Ordinance 92-081 ORDINANCE 92- Sl
~.~%~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
/~./~m,--,~-~O.~ THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
/~'- ~INCLUDES THE COMPREHENSIVE ZONING REGU~%TIONS~..~'ii
/2 ~ ~ ~OR THE UNINCORPORATED AREA OF COLLIER COUNTY, ~.~' z= ~1
/~ . ~ ~,~ ~LORIDA AND AMENDING THE OFFICIAL ZONING ATLAS '~
\~ ~ ~ ~LASSIFICATION OF THE HEREIN DESCRIBED REAL
~--H:0~ ~OPERTY LOCATED ON THE NORTH SIDE OF DAVIS
~---~ BOULEV~dtD, APPROXI~TELY 1~3 MILE WEST OF :.~:
COUNTY B~dtN ROAD, IN SECTION 6~ TOWNSHIP 50
SOUTH, R~dqGE 26 EAST, COLLIER COUNTY, FLORIDA~
CONSISTING OF 19.86 ACRES~ PROVIDING FOR THE
REPEAL OF ORDINANCE ~C~rMBER 91-18, AS AMENDED~
FORMERLY KNOWN AS THE PELIC~dq LAKE PUD; AND BY
PROVIDING ~dq EFFECTIVE DATE.
WHEREAS, Bil~ Hoover of Butler Engineering, Inc.,
r~presenting Rockwell Gust of J.R. Properties, on behalf of
Jayell Company, petitioned the Board of County Commissioners for
substantial amendments to the Pelican Lake PUD including changing
t~e zoning classification of the herein described real property;
and
WHEREAS, on September 10, 1991, t~- Board of County
Commissioners held a p~blic hearing on said zoning petition and
voted to deny the proposed PUD amendments; and
WHEREAS, on October 10, 1991, Rockwell Gust, J.R. Properties
filed a lawsuit in Collier County Circuit Court (Case No.
91-3548-CA-01-HDH) challenging the denial of the proposed PUD
amendments; and
WHEREAS, on April 20, 1992, the Circuit Court found that Gust
was entitled to the proposed PUD amendments and entered an Order
reversing the Board of County Commissioner's denial and ordering
the Board of County Commissioners to take final action on .the
proposed PUD amendments consistent with the Court's Order; and
WHEREAS, on July 8, 1992, the Board of County Com~ssion~s
filed a Petition for Writ of Certiorari in the Secon~d~.~ Dis~ct
Court of Appeals for the State of Florida (Case No.~' 92~508)._.
seeking to reverse the Order of the Circuit Court; an ,d~.~
WHEREAS, on October 9, 1992, the Second District C~urt of
Appeal entered an Order denying the County's Petition for Writ of
Certiorari, per curiam, with no wri'tten opinion, thereby affirming
the Order of the Circuit Court; and
WHEREAS, on October 27, 1992, the Board of County
Commissioners held a public hearing and voted to approve the
proposed PUD amendments solely as a result of the Court Order.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The zoning classification of the herein described real
property located in Section 6, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "PUD" to "PUD" Planned
Unit Development in accordance with the PUD Document, attached
hereto as Exhibit "A" which is incorporated herein and by
reference made part hereof. The Official Zoning Atlas Map Number
606S, as described in Ordinance Number 91-102, the Collier County
Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 91-18, as amended, known as the Pelican Lake
PUD, adopted on February 12, 1992 by the Board of County
Commissioners of Collier County 'is hereby repealed in its
entirety.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~/"6 day of ~~__, 1992.
~T~-.~EST: . .£~'."~:~ BOARD OF COUNTY COMMISSIONERS
.-'UAJ4ES C~'.:~iLE~, CLERK
COLlieR C~UNTY, _FLORIDA
.'-×..,'t · --'
~.-~:" . ,, ,,., ,,
\J
AIr,PROVED A$'~TO FORM AND * Pursuant to Circuit Court
LEdAL SF~FYCIENCY Order as described herein
MA~JfiRiE M. STUDENT This ordlnonce filed .with the
ASSISTANT COUNTY ATTORNEY Se.~r~tary of.,S!ote's_Offl¢~e-~
and c~know Fedge me t~.~.~ that
iml
OSPREYS LANDING~
A PLANNED UNIT DEVELOPMENT
PREPARED F(J[R: ~ '-
J R PROPERTIES
P.O. BOX 846
NAPLES, FLORIDA 33939 ..
