Ordinance 92-020 ORDINANCE NO. 92- 20
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 T~E LAND DEVELOPMENT CODE FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 9502S~ BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS BEAR
CREEK FOR RESIDENTIAL MULTI-F~4II,Y FOR
PROPERTY LOCATED ON THE WEST SIDE OF
AIRPORT-PULLING ROAD (C.R.-31),
APPROXIMATELY I 1/4 MIL~S NORTH OF PINE
RIDGE ROAD (C.R. 896), LOCATED IN SECTION
2, TOWNSHIP 49 SOUT}:, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
8.57~ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tom Mannausa of Manasota Management, Inc.,
representing Bear Creek of Naples, Ltd.(contract purchaser)
and William Schweikhardt, Trustee, 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 County, Florida:
The Zoning Classification of the herein described real
property located in Section 2, Township 49 South, Range 25
East , Collier County, Florida,is changed from A to "PUD" :
Planned Unit Development in accordance with the Bear Creek
PUD document, attached hereto as Exhibit "A" and incorporated
by reference herein. The Official Zoning Atlas Map Number
9502S, as described in the Collier County Land Development
Code (Ordinance Number 91-102), is hereby amended
accordingly. ~
This Ordinance shall become effective upon receipt o~~
ii:notice from the Secretary of State that this Ordinance h~
been filed with the Secretary of State. ~,
PASSED AND DULY ADOPTED by the Board of County
'"Commissioners of Collier County, Florida, this 14th day of
Apr"L~ , 1992.
BOARD OF COUNTY COH~ISSIONERS
~ ' ' COLLIER COUNTY, FLORIDA
' '":
~ )
,.:. . , 0.' ,. -~)
.,~E~,....;.'..,~
C..GILE.~ CLERK IMICHAET. J E, HAIPJ4AN
· .~O.. FORH AND LEGAL SUFFICIENCY
M. Th~l ordlnQncl
COUNTY ATTORNEY
PUD-91-14 ORDINANCE
~. ~1b/6910
A
PLANNED UNZT D~¥~LOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING BEAR CREEK, A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LARD DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY GOVERNMENT
PREPARED BY:
LEWIS BROWN, JR., ARCHITECT
5?00 SW 34TH STREET, SUITE 1307
GAINSVILLE; FLORIDA 32608
904/372-3.378
DATE FILED__~_~
DATE REVISED 2110/92
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC"" 4/14/9Z
ORDINANCE NUMBER. 92-20
AMENDMENTS AND REPEAL
EXFIBIT "A"
LIST OF EXHIBITS AND TABLE ii
STATEMENT OF COMPLIANCE iii
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN 3-1
SECTION DEVELOPMENT COHMITMENTS 4-1
EXHIBIT A PUD Master Plan
EXHIBIT B Affordable Housing Density Bonus Agreement
BTATEMENT OF COMPLIANCE
The development of approximately 8.573 acres of property on
Airport Road tn Collier County, as a Planned Unit Development to
be known as Bear Creek will be in compliance with the goals,
?~ objectives and policies of Collier County as set forth in the
Growth Management Plan. The residential and recreational
facilities of Bear Creek will be consistent with the growth
policies, land development regulations, and applicable
comprehensive planning objectives of each of the elements of the
Growth Management Plan for the following reasons:
,: Residential Pro4ect
~ 1. The subject property is within the Urban Residential Land Use
~!!])i Designation as Identified on the Future Land Use Map as
required tn Objective 1, Policy 5.1 and Policy 5.3 of the
Land Use Element.
2. The subject property's location in relation to existing or
proposed community facilities and services permits the
development's residential density as required in Objective 2
of the Land Uae Element.'
3. The project development is compatible and complementary to
existing and futura surrounding land uses as required in
Policy 5.4 of the Land Usa Element.
· 4. Improvements are planned to be in compliance with applicable
land development regulations as set forth tn Objective 3 of
the Future Land Usa Element.
5. The project development will result in an efficient and
economical extension of community facilities and services as
required in Policies 3.1.H and L of the Land Use Element.
6. The project development is planned to incorporate ~atural
[ systems for water management in accordance with their natural
'~ functions and capabilities as may be required in forthcoming
~,,, regulations required by Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
7. The project ts an affordable housing project and as such
furthers the goals, objectives and policies of the Housing
Element of the Growth Management Plan.
iii
8. The project will be an Affordable Housing Development as
t defined by the provisions of Section 2.7.7 of the Land
Development Code. An Affordable Housing Density Bonus
~" Agreement shall be ex~cuted, pursuant to Section 2.7.7 of the
Land Development Code, Justifying a density bonus of 8
!. dwelling units per acre.
9. The projected density of 14 d.u.'s per acre is in compliance
with the density rating system contained in the Land Use
Element of Growth Management Plan based on the following
relationships to required criteria:
Base Density 4 d.u.'s per acre
? Less 1/Congestion I d.u.'s per acre
Affordable housing 8 d.u.,s per acre (density bonus)
Residential Infill Site_~_~_~~
Total 14 d.u.'s per acre
The subject 8.573 acre subject site times 14 dwelling units
per acre allows for a maximum of 120 dwelling units.
.o, C.51- 337
· ROPERT¥ OWNERSHIP ~ DESCRiPTiON
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 unde= the
project name of Bear Cree~.
LE~]~L DESCRIPTION
The subject property being 8.573 acres, is described as:
Section 2, Township 49 South, Range 25 East, Collier County,
Florida, LESS AND EXCEPT that portion deeded for State or
County right- of-way and/or Utility Easements, as appear in
'~ those certain deeds and instruments recorded.
PROPERTY OWNERSHIP
The subject property .is currently under the ownership of
William Schweikhardt, as Trustee of Land Trust $5259, 900 -
6th Avenue South, Suite 203, Naples, Florida, 33940, in which
Bear Creak of Naples, Ltd., Thomas J. Mannausa, CPM, as
General Partner's development company, Manasota Management,
Inc., has a contract to purchase subject 8.573 acre site.
