Section ..2.7.3.5.6 of the Collier County Land Development Code or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.} shall be established within or along the various tracts as may be necessary. 3.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 250 multi-family residential dwelling units shall be constructed In the total project area. The gross project area is 20.91 acres. The gross project density, there~'ore, will be a maximum of 11.96 units per acre. 3.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat and/or Condominium Plat for all or part of the PUD, if applicable, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. 6 ,0o, 065 319 B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area ..i covered by the PUD Master Plan. Any division of property 'and the development of the land shall be in compliance with Division 3.2 Subdivisions of the Land Development Code. and the platting laws of the State of Florida. C. The 'provisions of Division 3.3 Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. D. Appropriate Instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 3.6 JYLOOEL UNITS In conjunction with the promotion of the development, apartments may be designated as models. Such model apartments shall be converted to residential status within a two (2) year period, unless otherwise specifically approved by the applicable County authority. Model homes review and determination shall be in accordance with Section 3.2.6.3 of the Land Development Code. 3.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3 of the Land Development Code. 3.8 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies may be allowed · subject to review and approval in accordance with Division 3.5 of the Land Developme. nt COde. If there is a surplus of earthen material after consideration of fill activities on those buildable portions of the project site, then its off-site disposal also may be allowed sublect to revlow and approval in accordance with Division 3.5 of the L~,,~d Development Code subject to the following conditions: m ,-,,--,, g 1. Excavation activities shall comply with the definition of a "develop~nent excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total calculaled excavated volume to a maximum of 20,000 cubic yards. 2. All other provisions of Division 3.5 Excavation of the Land Development Code are applicable. 8 SECTION IV " MEDIUM DENSITY (LOW RISE) RESIDENTIAL GUIDELtNES 4.1 PURPOSE The purpose of this section is to identify specific development standards for the project shown on Exhibit "A". 4.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units within the PUD shall be 250 units. 4.3 USES PERMITTEE) No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: .. (1) Low rise multi-family structures. B. 'Accessory Uses: (11 Customary accessory uses and structures including, but not limited to: carports, garages, utility buildings, satellite dishes, central laundry/auto care facilities, central management/maintenance facilities. (2) Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, fishing piers/gazebos, boat docks, and basketbail/shuffle board courts. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. {3) Child care facilities. (41 Property and maintenance manoger's residences and associated office space. (5) "Walking paths with exercise facilities, boardwalks, picnic areas and gazebe in the southern Native Habitat Area after appropriate environmental review. .00 085 322 '9 4.4 DEVELOPMENT STANDARDS ' A. General: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings except item 3.4D.il)(a]. .:~: B. Minimum Lot Area: ?.' One {1} Acre. :~,~ C. MiniOnurn Lot Width: One-hundred fifty feet (150'}. ;,. ,~ ":- D. Minimum Yards: ), (1) Principal structures: (a) Setbacks from all exterior project boundaries shall be 35 feet. {b} Setbacks from the Native Habitat Areas shall be 15 feet, unless such Native Habitat Areas are determined to be preservation easements or tracts. Setbacks from any preservation easements or tracts shall be in accordance : with Section 3.2.8.4.7 of the Land Development Code. (c} Setbacks between pr;ncipal structures shall be 20 feet or . 1/2 the sum of their heights, whichever is greater. (d) Setbacks from the lakes shall be 20 feet. (e) Front setbacks from the edge of detached parking facilities shall be 10 feet. Parking structures attached to the principal residential structures are also permitted. (2). Accessory Structures: . ~ ,. (a} ... Setbacks shall be as required by Division 2.6 of the Land Development Code in effect at time of building p,,rmit application except setbacks from the Native Habitat Areas are not required unless such Native Habitat Areas are determined to be preservation easements or tracts. 10 065 Setbacks from any preservation easements or tracts shall be in accordance with Section 3.2.8.4.7 of the Land Development Code, setbacks from the Radio Road ROW shall be 20 feet, and setbacks for recreational facilities shall be 20 feet from all exterior project boundaries and 10 feet from structure to structure. E. Minimum Floor Area: (1} For one bedroom units the minimum floor area shall be 500 square feet. (21For two bedroom units the minimum floor area shall be 700 square feet. {3) For three bedroom units the minimum floor area shall be 900 square feet. F. Maximum Height: (1} For principal structures 30 feet or 2 stories above the minimum base flood elevation. (2) For accessory structures 20 feet above the minimum base flood elevation. (3) For fences and wails 8 feet above the existing grade or where the fence or wall would be 'located over an existing grade that is - depressed, such as the ditch along a portion of the western property boundary, the fence or wall height shall be measured from the typical existing erevation of the southern Native Habitat .Area. G. Off-Street Parking and Loading Reauirements: As required by Division 2.3 of the Land Development Coda in effect at the time of building permit application. H. [Rlerior Landscaoine Reoulrements: As required in Division 2.4 of the Land Development Code. t .... , 065 324 I. Buffer Reauirements: (1| Around the perimeter of the project Buffer "X" or "Y" shall be required where shown on the PUD Master Plan (Exhibit "A"). Buffer "X" shall be a minimum of 10 feet in width and Buffer "Y" shall be a minimum of 15 feet in width and include a double- staggered row of trees, spaced an average el 30 foot on center in Buffer "X" and 44 foot on-center in Buffer "Y", and with 2 shrubs, approximately. 