PREPARED BY:
BUTLER ENGINEERING, INC.
1645 COLONIAL BOULEVARD
FORT MYERS, FLORIDA 33907
DATE FILED ~.~.~
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 10/27/92 __
ORDINANCE NUMBER 92-81
EXHIBIT "A"
OSPREYS LANDING PUD
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES i
STATEMENT OF COMPLIANCE ii
SECTION I '. PROPERTY OWNERSHIP AND DESCRIPTION 1
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 3
SECTION III MEDIUM DENSITY (LOW RISE) RESIDENTIAL GUIDELINES 7
SECTION IV DEVELOPMENT REGULATIONS 10
SECTION V GENERAL DEVELOPMEN ~ COMMITMENTS 12
LIST OF EXHIBITS AND TABLES
-EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN
EX~I'BIT B LOC~TION MAP
EXHIBIT C BOUNDARY SURVEY (Signed & Sealed)
~X~IBi'T D ~EXISTI~G LAND USE/VEGETATION MAP
EXHIBIT E -TOPOGRAPHIC/SOILS MAP
EXHIBIT F AERIAL PHOTOGRAPH
EXHIBIT G SERVICES AND SHOPPING FACILITIES MAP
151
STATEMENT OF COMPLIANCE
The development of approximately 19.86 acres of property in
Collier County, as a Planned Unit Development to be known as
Ospreys Landing will be in compliance with the planning goals and
objectives of Collier County as set forth in the Comprehensive
Plan. The residential and recreational facilities of Ospreys
Landing will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning
objectives for the following reasons:
1. The subject property is within the Urban Residential Land
Use Designation as identified on the Future Land Use Map as
. required in..ObJective l, Policy 5.1 and Policy 5.3 of the
Future 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 Future Land Use Element 5.3. The project development
is compatible and complementaL-y to ~cisting and future
surrounding land uses as required in Policy 5.4 of the
Future Land Use Element.
4. Improvements are planned to be i~ compliance with applicable
forthcoming land development regulations as set forth in
Objective 3 of the Future Land Use Element.
5. The project development will result in an efficient and
economical extension of community facilitSes and services as
required in Policies 3.1.H and 3.1.L of the Future Land Use
Element.
6. The project development is planned to incorporate natural
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 projected density of 8.86 dwelling units per acre is in
compliance with the Future Land Use Element of the Growth
Management Plan based on the following relationships to ....
required criteria:
Base Density +4 dwelling units/acre
Within Traffic Congestion Area -1 dwelling units/acre
Affordable Housing Density Bonus +8 dwelling units/acre
Maximum Permitted Density +11 dwelling units/acre
ii
152
8. Ail final local develogment orders for this project are
subject to the Collier County Adequate Public Facilities
Ordinance.
iii
153'
SECTION ONE
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PD-RPOSE
The purpoze 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 Ospreys Landing.
1.2 LEGAL DESCRIPTION
The subject property being 19.86 acres, is described as:
The East Half of the Southwest Quarter of the Southeast
Quarter less the Southerly 75 feet thereof for State Road
Right-of-Way, in Section 6, Township 50 South, Range 26
East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Jayell Company and Peter C.
Cook, joint tenants. ~ ~ ~
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is lokated on the north side of
Davis Boulevard (SR 84), approximately 1/3 mile west of
County Barn Road.
B. The Pelican Lake PUD is proposed to be renamed to the
Ospreys Landing PUD with approval of this PUD
amendment. The zoning classification of the subject
property prior to the Pelican Lake PUD was Agricultural
(A-2).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Basin of
Water Management District Number 6. According to the most
recent water management 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 from the existing swale system adjacent to Davis
Boulevard, south by way of an existing culvert pipe, further
south by way of an existing canal toward Control Structure
No. D6-S-1. Ultimate discharge is into the Lely Canal.