1.4 ~Elh'ERAL DESCRIPTION OF PROPERTY
i' A. The project site is located in the West 1/2 of Section
2, Township 49 South, Range 25 East.
B. The zoning classification of the subject property prior
" to the date of thi~ approved PUD 'Document was Rural
Agricultural (A).
1.5 P~YSICAL DESCRIPTION
The site and topography are relatively flat and all drainage
shall be through on site retention lakes and swales.
Water Management for the proposed project is planned to be
the lake retention type.
1-1
All cf the subject 8.573 acre site is in floor zone X, as per
F.I.R.M.
This Ordinance shall be k~own and cited as the "Bear Creek
Planned Unit Development Ordinance."
2.~
The purpose of ~his Section is to delineate and generally
describe the project plan of development, relationships to
applicable Collier County Land Development Code (LDC), the
respective land uses of the tracts included in the project,
aa well as other project relation=hips.
2.2 ~ENERAL
A. Regulations for development of Bear Creek 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 Land
Development Code in effect at the time of building
permit application. Where these regulations fail to
provide developmental standards then the provisions of
the most similar district in the County Land Development
.. Code shall apply.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
~,' Collier County Division 6.3 of the Land Development Code
in effect at the time of building permit application.
C. All conditions imposed and all graphic ..material
presented depicting restrictions for the development of
Bear Creek 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 for any other applicable regulations,
the provisions of those regulations not otherwise
provided for in this PUD remain in full force and
effect.
· E. Development permitted by the approval of this petition
will be subject to a concurrency review under the
provisions of the Adequate Public Facilities Ordinance
No. 90-24 at the earliest or next to occur of either
final SDP approval, final plat approval, or building
permit issuance applicable to this development.
2-1
2.3. DESCRIPTION OF PROJECT PLAN~ND PRO~0SED LAND USES
A. The project ~aeter Plan, including layout of streets and
use of land for the tract is iljustrated graphically by
Exhibit "A", PUD Haster DeYelopment Plan. There shall
be one land use tract, plus necessary water management
lakes, street rights-of-ways, the general configuration
of which is also iljustrated by ExhibSt "A".
B. In addition to ~he various areas and specific items
show~ in Exhibit "A", such easements as necessary
(utility, private, semi-public, etc.) shall be
established within or along the various Tract as may be
necessary.
2.4. DESCRIPTION OF PROJECT DENBITY OR INTENSITY OF LAND USl
120 residential dwelling units, all multi-family, shall be
constructed in the total project area. The Bear Creek
Planned Unit Development is an affordable housing project as
defined in the Collier County ordinances, regulations and
standards. Attached as Exhibit "B", please find the proposed
Affordable Housing Density Bonus Agreement.
The gross project area of the Bear Creek subject site is
8.573 acres. The gross project density, therefore, will be
14 units per acre.
2.5 AHENDMENTB TO PUD DOCUMENT OR PUD NABTER PLaN
Amendments may be made to the PUD as provided in the Collier
County Land Development Code, Section 2.7.3.5.
%
2-2
SECTION III ~
3.1. PURPOSE
: The purpose of this Section is to identify specific
~., development standards for areas dosignated on Exhibits
i, attached hereto for Bear Creek as High Density Residential
~ (entire 8.573 acre site, developed in one phase).
3.2. M~XIMUM DNELLIN~ UNIT8
8.573 acres (entire subject site) to be developed with 120
total dwelling units.
The project density of 14 dwelling units par acre is in
compliance with the Future Land Use Element of Growth
Management Plan based on the following relationship to
require criteria:
Base Density 4 d.u.~s per acre
Less 1/Congestion i d.u.~s per acre
~0 Affordable Housing 8 d.u. ts per acre (density bonus)
Residential Infill Site 3 d.u.'s Der acre
Total 14 d.u.*s per acre
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:
i~ A. Principal Uses: Multi-family structure.
B. Accessory Uses:
(1) Accessory uses and structures, including:
clubhouse and leasing center of approximately 3,000
square feet.
.~ (2) Recreational uses and facilities include swimming
pool, children's playground "tot lot", aerobics
room, weight room, laundry room, leasing and
i~, management office to over see such facilit~es, etc.
.. Such uses shall be visually and functionally
~ compatible with the design of the subject property
~. and all residents will have the uss of such
facilities.
3-1
3,4. D~'V~LOPMENT
The project includes a common architectural theme.
Development standards shall be the same as those provided in
the Land Development Code unless otherwise provided herein.
A. ~ All criteria listed below shall be understood
to be in relation to respective tract boundary lines or
Between buildings.
B. ~INIMI~ YARDS= 35 feet minimum from all property
boundaries, except along the western, property line
· ... abutting the RSF-1 zoning district where the setback
shall be 50 feet. 10 feet minimum from all vehicular
travel ways or parking spaces.
C. ~INIMUM FLOOR ARF~; 840 sq. ft.: 2/1 bedroom/bath
1,083 sq. ft.: 3/2 bedroom/bath
D. MAXIMUM~EIGh-~:
(1) Principal structures: 38 feet or 3 stores above
the minimum base flood elevation.
(2) Accessory Structure: 20 feet above the minimum
base flood elevation.
E. OFF-STREET PARKING AND LOADING REOUIREMENTS
As required by Collier County Land Development Code in
effect at the time of building permit application.
Note, 2 spaces per residential dwelling unit provided by
Exhibit attached hereto of the Bear Creek PUD Site Plan
Design.
F. DISTANCES BETWEEN PRINCIPAL STRUCTURES
Shall be 15 feet'or 1/2 the sum of their heights,
whichever is greater, In accordance with the :RMF-16
requirements of the Land Development Code. Distances
between accessory structures shall be in accordance with
Division 2.6, Section 2.6.2 of the Land Development
Code.
All landscaping for the Bear Creek PUD shall be
installed at a minimum, to meet all requirements of the
Collier County Land Development Code.