3 feet in height at time of planting, for each perimeter buffer tree. The developer shall have reasonable flexibility In locating such shrubs in order to maximize the impact of such shrubs. Such trees shall be 100% canopy trees, excluding any existing trees saved for credit and trees planted within the northern Native Habitat Area, and at the time of planting shall be a mlnlmum of 8 feet in height, have a minimum of 1.5 Inch caliper measured 12 Inches above ground, and have a minimum 3 foot spread. Buffer "X" shall also include a landscape buffer that is at least 95% opaque and 6 feet in height within 18 months. Such landscape buffer may include a fence, wall, hedge, betre, or combination thereof. Where a hedge is chosen by the developer, the number of shrubs shall be increased so that spacing does not exceed more than 3 feet on center. At the option of the developer, Buffer "Y" may include a 6 foot high fence, wall, hedge, berm, or combination thereof. Additionally, at the option of the developer, Buffer "X" may be provided along the western boundary of the southern Native Habitat Area. The northern Native Habitat Area shall be re-vegetated In such a manner that It meets or exceeds the functions described for Buffer 'X" {see the re-vegetation plan requirements in Section V of this document}. (2} Developer agrees to provide an irrigation system that meets the requirements of Divisron 2.4 of the Land Development Code within Buffers "X" and "Y' except within Native Habitat Areas to ensure long-term compatibility with neighboring projects, even though these systems are only optional for Affordable Housing projects. J. Lighting3 Facilities: Lighting facilities will be arranged in a manner which will protect roadways and neighboring properties from direct glare or' other interference. 12 325 .: SECTION V DEVELOPMENT COMMITMENTS " 5.1 PURPOSE The purpose of this Section is to set forth the development regulations for the development of this project. 5.2 (~ENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUP. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this proiect even if the land within the PUP is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of this PUP as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3 iF'UP MASTER PLAN A. Exhibit "A", PUP Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequer, t approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 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 mainreliance oi' all service utilities and all common areas in the project. 065326 13 -, 5,4 $CHEDULEE OF OEVELOPMENT/MONITOR!NG REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in one phase. A.The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code, B. Moni(oring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 TRANSPORTATION : A, Collier County reserves the right to close median openings, if necessary, due to safety and capacity considerations, B, The developer shall provide left and right turn lanes off of Radio Road at the proiect access and the accompanying storage, if necessary, during the site plan review stage. Compensating right-of-way shall be donated to offset that consumed by the construction of the turn lanes. C. Impact fees shall be paid in accordance with Collier County Ordinance No. 92-22 (or as it may be as amendedl. D. The developer shall be responsible for the cost of any signal upgrades or improvements necessary at the Radio Road/Santa Barbara Boulevard intersection made necessary due to this project. Traffic counts and turning movement counts at the project entrances shall be provided if required by the County. In addition, if a signal is required at the project access off of Radio Road at some time in the future, the County reserves the right to require said signal at this location. The total cost of a signal system at this location would be borne by the benefitling side street userS. E. The project shall provide a cross access stub to the adjacent property to the south to improve the local residential traffic circulation on Davis Boulevard and Radio Road. 065 327 14 5.6 WATER MANAGEMENT/ENGINEERING A. The developer and all subsequent landowners are hereby placed on notice that they are required to satisfy the requirements of all County ordinances in effect prior to or concurrent with any subsequent development order relating to this site, including, but not limited to, Preliminary Subdivision Plats, Site Development Plans, and any other application that will result in the issuance of a final or local final development order. B. Design and construction of all improvements shall be subiect to compliance with the appropriate provisions of Division 3.2 of the Land Development Code. C. This prolect shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval, D. An Excavation Permit shall be required for the proposed lake(s} in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District rules. IF:... ' A copy of the South Florida Water Management District Permit or Early Work Permit (with Staff Report) shall be provided prior to Site Development Plan approval. F. Landscaping shall not be placed within the water management areas unless specifically approved by Collier County Proiect Plan Review. G. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Project Plan Review prior to Final Site Development Plan approval. H. Should the South Florida Water Management Distr~c~, or any other agency, during its review process require significant changes be made to the site plan and/or the water management facilities, Collier County reserves the right to re-review the project and have it heard by the Environmental Advisory Board. I. This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with the South Florida Water Management District. 15 J. Side slopes on ponds, berms, and swales shall not be steeper than 4:1, unless specific, separate approval is obtained from Collier County Proiect Plan Review. K. Per Section 3.5.7.1.1 of the Land Development Code, the proposed lakes sha11 meet the one hundred foot (100') setback requirement from the access drives unless exceptions are requested and supported with adequate documentation. . L. At the time of Site Development Ran review, the petitioner shall provide documentation on any off-site drainage coming onto the site and provide for its conveyance, if applicable. 5°7 ~Ell. J33.F.J. A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-78, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system to serve the proiect must be connected to the District's eight inch (8") water main on the south side of Radio Road consistent with the main sizing requirements specified in the County's Water Master Ran and extended throughout the project. During design of these facilities, dead end mains shall be eliminated by looping the internal pipeline network. D. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one {1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Oeveloper's Engineer shall .meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. 16 E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this proiect and reinforced as required, if necessary, consistent with' the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the proiect and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved, as required, outside the pro]ect's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 ENVIRONMENTAL A. The PUD shall be in compliance with the Collier County Land Development Code environmental sections and the Growth Management Plan o Conservation and Coastal Management Element at the time of final development order approvals. B. Easements in accordance with the Collier County Land Development Code shall be provided for all protected/preserve areas required to be designated on the preliminary and final subdivision plats or, in the case of site development plans, recorded by separate instrument. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the plat or site development plans shall have a minimum twenty-five foot |25') setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Furthermore, the prelimTnary and final subdivision plats and site development plans shall require that-no alteration including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the Development Services Director; provided, in no event shall these activities be permitted in such setback area within ten fee! (10') of the protected/preserve area boundary. All required easements for protected/preserve areas shall be dedicated and the permitted uses shall be established for said easement on the final subdivision plat or site development plan. 065 330 C. A detailed re-vegetation plan for the northern Natural Habitat Area (.5 acre) shall be submitted' to Collet County Proiect Plan Review Environmental Staff, for review and approval, prior to or with the submission of the first development order for this PUD. This plan shall include at minimum, a time schedule for commencement, monitoring and completion of the work, a statement of guaranteed total survivability, a summary of proposed plant(rigs {species, size, spacing, depths, planting methodology, etc.) and a statement guaranteelng that at least .5 acre shall successfully be re-vegetated. A final site inspection by Collier County Environmental Staff shall be required to verify successful re- vegetation. All re-vegetation shall be completed per the criteria of the aforementioned approved plan, prior to any final certificate of occupancy being issued for this first development order. All re-vegetation shall be completed, with total guaranteed survivabllity over a three year period. Survlvabillty shall be guaranteed by a bond consistent with the bonding provisions for landscaplng pursuant to Section 2.4.3.5 of the Land Development Code. ,. D. Development of the Collier County jurisdictional wetlands Shall be mitigated with upland compensation at a minimum ratio of 1.5 to 1. A. Fire hydrants shall be provided in accordance with NFPA regulations and - , ~ Collier County ordinances. 5.10 BECREATIONAL AMENITIES A. Developer agrees to construct at a minimum the recreation facilities shown on the Feasibility Plan, dated 7-1-93, that was displayed in color at the July 1, 1993 Collier County Planning Commission Public Hearing. Developer may. relocate or split apart these recreation facilities to improve site planning during the Site Development Plan review process. Such minimum recreation facilities shall include: 3,750 square foot of playground area; 1 full-court (3,100 square feel) or 2 haft-court (1,550 square feet each) basketball facilities; a volleyball court (3,100 square feet or may be reduced to "regulation size" if reduction is added to playground area); 1,050 square feet of swimming pool(s) excluding deck area; a,~:l 2,340 square feet of comblnation recreation/maintenance building, rental office, and laundromat (if this combination building is split apart, the recreation building shall be at least 600 square feet in size). 