Water Management for the proposed project is planned to be
6f the lake retention type. The proposed lake is
approximately 3.5 to 4 acres.
Existing elevations on the site range from elevation 7.3 to
elevation 8.8.
There are only two types of soil on the site. The soil on
the southern half of the site consists of Oldsmar Fine Sand.
The soil on the northern half of the site consists of Plneda
Fine Sand with Limestone Substratum. (Soil information was
obtained from the USDA Soil ConserYation Service.)
It should also be noted that the existing site also has an
area of wetlands in the Northeast portion which will be
preserved .unless mitigated in accordance with all regulatory
agencies.
1.6 PROJECT DESCRIPTION
A 176 unit multi-family residential rental community with
numerous recreational amenities is 'proposed on the subject
site with all of the one, two rand thr~ bedroom dwelling
units designed for households that meet the low income
standards for affordable housing.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the Ospreys
Landing Planned Unit Development Ordinance.
2
PROJE~ DEVELOPHENT RE~U~REHENTS
The purpose of this Section is to delineate and generally
describe the project plan of development, rolationships to
applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project
relationships.
A~ Regulations for development of Ospreys I,~nding 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 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 Ospreys
Landing 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 permitted by the approval of this petition
will be subject to a concurrency review under the
provisions of the Adequate Public Facilities Ordinance at
the earliest or next to occur of either final SDP
approval, final plat approval, or building permit
issuance applicable to this development.
3
2.3 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 as follows (figures are
rounded):
= Lake 4 Acres
Wetland Area 2* Acres
Recreation/Green Space 8* Acres
" Development Area ~ Acres
Total Project 20 Acres
* The final delineation and possible mitigation of
the wetland Jurisdictional line may change these
figures somewhat.
B. Areas iljustrated as lakes by Exhibit "A" shall be
constructed as lakes or, upon approval, parts thereof
may be constructed as shallow depressions for water
detention purposes. Such'~reas, '~kes and dry areas
shall be in the same general configuration and contain
the same general acreage as shown by Exhibit "A".
Minor modification to all areas, lakes or other
boundaries may be permitted' at the time of Subdivision
Master Plan or Site Development 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.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LANO USES
A maximum of 176 ~ffordable housing multi-family residential
dwelling units shall be constructed in the total project
area. The gross project area is 19.86 acres. The gross
project density, therefore, will be a maximum of 8.86 units
per acre.
157
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
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 o~ 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.
B. Exhibit "A", PUD master Plan, constitutes the required
PUD Development Plan. Subsequent to or concurrent with
PUD approval, a Subdivision Master Plan if applicable
shall be submitted for the entire area 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 Cods,
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 oth~.~.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.
2.6 MODEL UNITS AND SALES FACILITIE~
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.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
'Amendments may be made to the PUD as provided in Section
2.7.3.5 of the Land Development Code.
2.8 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 is hereby permitted. If after
consideration of fill activities on those buildable portions
of the project site are such that there is a surplus of
earthen material then its off-site disposal is also hereby
permitted subject to the following conditions:
1. Excavation activities shall comply with the definition of a
"development 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 calculated 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 appIicable.
159
SECTION T}LREE
MEDIUM DENSITY (LOW RISE) RESIDENTIAL GUIDELINES
3.1 P%rRPOSE
The purpose of this section is to identify specific
development standards for the project shown on Exhibit "A".
3.2 MA'XI}UIM DWELLING UNITS
~ne maximum number of dwelling units within ~he PUD shall be
176 units.
~o b~ilding'or structure or part thereof, shall be erected,
a~tered 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:
(1) C~stomary accessory uses and structures including
carports, garages and utility buildings.
(2} Recreational uses and facilities such as swim/~ing
pools, tennis courts, children's playground areas,
fishing piers, boat docks, and basketball/shuffle
board courts. Such uses shall be visually and
functionally compatible with the adjacent
residences which have the use o~ such facilities.