3-2
BECTION IV
DEVELOPMENT COMMITMENTS
4.~ PURPOS~
The purpose of this Section is to set forth the development
commitments for the development of the project.
All facilities shall be constructed in strict accordance with
Final Site Development Plans and all applicable State and
local laws, codes, and regulations applicable to this PUD.
Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code
shall apply to this project even if the land within the PUD
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 the PUD 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.
A. Exhibit "A", PUD Master Plan iljustrates ~he 'proposed
development and ks conceptual in nature. Proposed
tract, lot or land use boundaries or special land use
boundaries shall not be construed to be final and may be
varied at any subsequent approval phase as may be
executed at the time .of final platting or site
development plan app~ication. Subject to the provisions
of Section 2.7.3.5 of the Land Developmen~ Code
amendments may be made from time to time.
B. Ail necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service util~ties and
all common areas in the project.
A. The proposed project shall be completed in one phase
4-1
(all structures, amenities and the like) for the entire
8.573 acre site and completed within 18 - 24 months from
the start date. The Bear Creek PUD shall be subject to
the Sunset Provisions, Section 2.7.3.4 of the Land
Development
B. Monitorin~ Report= An annual monitoring report shall be
submitted pursuant to Section 2.7.3.6 of the Collier
County Land Development Code.
4.5. C~TEGORIC~L DEVELOPMENT COM~IT~EI~T8
The following development commitments are hereby made a
condition of approval and requirements to he adhered to
during development of the land which comprise the Bear Creek
PUD.
4.s.~
The development of Bear Creek PUD Master Plan shall be
subject to and governed by the following conditions:
a. There shall be no additional median opening allowed
for this development due to the spacing and
proximity of existing median openings north and
south of the project site. In addition, to afford
safe turning movements for cars making U-turns from
the northbound lane, a northbound left-turn lane
shall be constructed by this developer at the
median opening immediately to the north of this
project on or before the issuance of the first
Certificate of Occupancy.
b. The driveway geometry should be revised to reflect
right-in~right-gut travel. The maximum one-way
opening allowed is 15' on each side of the. median
divider in the driveway. A southbound right turn
lane shall be an access requirement and
compensating road right-of-way dedicated to the
County as a condition of right-of-way permit
approval.
=. There is an existing bike path/sidewalk not shown
on the developer's site plan. This facility should
be incorporated into the final site plan.
Additionally, a sidewalk easement of up to 10 feet
is required so as to relocate the sidewalk outside
the drainage area and make the facility usable by
project residents on a year round basis at the
owner's expense.
4-2
d. The developer shall provide arterial level street
lighting at the project entrance.
e. All traffic control devices shall conform with the
b'. Mamual on Uniform Traffic Control Devices as
~" required by Chapter 316.0747, F.S.
~?: f. Required improvements which are site-related as
;~. defincd in Ordinance 85-55, or as Jt maybe amended,
q shall not be applied as credits toward impact fees
:~' required by that ordinance. Such improvements
shall be in place prior to the issuance of any
certificates of occupancy.
g. The developer shall provide a fair share
contribution toward the capital cost of traffic
signals at the project entrance, or at the median
opening immediately north of the project entrance,
when deemed warranted by the County. The signals
shall be owned, operated and maintained by the
County.
4.$.1 WATER MANAG~ENT
The development of this PUD Master Plan shall be subject
to and governed by the following conditions=
a. A Big Cypress Basin right-of-way permit allowing
discharge into the Airport canal shall be provided
prior to final construction plan approval.
b. Any work to be done on the existing ditch and berm
located on the west side of the property shall be
reviewed and approved by Project Review Services
Staff. Proper documentation showing that t-his work
will not affe6t the historical flow of the area
shall be provided prior to final constructi~n plan
approval.
· 4.5.3 ~
The development of this PUD Master Plan shall be subject
to and governed by the following conditions:
a. Water distribution, sewage collection and
transmission and interim water and/or sewage
treatment facilities to serve the project are to be
designed, constructed, conveyed, owned and
4-3
346
maintained in accordance with Collier County
Ordinance No. 88-76, 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-sire'water distribution system to serve the
~ project'must be connected to the District's 16 inch
water main on the west side of Airport-Pulling Road
consistent with the main sizing requirements
specified in the County's Water Master Plan and
;,/ extended throughout the project. During design of
these facilities, the following shall be
incorporated into the distribution system:
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
~/~i.i, station. Due to the design and configuration of
the master pump station, flow by gravity into the
station will not be possible. The Developer'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.
e. The existing off-site water facilities of the
District must be evaluated for hydraulic capacity
to serve this project 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 project 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
4-4
?
improved as required outside the projects boundary
to provide adequate capacity to transport the
additional wastewater generated without adverse
i~pact to the existing transmis=ion facilities.
~ g. S,wer line on-site will be privately owned and
maintained. Homeowners Association documents
be provided with the final site plan and provide
!, for the property ownership and maintenance.
i.;:! 4.s.4
The development of this PUD Master Plan shall be subject
to and governed by the following conditions=
.!. a. The developer and all subsequent petitioners are
hereby placed on notice that they shall be required
~: to satisfy the requirements of all County
ordinances or codes in effect prior to or
concurrent with any subsequent development order
relating to this site. This includes, but is not
~ limited to, 'Preliminary Subdivision. Plat, Site
~' Development Plans and any other application that
will result in the issuance of a final or final
local development order.
b. Utility easements shall be located separate from
the landscape buffer or any other easement.
However, if this easement is not for water and/or
sewer, and a letter of no objection from all
applicable utility companies is provided, then the
easement can be allowed within the landscape
buffer. Otherwise~ plans shall be revised
accordingly.
4.s.s
There are no environnental concerns on site.
~ 4.5.6 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously
with or following the construction of the principal
structures. Distances between accessory structures
shall be in accordance with Section 2.6.2 of the LDC.
4.6
All signs shall be in accordance with Division 2.5, "Signs",
of the Collier County Land Development Code.