18 ,006 065 , :331 5.11 AFFORDABLE HOUSING AGREEMENT A. The Saxon Manor isles proiect shall be operated in accordance with the terms of an executed Affordable Housing Agreement between the project .'.:" ' owner and the Collier County Board of Commissioners. 5.12' TENANT OCCUPANCY LIMITATIONS ' ;.;,. A=. All one (1)-bedroom units shall be limited to a maximum ot two :'- .-' '"' persons. .-.~. ;-._='-.. · B. All two (2}-bedroom units shall be limited to a maximum of four (4} · ;,,',e-,, ,,.;,,, ,, persons. , , . ';r"'~°AI three (3}-bedroom units shall be limited to a maximum of six (6) '-._C~';". I .... persons. -~:, _ ,-._. -'= '- D_.- Children less than two (2} years old are excluded from these tenant · ---,~.J,~-- occupancy limitations. Households which exceed these occupa0cy limits """"~"' when a child reaches the age of two (2) years shall have a maximum of -.- " ninety (90) days from the child's second birthday to vacate the unit and -'- ..':- ' .... move into a larger unit or leave the apartment complex. · . -,;,,_ - -,.---.~-~-:, 7 ..... ,00 fJ65 332 .. m ~ ~ ~ '~ 1,Z75*13' "4ZS sh~ X S10 Ilch" S 4.2~ LOCATION MAP 1-75 Redio Rd. Subject PropenV ~ ~/ Davis BIrd. ~ ~ 0 I o u Miles ,oo~ 065~,~334 EXXSTING LAND [jSE/VEGRTATION MAP 065 ~,~ 336 EXHIBIT F ', AERIAL PHOTOGRAPH 1" = 200' Match Line Match Line NORTIIERN HALF ~[x SOUTIIERN [[A[o[: North ~ooK UI~5 ,.~ 338' t.!; EXHIBIT G SERVICES AND SHOPPING FACILITIES MAP Shopping Facilities Public Facilites I) COastland Mall 1) East-Naples-.F. ire Station 2 ) ' Court House Shadors 2 ) · Sheri if-' ~.iOrfice 3) Naples .Tovne Center 3) County Government Center '4~ Kings Lake Square 4) Golden Gate Library 5) Winn-Dixie Center (Proposed) .5) Golden Gate Fire Station 6) Berkshire Commons 6) Emergency-Medical Station ':' 7)' San[a Barbara Square 7) Emergency .medical S'ta6ion-~:. 8) GOIde. n'Gate .. "'' ..... "· %., ', ': : ,~: '. co ~-75 Rad{o Rd Subject Propert~ . a ~Ues ,oo 065339 SAXON MANOR ISLES RENTAL JULY 9, 1993 AGR[~[NT AUTHORIZING AFFORDABL~ HOUSING D~NSITY BQ~US ~2~D IMPOSING COVEN~TS ~D RES~I~IONS ON R~L PROPERTY ~IS AGRE~ is made as of the ~ day of IU]~/ , ~ / 1993, b~ and between S~COAST CORP. OF D~W~E by ~ts duly au~orized undersi~ed officer (the "Developer") and the Collier Co~ty Board of County Co~issio~ers (the "Co~ssion"}. ~CITA~: A. ~e Developer ~s a tract of real property described as (c~plete legal descr~ption) ~E ~ST ON~-~LF OF ~E ~ST ON~-~F . OF ~ NOR~ST ONE-OU~T~ OF ~E NOR~ST ONE-OU~T~ ~D ~E ~ST ON~-~LF OF ~ ~ST ON[-~LF OF ~ SOreST ONE-OU~T~ OF ~ NOR~ST ON~-OU~T~ OF S~ION ~S~IP 50 SO~. ~GE 26 ~ST~ COLLI~ C0~. ~RI~A (~e "Property"). ~e legal and e~itable o~ers include JA~ J. ~. It is the Developer's intent to const~ct a maxim~ of 250 residential ~its (the "Units") at a density of 11.96 ~its per goss acre on ~e Property. ~e goss aceage of ~operty is ~ acres. ~e n~er of affordable Units constmcted by Developer shall be 249 , representing 99,6 percent of. ~e total n~er of residential Units in ~e develo~ent. ~. In order to constmct the Units, the Developer must obtain a density ~nus from the Co~ission for the Prope~y as provided for in the Collier County Affordable Housing Density Bonus brdinance No. 90-89, which density bonus can only be ganted by the Co~ission in accordance with the strict limitations of said Ordinance. "".~ ...... C." ~e Co~ission is willing to gant a density ~nus to ~e Developer au~orizing the constm~ion of ~ bnus' Unite on the Property, if the Developer agrees to const~ct affordable Units as specified in this Agreement and the Developer covenants and agees to use the affordable units only as rental property. MOW, ~EFORE, In consideration of the approval and granting of the density bonus of 7.96 units per acre .:. - SAXON MANOR ISLES RENTAL JULY 9, 1993 requested b~ 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. aeoitals. The above recitals are true and correct and are incorporated herein by reference. 2. Developer agreements. The Developer hereby agrees that it shall construct 250 affordable Units which Units shall be rented in accordance vith the terms and conditions of this Agreement and as specified b~ the attached Appendix A, Exhibit A and Exhibit B, 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 b~ 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 ~..~,-.i.'.'~buildings or structures in separate and distinct stages as shown on a PUD master plan, subaivision master plan or site development plan~ or (b) in devel=pments 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) Base Rent. The monthly base rent for the · SAXON ~ANOR ISLES RENTAL · JULY 9, 1993 ' affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly °Tent may be increased each year from the date of the Agreement as long as the increase does not exceed the annual increase in the Consumer Price Index (CPI) or five (5%) percent, whichever is less. At no time shall the rent exceed one-twelfth (1/12th) of thirty (30%) ~ percent.of an .amount which represents fifty (50%) percents(for :"; very low income), and eighty (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 ninety (90%) percent of the rent charged for a comparable market rate dwelling in the same or similar develolmment. (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 (HI/D) 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 ~, 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 }UJD ceases to publish an established median income as aforesaid, the parties hereto shall mutually ........ ~gee to an6ther 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 qualified as an eligible family to rent and occupy an affordable Page 3 of 14 SAXON MANOR ISLES RENTAL 9, 1993 housing unit pursuant to the affordable housing density 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 unite 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 occupying 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 AgTeement 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 Agreement 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) Iuoome 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 · ' SAXON MANOR ISLES , RENTAL · JULY 9, 1993 ' federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant 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 B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require 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 shall 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; (ii) a description of the unit to be rented; (ili) the term of the lease; (iv) the rental amount; SAXON MANOR ISLES RENTAL JULY 9, 1993 (v) the use of the premises; (vi) monitoring and enforcement provisions, 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 Mousing and Urban Improvement Director. (5) Dtsqualifioatton of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, 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 informal- tion reasonably required to insure compliance with Ordinance No. 9n-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 fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the .;.. SAXON MANOR ISLES RENTAL ,' JULY 9t 1993 ' sixty (60) day submission deadline. No more than one such 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) Occup&nc~ Restriotions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Densit~ Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential.density of 4 units per acre, and is therefore granted a density bonus of 7.96 density bonus units per acre, for a total (total - density bonus units per acre X gross acreage) of 167 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 250 units on the Property provided the Developer is able to secure building permit(s) from Collier County. -- 4. Commission Agreement. During the term of this ~greement, the Commission acting through the Housing and Urban 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 be a violation of this ..... Agreement and t~e Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt 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 false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which SAXON MANOR ISLES RENTAL JULY 9, 1993 · 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 e 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. Notiae of ViolarYan far Code Enforcement Board Proaeediugs. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return-receipt requested U.S. Mail, or hand-deliver3, 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 (10) 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 Notice of Violation, the Housing and Urban Improvement Director shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date o~ 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'sk~all appear before the Code Enforcement Board. c. Certificate of Oooupan~. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, 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 Page S of 14 · SAXON MANOR ISLES RENTAL JULY 9, 1993 Agreement and with Ordinance No. 90-89, as amended· .6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having Jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the empress 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 empress written consent of the Commission as required by this Section shall be void ab initio. 7. /everability. 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. lotice. 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: HOUSING & URBAN IMPROVI24ENT DEPT. 3050 N. HORSESHOE DR., SUITE 158 NAPLES, FLORIDA 33942 To the Developer: SUNCOAST CORP. OF DELAWARE 542 COR~4ORA~ COVE ......... NAPLES, FLORIDA 33962 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge thnt the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developer's obligations hereunder. Page 9 of 14 ,oo 65 , 3'48 SAXONMANOR ISLES RENTAL JULY 9, 1993 ' 10. Indemnif~. The Developer hereby agrees to protect, ~ defend, indemnify and hold Collier County a41~ its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professignal 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 bebinding 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. aecording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida within thirty (30) days of approval of said Agreement by the Co~mission. Proof of recordation shall be submitted to the County Attorney within 15 days of recordation. Failure to record this agreement, as prescribed herein, shall render this Agreement iT'vPnu11 and voidS' 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in Page 10 of 14 · SAXON MANOR ISLES RENTAL · JULY 9, 1993 accordance with this Agreement for at least fifteen (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 mutually agreed upon by the parties and stated in writing. 15. Modifiedrich. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any 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 unit. e. 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 Bonus. e. The affordable housing units shall be intermixed with; and not segregated from, the market rate dwelling units in the development. ~.~... -,~..~,i ~ ...... f."' The squat? footage, construction and design of the .~w. affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenSties as described in item number seven ' SAXON MANOR ISLES RENTAL .. JULY 9, 1993 (7} of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the smme within each phase.and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 99.6 percent affordable housing units for this project, with 99.6 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. 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. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing "d~nsity bonus'approved for the development. 