(3) Child care facilities.
(4) Manager's residence and associated office space.
(5) Boardwalks, walking paths, and picnic areas in the
wetland area after appropriate environmental
review.
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 3.4B.(1) (a).
B. Minimum
(1) Principal structures:
(a) Setbacks from all exterior project boundaries
shall be 25 feet except on the western
boundary where the 25 feet shall be in
addition to the Moon Lake Road right-of-way.
(b) Setbacks from the wetland area shall be 20
~. feet.
(C) setbacks between principal structures shall be
20 feet or 1/2 the sum of their heights,
whichever is greater.
(d) Setbacks from the large centrally-located lake
shall be 20 feet.-: "~
(e) Front setbacks from the edge of the parking
facility shall be 10 feet. This shall not
prohibit the attadhed relationship of enclosed
parking structures to the principal
residential structures.
(2) Accessory Structures:
(a) Setbacks shall be as required by Division
2.6.2 of the Land Development Code in effect
at time of building permit application except
setbacks from the wetland area shall be 20
feet.
C. Minimum Floor Area:
(1) For one bedroom units the minimum floor area shall
be 700 square feet.
(2) For two bedroom units the minimum floor area shall
be 950 square feet.
(3) For three bedroom units the minimum floor area
shall be 1100 square feet.
8
(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 10 feet above the existing grade.
As required by Division 2.3 of the Land Develogment
Code in effect at the time of building permit
application.
F. ~
(1) Around the perimeter of the project Buffer A or
Buffer B shall be required where shown on the PUD
Master Plan (Exhibit "A")~ Neither buffer shall
be required in the Metland ar~a or along Davis
Boulevard. Buffer B shall i~Iude a 6 foot high
wooden fence.
SECTION FOUR
DEVELOPMENT REGULATIONS
PURPOSE ~
The purpose of this Section is to set forth the development
commitments for the development of this project.
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 PUD in effect at the time of building
permit application. Except where specifically noted or stated
otherwise, the standards and specifications of the official
County 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 ~?::re~ to follow
the Master Plan and the regulations of this P[}o ~ adopted and
any other conditions or modifications as may bu 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.
PUD MASTER PLAN
A. Exhibit "A", PUD 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 subsequent approval phase as may be executed at the
time of 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 maintenance of all service utilities and
all common areas in the project.
10
4.4 ~CHEDULE OF DEVELOPMENT;MONITORING 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 according to the following
time limits following approval of the PUD:
(1) Obtain a development order for infrastructure
improvements to include utilities, roads and
similar improvements required by the approved PUD
Master Plan for at least 15 percent of the gross
land area of the PUD site within 5 years of the
date of approval by the Board of County
Commissioners (October 27, 1992); and
(2) Receive final local development orders for at
." least 15 percent of the total number of approved
dwelling units within the PUD site within 6 years
of the date of approval by the Board of County
Commissioners (October 27, 1992). In the event
this schedule is not achieved the Board may, after
written notice and hearing:
(a) Void the PUDr approval and initiate
proceedings to rezone the property to any
zoning classification as deemed appropriate
by the Board; or.
(b) Amend any portion of the PUD}Master Plan or
its associated development conditions.
(3) The fee simple owner(e) of the land upon which the
PUD site exists may petition the Board of County
Commissioners to extend expiration dates as
identified in this Section.
B. Monitoring Report: An annual monitoring report shall
be submitted pursuant to Section'2.7.3.6 of the Collier
County Land Development Code.
11
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the development
commitments for development of the project.
5.2 fJ/L~ZA~
All facilities shall be constructed in strict accordance with
the Final Sitm ~Dsvelopment Plans (SDP), Final Construction
Plans and Plat, and all applicable State and local laws,
codes, and regulations applicable t0 this PUD in effect at the
time of building permit application. Except where
specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code
shall apply to this project even if the land within the PUD ia
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 t~arPUD 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 successqr or assignee in title any
commitments within this agreement.