4-5
~'~:,
All landscaping for off-street parking areas shall be in
accordance with Section 2.4.5 of the Collier County Land
Development Code in effect at tbs time of building permit
application.
4.8
Rooms shall be provided within common areas of the clubhouse
for the purpose of permitting residents within the PUD to
vote during all elections. The number and location of needed
rooms shall be determined by the Collier County Supervisor of
Elections. An agreement reflecting the above shall be
entered into, and recorded in the Official Records of the
Clerk of the Circuit Court of Collier County and shall be
binding upon any and all successors in interest that acquires
ownership of such common areas.
4.9
a. The petitioner shall provide along the westerly property
line a landscape buffer in accordance with Section
2.4.7.4 Alternative "B" of the Collier County Land
Development Code, and shall designate that on the PUD
Master Plan.
b. The petitioner shall remove the Brazilian PepPers and
provide a six foot (6') high wooden fence with
landscaping on both sides of the fence on the west side
of the property.
c. Construction traffic shail not be allowed to access the
property via Anthony Circle and further no
interconnection shall be allowed between Bear Creek and
Anthony Circle to the west.
d. The plan of development authorized by this approval
shall be carried out directly by the person, firm or
corporation listed in the application, as provided
further in the Affordable Housing Bonus Density
Agreement attached hereto as Exhibit I.
e. The person, firm or corporation who undertakes the
development herein contemplated shall not apply for
abatement or reduction in applicable impact fees based
on current Impact Fee Ordinances.
f. The proposed tot lot shall be fenced and gated.
BEAR CREEK PUD/md
4-6
April 1, 1992
BEAR CREEK AGREEHENT
RENTAL
THIS
1992, by and between ~
~ "Developer") and the Collier County Board of
County Commissioners (the "Commission").
RECITALS=
A. The Developer o~s a tract of real property described
as (complete legal description) ~
(The "Property"). The legal and equitable owners include __
:~ It is the Developer's intent to construct a maximum of 120
residential units (the "Units") at a density of /4 units per
gross acre on the Property· The gross acreage of Property is
8.57 acres. The number of affordable Units constructed by
·
Developer shall be 119, representing 99.2% percent of the
:
total number of residential Units in the development.
· '~ B. In order to construct the Units, the Developer must
i~i'" 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
limitat~ons of said Ordinance.
C. The Commission is willing to grant a density bonus to
the Developer authorizing the construction of 69 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 only as rental property·
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
NOW; TREREFORB~ in consideration of the approval and
granting of the density bonus of 8 units per acre requested
by the Developer and the'benefits conferred thereby on the
Property, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
De%eloper and the Commission hereby covenant and agree as
1. Reaitals. The above recttal~ are true and correct and
are incorporated herein by reference.
2. Developer Agreements. The Developer hereby agrees that
· it '~hal~' ~onstruct 119 affordable Units which Units shall be
rented in accordance with the terms and conditions of this
A~em6'nt and as specified by 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 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 an~ the
dwelling Units.
a. The following provisions shall be applicable to
ii~ 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 developmenC
plan; or (b) in developments where phased construction is not
depicted on a PUD master plan, subdivisio~ master plan or site
development plan, the construction of buildings or structures in
BEAR CREEK AGREEMENT
RENTAL
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
affordable Unite shall be in accordance ~lth 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 iow 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 ae sho.wn on
the tables attached hereto ae 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) El~gibility and Qualification of Tenant.
Family ~ncome eligibility is a three-step process= 1) submittal
of an application by a prospective tenant~ 2) verification of
family lncome~ and 3) execution of an income certification form.
Ail three steps shall be accomplished prior to a tenant being
qualified as an eligible family to rent and occupy an affordable
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
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 ~6vel 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
obtalning income certification for all affordable units in the
subject development. All applications, forms and other
documentation required by this Agreement shall be provided to tho
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) ~pplication. A potential tenant shall
apply to the developer, owner, manager, or agent to q~alify ms 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 Appendi~ B,
Exhibit A, attached to this Agreement and incorporated by
reference herein.
(b) Income Verification and Certification.
No affordable housing Unit in the development shall be 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) Income Verification. The Developer
,!i~ehall 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
April 1, 1992
BEAR CREEK AGREEHENT
RENTAL
era1 income tax return for the potential occupants (including
entire household) may be used for the purpose of income
.on, if attached to the Affordable Housing Applicant
!~ .,
Income ~ification form, which includes~a statement to release
tenant verification of the return, and a signature
bl~ck with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon
~iration of the' 90 day period, the infor~ation may be verbally
from the original sources for an additional 30 days,
it has been documented by the person preparing the
°riginal 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. ~ncome certification shall assure
that the potential occupant has a low or very low household
I 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$
(iii) the term of the lease~
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
(iv) the rental amount;
(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 contai~ing 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) DlequaliZication of Tenant. In the event
that tenant qualification is not subsequently confirmed by the
'~gusing and Urban Improvement Director or his designee, then such
ant shall be required to vacate the affordable unit. If
%chant vacation of the affordable unit is the result of an error,
or misrepresentation made by Developer, tenant shall
the affordable unit within thirty (30) days and Developer
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
fifty dollars ($50.00) per day unless a written extension not to
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
exceed thirty (30) days is requested prior to expiration of the
sixty (60) day submission deadline. No more than one such
extension may be granted in a single year. The progress and
r, monitoring report shall be in a form pr~ided by the Housing and · Urban Improvement Director.
(7) Occupancy Restrictions. No Affordable Unit
in any building or structure on the Property shall be occupied by
the Developer, any ps=sun related to or affiliated with the
or by a resident manager.
3. Dsnsit2 Bonus. The Commission hereby acknowledges that
Developer has met all required conditions to qualify for a
bonus, in addition to the base residential density of
units per acre, and is therefore granted a density bonus of
density bonus units per acre, for a total (total - density
units per acre X gross acreage) of ._~__ density bonus
:s, pursuant to Collier County Affordable Housing Density
.. ~Bo~us Ordinance No. 90-89. The Commission further agrees that
Developer may construct thereon, in the aggregate a maximum
'~1 er of _~_ units on the Property provided the Developer is
e to secure building permit(s) from Collier County.