20. Affordable Housing Densit= Bonus Development agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Star. (1989) and as amended. 21. Preapplicetion. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached SAXON MANOR ISLES RENTAL JULY 9, 1993 " to this Agreement as Appendix C and incorporated by reference herein. 22. ~verning 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 this Agreement. Such documents shall include but not be limited to any document .requested by the' Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. .. ATTE~T.~,,,,, . .... :l BO OF COUNTY COMMISSIONERS 4: :' ,,.::,z...,~;~': '~:{:;"',"i"';~.-~ ."' ~ ~. --.-;..........,.-.,;: . . ,:,E.,.'f.,' . ., Vf.J ........:.. . - ~pprov~d as to form and legal sufficien~y." .~,Z~T"."."Assistant ¢oun*y ~ttor~ey 352 Page 13 of 14 SAXON MANOR ISLES RENTAL JIJLY 9, 1993 STATE OF ___~___) co~ or 5+. t~;J) ,s. ) Tne foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me this ~ day of 3V// , 199t, by J. J. Bachmann, Presiden= of SUNCOAST CORP. OF DELAWARE, a ~ corporation, on behalf of the corporation. He is personally known to me or has produced } ~ ' ' as identification and did (did not) take an oath. c~f/3529 065 3'53' Page 14 of 14 Appendix A~ Exhibit A RE~TAL ~ NUMBER OF AFFORDABLE HOUSING U}:ITS/MON~"dLY BASE R~ .~ NIIMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCO]~E Efficiency 0 ~'~ 1 Bedroom 80 429 2 Bedroom 60 506 3 Bedroom 109 581 4 Bedroom 0 VERY LOW INCOME .=. Efficiency I Bedroom ~ 2 Bedroom 3 Bedroom 4 Bedroom (1) Base residential density allowed in this development 4 units/acre, (2) Gross acreageS. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89.. 6 _ units/acres, (4) Gross residential density of this development (including affordable housing density bonus units) 11.96 units/acre, , (5) Percentage of affordable units pledged by the developer · ' .........;;"' (as a percent of the total number units in the development) 99.6% , Page I of 3 Appendix A, Exhibit B AFFORD~L~ MOUBING DENBIT~ BONUS RATINQ SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for aevelopers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to 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 designs.. 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 shown 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 shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B vill indicate the maximum number of residential dwelling unite per gross acre thaU 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 unite 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 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus 'for each type ~hall be calculated separately in ~able B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. e65 355 Page 2 of 3 "- Appendix A, Exhibit B ... AFFORDABL~ HOUSING DENSITY BONUS RATING 8YSTEM TABL! AI XFFORDABL! HOUSING DENSITY BONUS RATlING LEVEL NUI~ER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND1 ... MORE MODERATE (OWNER-OCCUPIED, 0 1' 1' ~ SINGLE - FA~I LY ) " LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAmILY OR MULTI- FAMILY ) VERY LOW (OWNER OCCUPIED OR I~ElqTAL, SINGLE- FAMILY OR MULTI- FA~I LY ) 3 4 5 eFor cjuster housing devslo ents in the Urban Coastal Fringe, add I density bonus to obtain 2, TABL! Bz AFFO~DA3L! HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DW~LLING UNITS PER GROSS ACRe) AFFORDA3LE HOUSING % OF AFFORDABLE HOUSING UNITS DENSI~"f BONUS RATING 10% 20% 30% 40% I 0 0 I 2 2 0 I 2 3 u. --.* 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Please calculate your density bonus In the space provided below, Attach .additional pages if neoessax7. BONUS UNITS RATING COMPUTATION DENSITY I BR 2 S0 AH UNITS .\' 250 TOTAL UNITSm 32% 2.2 2 BR 3 '60 AH UNITS .\' 250 TOTAL UNITSm 24% 3.4 3 BR 4 109 A~ UNITS .\' 250 TOTAL UNITS- 43.6% 7 .... t.'..' ....~X)TAL ..... 249 99.6% 12.6 MAXIMUM ALLOWED S BONUS UNITS/ACRE Page 3 Of 3 PRELIMZ~ARY APPLICAT~O~ ~OR A~rORDA~LE HOUSI~O UNIT Date Occupancy DelLred, Date st A~plicat/on, Amt o{ Sees Dep011ts Y~ur ~ms .... Race/~at~onal Or~Lnx Handicaps Yes .... No ~Ten~ I~ Race/National Origins Handicap~ Present~ress~ Street City State Z~p Telephone ,X~ of ~dlords H~ng at this Addrssss ~dlord's~essx Street City State Zip Telephone If ~ have res~d~ at ~r present address less than 3 ~ears, please state previous ad~ress~ Street Cit~ State Zip Telephone f Previ~e ~lord's Nm, Address, Tale;hones ~reeent ~Z~er's Rm, Address, Telephones H~ ~ng w~th Present ~l~erg Job Titles Gross Salami H~rly S Weekly $... Zve~ 2 Weeks S. Monthly ~ciaZ BentLEy R~rg Birth date~ PrevL~s ~l~er's N~, Address, Tellhones S~ ~ng with ~revL~s ~lo~ers Job ~Te~ant ~eeent ~l~'s N~, ~drel8, Telephonel H~ ~ng vLth Present ~loyerl Job Title/ Gross Salads H~rly ~ Weekly $. Every 2 Weeks $ Monthly $. IsrAel library N~erz Sirt~ datll Yrevi~s ~loysr's ffm, Address, Telephone, R~ ~ng wASh Previ~s ~loyers Job Titlet ~ ~L ~O WILL ~PY APAR~ BYR~ DAq SEX AGE 1. 2. 3. *';4 · "" ,.,P~NAL ~N~S (Not RelatAveel 1. Nmz Addreset H~ Lon~, 2. N~t ~dressf H~ ~DZT ~N~S Your Bank, ~an Savings Checking L~st Bel~ 3 Mditional Credit References~ 1. Cit~x. 2. CLtys 3. CLtys. ,0o OUbP, t357 Page I of 7 ~" Xi:,p'~nd].x e, 'xhlbit s · ArrORD^BLZ HOUSrNO APPLrCANT ZNCOHt VZRZFZCATZON Date s X~ll~ant'e N~s Social Security Nu~ers ~enant'e ~m~ SociaZ Se~rlty N~erz ~resent ~dresm; 2~ZT CITY STAT~ ZIP TELEPHON~ I here~ m~ a~lication for an apart~nt a~ apart~nts. I her~ declare ~d reveal all of ~ s~rces of Lnc~. Z e aware tha~ to leave ~=, ~lt or fall to re~ ~ assets or foes of Lnc~ fr~ ~ns~ons, s~ocks, ~nds, real ;ro~y rent, sale or ~ership Is a fraudulen~ act ~nishable ~ law. ~lngly fals/fyLng Lnfo~tLon on thLs fom is cause for refusal of occupancy. I here~ ce~lfy that this will ~ ~ ~nen~ residence and that I have no other assisted Z u~erstan4 that th~s intomarion Ls for the ~r~se of ~tLng my annual lnc~ to dete~e ~ ~altf~catio. to ren~/~y ~ reaLred to surrender gains, etQ. X~llcanC ~-Tenan~ ~nt Fre~en~ ~n~ Fr~enq ~ceiv~ of Magel/lala~ ~uses $ $ $ $. Tips $ $ S $. ~selone Interest Inc~ $ $ $ T~s~ hnd lncm $ $ S. $ Un~l~nt Worth ' · ~nsatLon $ $ $ $ r~ St~s $. Ioc[al Se~rLty I~ial Se~r~ty D~e~Ll~ty $. $ $ $. lullrental ESl. F~lly Assistance 2. $ $. 