5.3 ~
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 maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other
.. a~plicable County rules and regulations.
B. All customers connecting t° 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.
Should the County not be in a position to provide water
and/or sewer service to the project, the water and/or
sewer customers shall be customers of the interim utility
ostablished to serve the project until the County's off-
sits water and/or sewer facilities are available to serve
the project.
12
5.4 WATER M3%NAGEMENT
A. Detailed paving, grading and site drainage plans shall
be submitted to Project Review Services for review. No
construction permits shall be issued unless and until
approval of the proposed construction in accordance
with the submitted plans is granted by Project Review
Services.
B. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40,
this project shall be designed for a storm event of 3-
.. day duration and 25-year return frequency.
C. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of Division 3.2 Subdivisions of the Collier County Land
Development Code.
D. An Excavation Permit will be required for the proposed
lake(s) in accordance with Division. 3.5 Excavation of
the Land Development Code and SFWMD rules.
E. A copy of SFWMD Permit or Early Wo~%~ermit is required
~. prior to construction plan approval.
F. Prior to final Site Development Plan approval for the
first phase, a 25 ft. wide strip of land along the
entire Davis Boulevard frontage shall be dedicated and
accepted by the Board of County commissioners. This
strip of land is for future canal widening and
maintenance.
'. 5.~
A. A minimum of twenty-five percent (25%) of the entire
site's native vegetation shall be retained as required
by Division 3.9 Vegetation Removal, Protection and
Preservation of the County Land Development Code.
Contiguous area(s) of retention (preservation) shall be
designated on the preliminary site Development Plan
(SDP) submittal.
B. The applicant shall submit a red cockaded woodpecker
survey conducted in accordance with the requirements of
the Florida Game and Fresh Water Fish Commission
(FGFWFC) prior to the preliminary SDP submittal.
Survey results shall determine if the design of the
buildings, associated structures and infrastructure
shall be adjusted to comply with the requirements of
13
the FGFWFC.
C. Design of the buildings, associated structures and
infrastructures shall not impact the Collier County
Jurisdictional wetlands located in the northeastern
corner of the site as indicated on the 5/21/91
Conceptual Master Plan unless all other non-impacting
deeigns would prohibit development of the minimum
allowable use of the zoning district or render the
project unpermitable by Local, State or Federal
agencies.
D. Proposed wetland impacts, to Collier County
Jurisdictional wetlands located in the central western
portion of the site as indicated on the 5/21/91
Conceptual Master Plan, shall be subject to Project
Review Services - Environmental staff approval. All
Proposed mitigation for impacts to Collier County
Jurisdictional wetlands shall comply with Appendix 7 of
the South Florida Water Management District rules.
Proposed wetland mitigation shall first be considered
on-site and contiguous to the 'wetlands located in the
northeastern corner of the ~ite. =:
E. Wetlands proposed as mitigation and preserve areas
shall be field verified and approved by Project Review
Services - Environmental Staff, prior to preliminary
SDP approval. Prior to final SDP approval the approved
mitigation and preserve areas must be surveyed and
recorded as conservation easement(s) as per the uses
and limitations of Chapter 704.06 of the Florida
Statutes. Said conservation easement(s) must be
recorded in the public records of Co~lier County.
F. The water management system shall be controlled at the
lichen line/water mark elevation or other biological
indicator(s) of the adjacent, wetland to ensure
reasonable successful restoration/preservation and/or
enhancement of the wetlands.
An Exotic removal, monitoring and maintenance (exotic-
free) plan for the site shall be submitted to the
Project Review Services - Environmental staff for.
review and approval prior to final SDP approval.
A. Subject to FDOT approval, the developer shall provide
left and right turn lanes on Davis Boulevard at the
project entrance. At such time as Davis Boulevard is
four-laned, access to the project shall be restricted
to right turn-in and right turn-out; exceptions to
such access control shall require FDOT and Collier
County Transportation approval.