4. Commission Agreement. During the term of this
Agreement, 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 the Collier County Affordable Housing Density Bonus
Ordinance to rent, sell or occupy, or attempt to rent, sell or
py, an affordable housing rental unit provided under the
affordable housing density bonus program except as specifically
)ermitted by the terms of this Agreement~ or to knowingly give
i~false or misleading information with respect to any information
or requested by the Housing and Urban Improvement
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
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. T~e method of enforcement
for a breach or violation of this Agreement shall be at the
option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Not~os of Violation for Cods Enforcement. Board
Proceedings. 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-delivery to the
person or developer in violation of the Ordinance. The Notice of
Violation shall be in writing, shall be s~gned 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 violat~on 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
~n the Not,ce 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 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 Board.
c. Certificate of Occupancy. 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
--8--
BEAR CREEK AGREEMENT
RENTAL
until the entire project is in full compliance with this
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
ipublic 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 al~ or parc of its duties, obligations, or promisos
~....under this Agreement to any successor in interest to the Property
without the express written consent of the Commission, which
~consent may be withheld for any reason whatsoever. Any attempt
to .assign the duties, obligations, or promises under this
Agreement to any successor in interest to the Property without
~!f. the express written consent of the Commission as required by this
Section shall be void ab initio.
7. Seversbllity. If any section, phrase, sentence or
of this Agreement ia for any reason held invalid or
,:~. Lmconstitutional by any court of competent Jurisdiction, such
poK~ion shall be deemed a separate, distinct, and independent
provision, and all' other provisions shall, remain effective and
i~:: binding on the parties.
8. Notice. Any notices 'desired or re'ired to be given
~i' t~der this Agreement. shall be in wri=lng and shall either be
· personally delivered or shall be sent by mail, postage prepaid,
to the parties at the following addressesl
" To the Commission: Housing & Urban Improvement Dept.
3050 N. Horseshoe Dr., Suite 158
Naples, Florida 33942
To the Developer: Bear Creek of NaPles. Ltd.
(~ii ~anasota~anagement, Inc. General Partner
CIO Thomas J. Mannausa.
~ ~ ~700 S~ 34~h Street, Suite 1307
Gainesville. FL
Any party may change the address to which notices are to bm sent
by notifying the other party of such new address in the manner
eat forth above.
9. Authorit~ to Monitor. The parties hereto acknowledge
April 1, 1992
BEAR CREEK AGREEHENT
RENTAL
that the Director of Collier County Housing and Urban Improvement
or his designee shall have the authority to monitor and enforce
Developerts obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect,
defend, indem~ify and hold Collier County and its officers,
employees, end agents harmless from and against, any and all
claims, penalties, damages~ losses and expenses, professional
fees, ihcluding, without limitation, reasonable attorneyts fees
and all costs of litigation and Judgments arising out of any
claim, willful misconduct or negligent act, error or om~ssion, or
liability of any kind made by Developer, its agents or employees,
arising out of or incidental to the performance of this
Agreement.
11. Covenants. The Developer agrees that all of its
obligations hereunder shall constitute covenants, restrictions,
and conditions which shall run with the land and shall be binding
upon the Property and against every person then having any
ownership interest at any time and from time to time until this
Agreement is terminated in accordance with Section 14 below.
However, the parties agree that if Developer transfers or conveys
the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce
the terms hereof shall look solely to Developerts successor in
interest for the performance of said obligations.
12. Recording. Th~s Agreement shall be recorded at
Developer's expense in the official records of Collier County,
Florida.
13. Entire Agreement. The parties hereto agree that this
Agreement constitutes the entire Agreement between the parties
hereto and shall inure to and be binding upon their respective
heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be
restricted to remain and bQ maintained as the type of affordable
housing rental unit (low or very low income) designated in
accordance with this Agreement for at least fifteen (15) years
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
the date of issuance of a Certificate of occupancy for such
ii'~unit. After fifteen years this Agreement may terminate upon a
date mutually agreed upon by the parties end stated in writing.
15. Mo~fioation. Th~s Agreement~ shall be modified or
amended only by the written agreement of both parties.
16. Dlsor~m~nation.
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
~!~i origin, familial 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 ~nformation to any person who
is interested in renting or purchasi~g such affordable housing
'unit.
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 Ho~sing
Density Bonus.
e. 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
i~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 amenities as described in item number seven
of the Developer Application for Affordable Housing Density
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
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 rats un'ts and affordable units
ars the same within each phase and provided that in no event may
a market rate unit or affordable unit in any phase contain
physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to
which the Developer has committed for the total development shall
be maintained in each phase and shall be constructed as part of
each phase of the development on the Property. Developer commits
to _~percent affordable housing units for this
project, with ~ percent of the units in each phase as
built consisting of affordable units.
18. Disolosure. 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 effegt at
the time of development. Subsequently adopted laws and policies
shall apply to this Agreement and to the development to the
~' ~ extent that they are not in conflict with the number, type of
affordable housing units and the amount of affordable housing
density bonus approved for the development.
20. Affordable Housing Density Bonus Dovelopmen~ Agreement.
This Agreement is a distinct and separate agreement from
development agreements as defined by Chapter 163.3220, Fla. Stat.
(1989) and as amended.
21. Preappltcatton. Developer has executed and submitted
to the Development Services Director the Developer Application
for Affordable housing Density Bonus, a copy of which is attached
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
~'to this Agreement as Appendix C and incorporated by reference
herein.
22. aoverning Law. This Agreement shall be governed by and
construed In accordance with the laws of t~he State of Florida.
23. Further ~ssuranceso The parties hereto shall execute
and deliver, in recordable form if necessary, any and
documents, certificates, instruments, and agreements ~hich may be
reasonably required in order to effectuate the inteht 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
COLLIEHCOUNTY, FLORIDA
Bear Creek~f Naples, Ltd.,
a Florida ~i~ited PartnerShip
General Part, er:
Thomas J. ~a~sa, Registered Agent
for Manasota Management, Inc.