2. ~lld ,Su~r= ~. ~ $. $ Veterans Benefits 2. S $. $ W/d~s Benefits Union Benefits S S $ $. Union Pension Self-b~l~nt Business, 81len~ Partner, et~, S $ $. $. Private Insurance Pension $ $. $. $. Please attach ILsC of sl1 other sources of ~nc~ for entire househoEd, THE VERIFICATION HERE REQUESTED MAY TAKE THE FOR~ OF THE HOST RECENT YZAR'S FEDERAL INCOME TAX Ra'I~jRN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SA~4/MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL BOUSEHOZ~ INCO~. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN Page 2 of 7 AFFORDABLE HOUSING APPLICANT EftCOME VERIFICATION APFLICANT P~esen~ Zmi~lo~erz Job Titlet A~dremsf Street CLty State ZLp Supervisors Telepho.e N~ers hereby authorize the release of information requested on Applicant ;-~ this verification form. ITATX OF FLORIDA ) '.. ) C:OalTI Ot tOLLILl. ) THX FORZ~OZXG was acknowledged before Item by . WITWEal s~ hand and official seal this __ day of , 1993. Notar~ Public ~" My CcamLtssionZxpiress I~loyer Verifica=lons A~licant's Gross Annual Income or Ra~e of Pays $. Number Of Hours Worked Frequent7 of Pays Amount of Bonuses, Tips, or other Compensation Paceive~s }~nthly Annually Supervisor STATE OF FLORIDA ) ) ms. COUNTY OF COLLIER ) THX FOREGOING was acknowledged before me by . WITXESS ~y hand and official seal this __ day of , 1993. Notary Public My CoaznisSion lxplress THE VERIFICATION HERE REQUESTED ~AY TAKE THE FOR}( OF THE MOST RECENT YEAR°S FEDERAL INCORE TAX RETURN FOR IACH OCCUPANT W~O HAS PILED AND WILL OCCUPY T~E AFFORDABLE UNIT. ,oo 065 3'59 ~' Pa~e 3 Of 7 , AFFORDABLE H0~SlI40 APPLICANT ~NCOI~L~ VER~IP~CATZON 2TAT~ OF FLORIDA cc~c~f or CC~IZR ) THE F(~Z~OZNO was ac~ledg~ before m ~ . ~MII ~ hand sad o~f~cial seal th~s __. day o~ , 1993. ~mm~ Z~irmmt TH~ IA~ MUff BE I~CUTBD FOR EAC~ OCCUPANT OF ~ R~ ~0 ~B~ ~ ~ ~ ~!~ IN~. FAIL~ ~ ~RT ~ ~l OF H~S~ ZN~ Wl~ ~S~T IN 065 360 Page 4 o~' 7 .l~ddrellS Street City State Zip ~ Supervisors Telephone N~etx hereby authorize the release of information requested on Co-Tenant this verl~lcation form, A~plicant ITATI OF FI,ORZD,*, ) COCIITY OF COLLIIR ) , THI FOREGOING was acknowledged before mby ' ':l WITNESS m~ .hand and official seal this __ day of , 1993, Notar~ Public - N~ Commission lxpiresm ':.. · 'Employer Verifications Xpplicent's Gross Annual Income or Rate of Pays Number Of Noure Worked (Weekly)s Frequent7 of Pays asount of Bonuses, Tips, or other Compensation Receiveds Monthly Annually Supervisor STATE OF FLORIDA ) } as.. r COUNTY OF COLLIER } WITNESS m~ hand and official seal this__day of , , 1993, Notary Public My Cosmission/xpiresz THI V2RIFICATION HERE REQUESTED MAY TAKE THE FOPa4 OF THE ~OST RECZNT YEAR'S FEDERAL INCOK!2 TAX R~ FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPI' ThE AFFORDABLE UNIT, Page 5 of 7 AFFORDABLE HOUSING APPLICANT XNCOME VERIFICATIOn( THI V~RIFICATION J{l~%f RE~UESTL~) MAY TAKE ~ FO~ OF ~ ~ST ~a~ ~'S ~D~ IN~ a T~ ~ ~ ~ ~ ~ ~ FIL~ ~ WILL ~Y ~ AFFO~ABLE ~IT. X hereb~ verify that the federal income tax return supplied Co-Tenant ' by me is a true and correct coFFof the return filed b y me for . (Year) rYATB OF FIZntXDA. ) COOMT~ O1' COLLIER } THB FORE~OX~ was acknowledged before se b~ . WITNESS s~ hand and official seal this day of , 1993. Notary Public My Ccm~iselon Zxplress MUST BE E~CUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIB~-~ TO THE ANNUAL BO~SEHOLD INCCO4E. FAILUR~ TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DIS~7~LIFICATICH FOR TENANCY IN AFFORDABLE HOUSING UNIT. 065 362 ~" A~ndl~t S, Exhibit C AFFORDABLE HOUSING APPLICANT INCO!~E C~RTIFICATION ~ D ate s Tenant N~ s ~enant N~ s ~ems of Unit to ~ ~nt~x T~t ~ ~e~t ~lf~catl~. I ce~lZ~ that the ln~o~at~on provided Prel~ X~licat~on Zor X~ford~le ~sin9 Unit and In the ~Efordable Housin~ X~lican~ Incs VeriZica~lon Is t~e and c~lete to the bes~ oZ ~ ~led~e and belie~. I understand tht l~ I ~ur~lsh false or lnc~plete ln~o~ation on verLf~cation o~ lnc~ cs~Zicat~on ~o~ tha~ Florida law and ~llier ~unty O~d~nancs No. 90-89 pr~lds ~or a f~ne o~ up to $~00.00 ~r violation, or ~priso~nt up to 60 da~s, or ~th, ~ that I will ~ re~lr~ to vacate the aZford~le uni~. I u~erst~ that cha~es ~n ~ lnc~ which ~ Zor ~ aZfoEd~le rental. unit In this de~el~nt ~st ~ re~rt~ to the par~ res~ns~le for exe~tl~ ~ lease. I undlrsta~ that ~ lnc~ ~st ~ verified and certifl~ each year u~n rental of ~ lease ~d that failure to c~lete annual lncs verif~cation and lnc~ certification w~ll re, ire yacat~on of t~ af~ord~lo T~3 FORZGOINO was acknowledged before ms b~ . WITheS r~ hand and of£1cial seal this ,, , da~ o~ , 1993. Notary Xxpiresx Date ) se ~IN was ac~led9~ ~fore hand and of~Lcial seal this __ day o~ . . , 1993. Notary Public My Commission Xxpiresx · .., 065 3'63 Developer Application For Affordable Rousing Density Bonus 364 Appendix C Developsz Xpplication For Xffordabls Rousing Density Bonus Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documenta- tion to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 33942. A copy must also 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; PUD 20.91 ACRES 2. Has an application for rezoning been requested in conjunction with the affordable housing density bonus? X Yes No If yes, state date of application 3-1~-~ and if the request has been approved, state the Ordinance number N/A 3. Gross density of the proposed development· 11.96 units/acre. Gross acreage of the proposed development. 