B. The developer shall provide arterial level street
lighting at the project entrance; such improvements
shall be a condition of building C.O.
C. Provisions for 25 feet of drainage easement and five
(5) feet of bike/sidewalk easement shall be dedicated
as outlined on PUD Sheet 4/5. Upon request by
appropriate County representatives, Developer shall
provide the 25 feet of right-of-way, via Statutory
Warranty Deed, to Collier County, a political
subdivision of the State of Florida, along the full
length of the property's Davis Bo3/levard (S.R. 84)
frontage (along the north ~ide of"the existing right-
of-way of Davis Boulevard and over the entire length of
the property).
The obligation to convey the above real property
interest shall include obtaining and providing, at the
Developer's expense, an ALTA Form B (marketability)
title insurance commitment within thirty (30) days of a
request to do so by the County. Further, the Developer
shall cooperate and cause all requirements contained in
any such commitment to be complied with expeditiously,
including but not limited to the release or
subordination of all liens or interests which encumber
or may reasonably interfere with the County's use of
the real property. The date of said title commitment
shall not be more than one hundred twenty (120) days
prior to the date of the recording of the conveyance by
the County. Within forty five (45) days of recording
the conveyance document, Developer, at its sole
expense, shall also cause a final title insurance
policy to be issued in favor of Collier County, a
political subdivision of the State of Florida, which is
in conformance with the County's standard title
insurance procedures and guidelines. Said title
insurance policy shall be consistent with the
previously submitted title insurance commitment.
15
This obligation shall bind the Developer, as well as
run with the land, upon approval of this PUD amendment
petition, PUD-Sg-i(1).
D. The developer shall provide a fair share contribution
toward the capital cost of future bikeways adjoining
the project.
E. Access improvements shall not be subject to impact fee
credits and shall be in place before any certificates
of occupancy are issued. Access shall provide capacity
for comparable dwelling units and throat length design
shall involve approximately 100 feet of storage.
F. Road impact fees shall be as set forth in Ordinance 85-
55, as amended, and shall be paid at the time building
permits are issued unless otherwise approved by the
Board of County Commissioners.
G. All traffic control devices used shall conform with the
ev e as required
by Chapter 316.0747, Florida Statutes.
5.7 At~ ;. ~'r
Accessory structures shall be constructed simultaneously
with or following the construction of the principal
structure except for a construction site office(s) and model
units.
All landscaping for off-street parking areas shall be in
accordance with Division 2.4 Landscaping and Buffering of
the Collier County Land Development Code in effect at the
time of building permit application. Landscaping shall not
be placed within the water management areas unless approved
by Project Review Services.
169
:fL 70
OSPREYS LANDING PUD
Location Map
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Site
Barn
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; COMMUNIT~
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EXHIBIT B
171
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UNIT 0 NI:
173
I OSPREYS LANDING PUD
North ~Aertal Photograph
! inch = 200 feet
~,~:'~".-"
Project
Site
DAVIS BLVD.
EXHIBIT F "
OSPREYS LANDING PUD
Services and ShopPing Facilities Map
':. i::::h ' , North
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;":., :::'.:::' :i;:."::. ,';:'.!
?'.'::~..'.'..tr;: one inch = t~o ~lles
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· . .,.'.'.. ,:./...;.: :..:':' .... :
/~ S_ervices /~ 0 Shopping Areas 0
I Collier--County Govt. Center 1. kings Like SqUare
2 East Naples Fire Station '. 2. Court House Shadows
3 Sheriff's Station 3. Naples Town Center
4 EMS Station 4. Countryside Plaza (Proposed) "
5 American Health Center, 5. Grey Oaks (Proposed)
6 Fire Station (Proposed) 6; Coastland Mall
EXHIBIT G
,oo, 57PA: . 176
STATE OF FLORIDA )
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
har~:b¥ certify that the foregoing ts a true copy of:
Ordinance No. 92-81
~htch was adopted by the Board of County Commissioners on
'the 2?th day of October, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
'- day of November, 1992.
Clerk of Courts and Cler~-~'~::'. .....