1343 Main Street, Fifth Floor
Sarasota, FL 34236
as to form and
~legal sufficiency=
No
nt County Attorney
- 13 -
April 1, 1992
BEAR CREEK AGREEMENT
RENTAL
STATE OF FLORIDA )
"COUNTY OF. ~ I ss.
The foregoing Agreement Authorizing A~fo~dable Housing Density Bonus
And Imposing Covenants And Restrictions On Real Property was
acknowledged before me by Thomas J. Mannausa .
WITNESS my hand and official seal this~9~ day of
My Commission Expires: ~--------~6)Hotary PubliC' . ,
Appendix A, Exhibit A RENTAL
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME
I. Efficiency _ 0 0 _ ~__ 0
1 Bedroom 0 9 ~ ~
2 Bedroom ~ 72 0 $465
3 Bedroom 0 47 9 $~45
4 Bedroom ~ ~ 0 ~
VERY LOW INCOME
¥ Efficiency
i Bedroom
:: 2 Bedroom <2 9 0 Q
~' 4 Be~oom ~ ~ Q Q
(1) Base residential density allowed ~n this developmen~
? ~ un,ts/acre.
(2) Gross acreage 8.573 .
(3) Maximum n~er of affordable housing density bonus un,ts
allowed ~n this development pursuant to Section 7
Ordinance 90-89. ~ un,ts/acres.
(4) Gross residential density of th~s development (~nclud~ng
affordable housing density bonus units) 14
u.~ts/acre.
(5) Percentage of affordable units pledged by the developer
(as a percent of the total number units ~n the
development) 99 ~ 2%.
Page I of 4
Appendix A. Exhibit B
AFFORDP, B~ EoU~TN(~ DENSITY BON~ R~T~N(]
Section 7, Ordinance No. 90-89, provides for calculation of a
density bonus for developers pledging to construct affordable
units within their development. In¢lude~ln 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 basod 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 shown in Table A. Then, referring
again to Table A, choose the nu~her 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 will indicate the
maximum n-~er 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 1/10th 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 shall be calculated separately in Table 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.
Paae ~ of..4
LEVEL
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
MODERATE (OWNER-OCCUPIED, 0 1' 1'
SINGLE-FAHTLY)
LOW (OWN~R-OCCUP~.O OR RE~TAL 2 a 4
SINGLE-FAMILY OR MULTI-
FAMILY)
~ER¥ LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR MULTI-
FAMILY)
*For cjuster housing developments in the Urban Coastal Fringe,
add i density bonus to obtain 2.
T~BLI BI ~FPORD~BL! ]lOUSING DENSIT]~ BONUS
AFFORDABLE HOUSING
I 0 0 I 2
2 0 I 2 3
3 2 3 4
4 3 4 5 7
5 4 5 7 8
Please calculate ~our densit~ bonus in the space provided below.
&ttaoh a~ditional pages i£ neceesar2.
Two Bedroom units built for low income families provides an
affordable housing density bonus rating in Table A of three.
Seventy-two (72) two bedroom units designated as affordable
divided by 120 total units in the development equals sixty (60%)
percent. This provides a bonus of 5 units per acre.
Three bedroom units built for low income families provides an
affordable housing denisyt bonus rating in Table A of four.
Forty-seven (47) three bedroom units designated as affordable
divided by 120 total units in the development equals thirty-nine
and two tenths (39.2%) percent. This provides a bonus of 6.84
units per acre.
Five units per acre for two bedroom units plus 6.84 units per acre
for three bedroom units totals 11.84 units per acre. This is in
excess of the maximum eight units per acre.
Page 3 of 4
Appendix A, Exhibit C
;mcoMs ~ .z~ ~vzLs zoa MODn~?Z ZNCO~Z~
~rsuant to ~e Affordable Housing Density Bonus Ordinance, No. 90-89,
moderate ~ncom~ ~s 81% to 100% of Median Income, low Income ts 51% to
80% of median income and very low-~ncome Is less than 50% of median
MEDI~ INCOME 1991
$40,000 Naples, MSA (Collier County)
I 2 3 4 5 6 7 . 8
100% 28~000 ~2,000 36,000 40,000 43,200 46,400 49~600 52,800
80% 22,400 25,600 28,800 32,000 34,550 37,100 39,700 42,250
60% 16,800 19,200 21,600 24,000 25,920 27,840 29~760 31,680
50% 14,000 16,000 18,000 20,000 21,600 23,200 24,800 26,400
~.Based on an average of one and two people l~vLng ~n a one bedroom
un~t, three and four people l~v~ng in a two bedroom unit, f~ve and six
people l~v~ng in a three bed room un~t, and seven and s~ght people
l~ving ~n a four bedroom unit, the allowable housing costs ars shown
on the chart below. Housing costs are based on the 30% of the family
~ncome. Housing costs ars defined rent and utilit~es for rental
units.
HOUSING COSTS BASED ON 30% OF FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 750 950 1,120 1,'280
80% 600 760 896 1~024
50% 375 475 560 640
UTILITY
55 75 90 110
ALLOWABLE RENT WITH UTILITIES DEDUCTED
80% 545 685 806 914
50% 320 400 470 530
Page 4 of 4
B, Exh£b£t A
PI~'LTHTNA~y APPLICATION FOR AFFORDABLE ~:)USXNO UNXT
Names R&ce/N&tionel Origins HsndicAps Yes No__
Nmuet R&ci/Nstional Or£g£ns HlndiClpl Yll No__
Street City state zip Telephone #
Landlords How Long At th£l Addrellt
Addreast
Street City State Z£p Telephone ·
Street City State . Zip Telephone ·
Leadlord*e N~me, Address, Telephoner
N~mo~ Addrell~ Telephoner
with Present: ~nployer, ~ob Title.