20.91 acres· 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD.) ? X Yes No. If yes, please state name and location of the PUD and any other identifying information. SAXON MANOR ISLES PUD. LOCATED ON TdE SOLv~H SIDE OF RADIO ROAD. I MILE WEST OF SANTA BARDS. 5. Name of applicant SUNCOAST CORP. OF DELAWARE . Name of land developer if not the same as applicant N/A 065 , : 365 Page 1 of 4 Appendix C Developer applicstion rcr AZZordsble ~ousing Density Bonus 6. Please complete the following tables as they apply to the proposed development. TABLZ I Total NVmber of UDi~, in DeveloPment Type of Ovner Unit Rental OCCuPied Efficiency ~ One Bedroom 80 Q . Two Bedroom 60 Three Bedroom 110 Other Bedroom 0 TOTAL ~ 0 TABLB II l~mher of Xffordable ~ousin~ Units Total Number of Proposed Use for Affordable Units Density Bonus Units, in Development Rental Owner Rental Owner Occl/Died ~ ~ODERATE INCOHE N/A N/A' N/A N/A Efficiency ,All units are proposed for use as affordable I Bedroom housing. 2 Bedroom · 3 Bedroom Other TOTAL LOW INCOHE (5~%-60% OF MEDIAN INCOME ONLY} ............ "Efficiency O ' 0 ~ 0 I Bedroom 80 0 53 . O 2 Bedroom ~O O 40 0 3 Bedroom 109 O 74 _ ~ Other O O o O TOT2L~ 249 O 167 0 Page 2 of 4 Appendix C Developer Application For Affordable Rousing Density Bonus TABLB II (Continued) Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Re~tal Owner Rental Owner ~ OccuPied VERY LOW INCOME N/A N/A N/A N/A Efficiency I Bedroom 2 Bedroom 3 Bedroom Other 7. Please provide a physical description of the affordable units by type of 'unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpsting, 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. BEE ATTACHED S. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. SEE ATTACHED Page 3 of 4 Appendix C Developer Application For Affordable Housing Density BonUs SAXON MANOR ISLEB RFFORDRBLB HOUSING DRTX 7. One bedroom unite have I bathroom each and a minimum of 500 square feet in size. Two bedroom units have 2 bathrooms each and a minimum of 700 square feet in size. Three bedroom units have 2 bathrooms each and a minimum of 900 square feet in size. Fintshinas InclVde: Carpet with vinyl floors in kitchens and bathrooms. Ver~cicals for window coverings. Standard grade electric range, refrigerator, and dishwashers. Washer and dryer hookups. Central heat and air-conditioning. Screen porches and patios.. Common Amenitiesz On-site management office. Central laundry facility. Clubhouse. Swimming pool(s). ~ulti-purpose play court(s). Tot-lot(s). Auto care center (washing and vacuuming). Volleyball court. Possibly tennis court(s). S. All 250 of the units are intended to be for the low income group (51% to 60% of median income). Maximum rents after the utility allowances have been deducted are shown below and are based on 1993 median income levels. Additionally, the i bedroom units are based on an average of 1.5 persons per unit, the 2 bedroom units are based on an average of 3.5 persons per unit, and the 3 bedroom units are based on an average of 5.5 persons per unit, per Collier County guidelines. i Bedroom - $429. 2 Bedroom - $538. 3 Bedroom - $632. These rents should easily be less than 90% of the typical rent in a similar project in the Naples area. The Florida Housing Finance Agency bases their estimated rent for Naples/Collier County on an estimate of 1.5 persons in a I bedroom apartment, 3 persons in a 2 bedroom apartment, and 4.5 persons in a 3 bedroom apartment (see attached tables}. We believe these may be more accurate family sizes for our apartments and, if correct, our maximum rents would then actually be: I bedroom - $429, 2 bedroom $506, and $581. When Collier County reviews our proposed rents against typical rents of similar projects, we feel it would probably be more appropriate to use these latest figures to compare against similar projects. Page 3 of 4 Xppendix A, Exhibit C INCOMJ XND RENT LEVELS FOR LOW AND MODERATE INCOME FAMILIES Pursuant to the Affordable Housing Density Bonus Ordinance, No. 90-89, moderate income is 81% to 100% of median income, low income is 51% to 80% of Median Income and very low-income is less ,ha. 50% of Median Income. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1991, moderate income is 61% to Se% 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. HEDIAN I~COHE 1993 $43~000 Naples, MSA (Collier County) ..~= NUMBER OF MEMBERS IN FAMILY I 2 3 4 5 6 7 8 100% 30,100.34,400 38,700 43,000 46,450 49,900 53,300 56,750 80% 24,100 27,500 30,950 34,400 37,150 39,900 42,650 45,400 60% 18,050 20,650 23,200 25,800 27,850 29,950 ~2,000 34,050 50% 15,050 17,200 19,350 21,500 23,200 24,950 26,650 28,400 Based on an average of one and two people living in a one bedroom unit, three and four people living in a two bedroom unit, 'five and six people living in a three bedroom unit, and seven and eight people living in a four bedroom unit, the allowable housing costs are shown on the chart below. Housing costs are based on 30% of the family income. Housing costs are defined as rent and utilities for rental unite. - HOUSING COSTS BASED ON 30% OF FAMILY INCOME ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM · · UNIT UNIT UNIT UNIT 100% 805 1,020 1,205 1,375 80% 645 815 960 1,100 601 485 610 .720 825 50% 405 510 600 685 =ILI ALLOWANCE 55 75 90 110 ALLOWABLE RENT WITH UTILITIES DEDUCTED '~:" 100% ·750 945 1,115 1,265 - -*- "'r.'T80% ~'590 740 870 990 60% 430 535 630 715 ", 50% 350 435 510 575 Page 4 of 4 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 copy of~ Ordinance No. 94-21 which was adopted by the Board of County Commissioners on the 5th day of April, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of April, 1994. DWIGHT E. BROCK :-. . 'a ." Clerk of Courts and Clerk ~.Q.,TAL~ ' ' ;,,~/..' ~ , ':- Zx-officio to Board of ,' County Commissioners ' .~' .'. '- : . .T~.,. ., F/ ~, B Maureen Xenyon .. /.~'ji: .. Deity Clerk ""' ' .. . ,. ., ~ ~ ~ ~. '~... .., "