County Commissioners ~-.. :. < . ·
0 I 63 199z OCT 30 ~t ]: 59
P,i~l-J~'b~ AGREEMENT AUTHORTZTNG AFFORDABLE IIOUSTHG
O~tC .... DENSITY BONUS AND IMPOSING COVENANT__~__6/k~
(~D~ RESTRICTTCIIS ON ~h[. pRoPERTY
THIS AGREEMENT is made as of the 27th day of 0ctol;er__~__,
199~, by and between w~~. Gust and~P.
R. Properties (the "Developer") and the Colliur County Board of ~
County Commissioners (the ,,Commission"). ~
RECITALS:
A. The Developer owns a tract of real property described
as (complete legal description) } o t ~g u wes
Ouart " a u e le e Sou e 7= et
~her - -W , ,~ ~ = c
Scut dm ~ Cc
c
(The "Property"). The legal and equitable owners include
',.
It is th~ Dev. loper's intent to.con~truct ~ ~axi~u~ o~ ~
gro:~s acre on th~ Property. The gross acreage of Property
~~ acres. The number of affordable U~its constructed by ....
Developer shall be ~, representing ~ percent of the
· total number of residential Units in the development. .~ . .."
~ ~.: · . ...:~k~.
B. In order to construct the Units, the Developer must
obtain a density bonus from the Commission for the Property as
provided for in the Collier County Affordable~ Housing Density' '..
;~-.
Bonus ordinance No. 90-89, which density bonus can only
granted by the Commission in accordance with the strict ';.
limitations of said Ordinance.
C. The Commission is willing to grant a density bonus to
th(, Developer authorizing the construction of ~ bonus Units
on the Property, if the Developer agrees to construct afford~ble
Units as specified in this Agreement and the Developer covenant~
.i,
and agrees to use the affordable units only as rental property.
RE;~TAL
NOW, THEREFORE, in consideration of the approval and
granting of the density bonus of 5.9 units per acre requested
by the Developer and the benefits conferred thereby on tho~
Property, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Developer and the Commission hereby covenant and agree as
follows:
1. Recitals. The above recitals are true and correct and
are incorporated herein by reference,
2. Developer Agreements. The Developer hereby agrees that
it. shall construct 71 affordable Units which Units shall'be
rented.~ - ~ _in; accordance with the terms and conditions of this
Agreement and as specified by the attached Appendix A, Exhibit A
and Exhibit B, which Appendix is incorporated by reference herein
and constitutes a part of this Agreement. Units at the Property
Which ..~are. lno~.an af~9~dable Unit ("Market-Rate Un%ts") shall
e~.9~pt_~rom.t~e pr0y~ions of this Agreement and may be leased
.'..i~. .,.~.~.~9~d.. by. the Developer on terms and:~onditi~s acceptabl'e. _ to the
'~]~.'.'...-.~'?Developer in its sole'~,discretion. Within forty-five (45)
· .?... from the date that notice . is received from the . Commission,
":~.'.~....~.~"'.~Developer..~... shall provide on-site management to assure approprta
....~ security, maintenance and appearance of the ..development and.~
dwelling Units.
· . ...L~.'' '.. a. The following provisions shall be applicable~to
'. ..... ~he affordable units: ~ :~...'~.. . .
.2.-~ ....... ,. (1) Definitions. Any and .all definitions
~..~ ' 'provided by Ordinance No. 90-89, as amended, are hereby
,~i~:~?~;.~. incorporated by reference.
i~...ij~.}- Phasing shall mean Ca) the phased construction
.. buildings or structures in separate and distinct ~tages as shown
on a PUD master plan, subdivision master plan or site development
plan; or (b) in developments where phased construction is not
depicted on a PUD master plan, subdivision master plan or site
· dev(~lopment plan, the construction of buildings or structures
RENTAL
a clearly defined series of starts and finishes that are
and distinct within the devel6pment.