Hourly $. WeeklM ~ EveL~ 2 Weeks S.~ Honthl¥ S
SecurttM ~unbers Birth dates
]beployer°B Name, Add~eoe, Telephones
Zmployer'l Name~ AddFell~ Telephoner
.with Present Employers ~ob Titles
Hourl~ $, Weekl~ S EveL~/ 2 Weeks $~ ~onthl~ $,
N~n3:~lr~ Birth dates
Zmployer's Name~ Addre.s, Telephone~
with PrevAil ~mpl~ir~ Job Tltlel
Addreeos Ho~ Longt~
' Addreaes How Longs._____.__.__
Loan Savingo~Checking.
3 Additional Cred£t Referenceez
Cityt__
B, Exh£b£t B
A~ORD~BL~ HOUSZNO ~PLZC~NT INCOH~ V~RZ~ZC&TZON
&ddrese~
~ a~l~ca~on for an apar~men~ a~ apa~men~..
~:docXa=e and reveal a~ of ~ s~=ce8 of ~nc~e.
· ~rl tha~ to leave ~t, ~Lt or fa~ to re~r~ my a~oetl or fo~. of Lnc~ from
~IW. ~Lngly fals~yLflg ~nfo~atlon on 2h~ ~o~ ~e cause for refusal o~ occupancy.
ce~f~ tha~ th~e w~lX be ~ ~anent residence and the2 I have no other aee~s~ed
that this information is for the purpose of co~put£ng my annual lncom~ to
· y qualification to rent/buy an affordable housing unit. I understand that
to surrender ~y o~ne~sh£p or rights or claimed property, p~ne£one or
~ppl~can~ Co-Tenant
~un~ Fre~oncy
ReceLved
Wages/Sa~
~nusos
~ntereo~ ln~ S S $. $
~r~'s ~nsatLon S S $, $
· ~lal ~e~rtty Dls~illty $. $ $ $
.:F~lly Assistance
Veterans Benefits $ S $ S
Wides Benefits S. S S
~Onion Bene~i~. S, S $ S.
Union PonsLon S. S
felf-~l~nt Busimess,
~lvato ~r~e ~s~
Pleale att&ch l~lt of all o~he~ Iou~cel of Xnc~e for enkXre houlehold.
'ION HEltE REQUESTED MAY TAKE THE FOl~! OF THE NeST RECENT YEAR'S FEDERAL XNCOHX
FOR BACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT,
MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL
INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN
ION FOR TENANCY IN AFFORDABLE HOUSINO UNIT.
" fl51 370
,,: Page 2 of 7
B~ Exhibit B
AFFO!qD&BLE HOU$1~NO APPLICANT I~NCOH~ VE~IIFICXTIO~
f
Telephone Number=
[, hereb~ a~horize ~he release o~ ~n~o~a~lon re~e~t~ on
' AppL~cafl~ . '
~:'~DA )
~ ~ and official seal this day o~ , X991.
Ve~i£icaZiont
O~osa Annual Xncoe~ or Rate of PaMI $
OfH~rl WO~kOd (#eekl¥)t
of Payt
Of BOnUlel, TIpl~ o~ o~her Coml~nla~lon Reoeivedz ~. $,
Hon~hly ~nually
Su~Anor
~R~A )
OF~X~ }
vis &c~ledged befo:e ~ b~ .
~ h~d and official leal this __day of _, X991.
Notary PubLic
Expires~
_%'ERIFICATXON NZRE R~QUESTED HAY TAKE T~E FORH OF THE HOST RECENT YEAR'S FEDEI~AL lHCO~
FOR EACH OCCUPANT t~HO HAS FILED A~D WELL OCCUP~ THE AFFOI~DABLE UNIT.
Page 3 o~ 7
hereby verl£y that the £eder&l £ncoms tax return supplied
Applicant ~
.:~1 · true and correct COl~ o£ the return £11ed by me for · (Year)
rLORXDA )
) Il.
· FORL~O~:HO wan ac~l~q~ ~ore M by .
~ h~d and official seal this ~ day o~ ~, 1991.
MUST B~ ~I~CUTED FOR ~ACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO TI~ ANNUAL
ZNCON~. FAZLUI~ TO P~PORT ALL 8OURCES OF HOUSEHOLD ZNCOI4~e WILL IIXSULT IN
FOR TENANCY :I1~ AFFORDABL~ HOU$INC~ UNIT.
B, ~xh£b~t: B
~ Street. city State
Telephone
he~eb~ authoclse ~he =eleaee o£ ln£o~n&tion tequel~ed on
Co-~en&n~
form.
.O~COLL2Z~ )
'FORI~OXNGwa8 acknowledged be£o~e me by ·
!~mTha~d,~ndof£LcLal seal thLs__a-~ of ., 1991.
l~ota~ Public
Ix~l~e.,
Ve~l£1cation~
OroeeAnnu&l Income or Ra~e of Pay: ~
o£ Payt,
Bonuge8~ TLpe~ oF o~bo~ Ccenpenoa~lon Receivedt ~ $
~oflthly ~nnually
Supe~vieor
O~COLLlZR )
my hand &nd offAclal seal thio__, day of __, 1991.
Nota=y Public
'ION HERE REQUESTED ~AY TAKE THE FORH OF THE NOST RECENT YEAR'S FEDERAL INCOHE
FOR EACH OCCUPART WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
Pa~e S o£ ?
B, texh.Lb£t B
~
~ ~R ~ ~ ~O ~S F~D ~ WI~ ~PY THE AFFO~ABLE UNIT.
hereby verify tha~ ~he fe~e=l~ lnc~e ~ax return luppl~ed
CO-Tonan~
t~e ~nd ~rre~ co~ o~ the return filed by me for .
(~ea~)
~XDA )
OF ~ZER )
was ac~l~ged ~ore'~ b~ .
~ h~d and offlo~al leal th~e day of
MUST BE F.X~CUTED FOR r. ACH OCCUPANT OF TH~ HOUSEHOLD NItO CONTRZBUTED TO THE ANNUAL
~COM~. FAZLUR~ TO P~PORT ALI, 8OURCEq OF HOUSEHOLD TNCOH~ NILL RESULT IN
FOR TL~ANCY IN AFFORDABLR HOU~ZN(3 UNIT.
Page 6 of 7
~FFORDhBL~ HOUSIHO
Of UnLt to b~ Rantedt
led Co-Tan&ut CartLfLcat~oe. ! ce~L~y thl~ the ~nfo~on p=ov~d~ ~n the
~h~ L~ I furnLah f~lse or ~nc~plete ~n~o~at~on on m~ ~ppl~ca~Lon, ~nc~
lt~on o= ~c~ ce~Lf~c~tion fo~ thlL F]oc~da la~ and ~lllec
for I f~ne of up ~o $500.00 ~ v~olation, oc ~=~lon~nt
~d thlt Z ~ ~ =e~=~ to vaclte the i~fo=dablo unit.
~d that ch~gel In ~ ~nc~ which may affect my ~al~f~cat~on as a tenant eligible
,~ afford~le rental unL2 ~n this develo~ent must ~ ze~ to the pa~ rel~nl~ble
that ~ ~c~ ~et ~ verified and cer~t~ each ~ea~ u~n rental o~ ~ leaee
t~ ~a~lure to c~lete annual ~nc~ verSa,cat,on and ~nc~ ce~ca~o~
o~ the afford~le unit.
Date
) il.
o~ coLL~ZR }
~:)I~GOZN(3 w~fl acknowledged before me by .
my hand and of£Xclal aaa]. this -- day of __, 1991.
Not aL~ Public
Date
I~OR~DA }
wag acknowledged before me by .
hand and official lea~ this -- day of __, 1991.
]~otary Public
,oo, 051. :375
..." APPENDIX C
· Developer Application For Affordable Housing Density Bonus
Appendix C
Deve2ops~ Xpplication For A££ordabls Housing 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;
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 ~ and if the
request has been approved, state the Ordinance number _~ .
3. Gross density of the proposed development. ~ units/acre.
Gross acreage of the proposed development. ~ acres.
4. Ara 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. ~ PUD
Name of applicant__~~~~
Name of land developer if not the same as applicant ~
Boo, '
Page I of 3
Appendix C
Develope= ]%pplication For Affordable Rousinq Deneit~ Bonus
6. Please complete ~he following tables as ~hey apply to the
proposed development.
T~LB X Tgtal ~,m~er of Units In DeveloDmen~
~ficien~
one Be~oom
· ~ Be~oom
~ee Be~oom ,, 47
T~ 119 1
~ TABL3 ZZ Number off Xf£ordable Nousin~ Units
Total N-~her of Proposed Use for
Affordable Units Density Bonue Units
in Development
Rental Owner Rental Owner
?~ Occucied Occupied
MODERATE INCOME
'~' Efficiency O 0 0 0
I Bedroom , Q 0 O .,. Q
2 Bedroom ~ 0 ~ ~'
J.~ 3 Bedroom 0 0 ,, 0,. ~
Other 0 O , ,, 0 0
LOW ZNCOME
Efficiency 0 0
I Bedroom
2 Bedroom 72 ,,
3 Bedroom 47 , 1 ., ,47 0 , ,
Other ~ ~ ~ 0
TOTAL
Boo, fl51 ,o 378
Page 2 of 3
Appendix C
Developer Application For Affordable Housing Density Bonus
TABLZ II (Continued)
Total Number of Proposed Use for
Affordabl6 Units Density Bonus
in Development ~Units
Rental Owner ~ Owner
OccuPied QccuD~ed
VERY LOW INCOME
Efficiency 0 . 0 0 . . 0
I Bedroom 0 9 _ .0_ ~
2 Bedroom ~ 0 ~ ~
3 Bedroom 0 ~ 0 0
Other 0 , , 0 0 0
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
U~it (carpeting, tile, vinyl flooring); window treatments;
appliances provided such as washer/dryer, dishwasher, stove,
refrigerator; bathroom amenities, such as ceiling exhaust fans; and
any other amenities as applicable. Attach additional pages.
8. 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.
ii/! Bear Creek Apartments consists of a total on one-hundred twenty
apartments for low income families..There are seventy-two two
bedroom/one bath apartments, forty-eight three bedroom/two bath
apartments, and a clubhouse with an attached manager's apart~.ent.
The clubhouse is one story, all apartment buildings are three story.
The clubhouse will include offices, a kitchen, gathering room, rest
rooms, laundry, exercise room, and children~e day care facility.
Site amenities include a swimming pool, tot lot, and picnic tables.
The construction of the buildings is concrete slab on grade w~th
wood frame bearing walls finished in stucco and vinyl. The roof
strx/cture is of pre-engineered wood trusses, plywood deck, and
shingles. Above grade floors are also pre-engineered trusses,
· plywood deck, and gypcrete. Flooring includes vinyl tile at the
~ foyer, kitchen, dining room, utility, and bath. The rest of each
apartment will be carpeted. The walls are to be painted g~psum
.:'~ board and ceilings are to be of acoustic spray over gypsum board
::~:';:;.,~;:,~with the exception of ceilings in the kitchen and bathroom which
will have a painted semi-gloss finish. Each kitchen will include a
range, vented range hood, frost free refrigerator, dishwasher,
disposal, and microwave. Bathrooms will have vented exhaust fans,
': ceramic tile tub surrounds, and medicine cabinets. Each uni= will
~,.~ be centrally heated and air oonditio~ed.
Page 3 of 3
STATE OF FLORIDA
OF COLLIER
I, JAMES C. GILES, clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing iea true copy of:
Ordinanca No. 92-20
which was adopted by the Board of County Commissioners on
the 14th day of April, 1992, d~rlng R~gular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
day of April, 1992. ..: ..'.
. ..,~: .* :.,..
Clerk of Courts and Cle~..''*.
Ex-offlc/o to Board of'~:." . * '* ".~
Count~ Commissioners.
Deputy Clerk