(2) Base Rent. The monthly base rent f~r th.e
affordable Units shall be in accordance with the rents upocified
in the attached Appendix A, Exhibit A The monthly runt may ba CD ·
increased each year from the date of this Agreement as long as
the rent does not exceed one-twelfth (1/12) of 30 percent of an
amount which represents 50 percent (for very low income), and 80
percent (for low income) of the then applicable median adjusted
gross annual income for the household as published annually by
the U.S. Department of Housing and Urban Development for the area~.~
defined .as the Naples Metropolitan Statistical Area (MSA) The C~
f~9~ing notwithstanding, any rent charg.d 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
(3) Median Income. For the purposes of this~
~.~..~. . Agreement, the median income of the%~ea a~efined by the U.S.
?~"'~' 'then current median income for the Naples Metropolitan
.E~%.;~: .~Statistical Area, established periodically by HUD and published
...... . ~n the Federal Register, as adjusted for family s'ize as sho~3o
'~'' ''the tables attached hereto as 'Appendix A, Exhibit C,
· ,].~..~ .... ~.. '.E~ibit shall be adjusted from time to time In accordance w~th
~?.".any adjustments that are authorized by NUD or any successor
-' agency. In the event that HUD ceases to publish an established
median income as aforesaid, the par~ies hereto shall mutually'
agree to another reasonable and comparable method of computing[
adjustments in median income.
(4) El~gibility and Qualif~cation of Tehant.
Family income eligibility is a three-step 9recess: 1) submittal
of an application by a prospective tenant; 2) verification
family income; and 3) execution of an income certification form.
Ail three steps shall be accomplished prior to a tenant being
RE.NTAL
qualified as an eligible family to rent and occupy an affordable
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 progra'm prior
to being qualified at the appropriate level of income (low or
very'low, income) in accordance with this Section. cD
CD
The-Developer shall be responsible for qualifying tenantu by
accepting applications from tenants, verifying income and
obtaining income certification for all affordable units in the
subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the
... H~using..and~Urban,~ Improvement Directo~. Qualification by the -
"""~"iD*¥~lopeg or,any.tenant ~.as an eligible t~nant family shall ~e CD 'co
s.~J~¢~ to review and approval in accordance with the monitoring
and~ enforcement,program created and adopted by Resolution of the
col~mission ......
(a) '' Application. A potential tenant
..:_~,..~. apply .to the.developer, owner,"manager, or agent to qualify as a ..~
.'"u%~7'-'!-? low~.or:.very% ~low~%;3income=fam~ly fori~=~he purpose., of .renting and ~
"-" occupying "an akfordable, housing rental unit pursuant .-to~the'
']~i&ffordable housing density'bOnus ,program. The .Preliminary.~
Application for. Affordable Housing 'Unit shall...bu provided by the!~
Exhibit A, ·'attached to. this Agreement 'and incorporated,~bv "~
.reference-herein. "'.'.' ....... . r.:. ~:"~' ..':.~:':- ., · - :~,r.~ca~_-~..~-?....~.~
=' ~ ..... (b)--Income .Verification and Certification;
No ,..affordable housing Unit'in the development shall ba rented to
.... - a=~'.'tenant ~.whoee household, lncome-.has,.-not .been verified
: c~rtified in accordance with this Agreement and Ordinance
90-89, as amended, ~:.a '16~'or very lOw'"income family. 'Tenant
income verification a~d-~ertifi~ation shall"be repeated annually .~
to assure continued eligibility. '~
(c) Income Verification. The Developer
shall obtain written verification from the potential occupant
(including the entire household) to verify all regular sources of
fl57 181
RECITAL
income (including the entire household). The most recent j, ear's
feSeral 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
CD
Income Verification form, which includes a statement to release ~o
information, tenant verification of the return, and a signature o
block..~.with.the date of application. The verification shall be ~
.~i~ ,.~.' up to ninety ' (90) days prior to occupancy. Upon
expiration of the 90 day peKiod, 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_~
mu~t,~be completed. ' The . Affordable Housing Applicant Incomec~
.Verification form shall be provided by the Housing and Urban
Improvement Director as shown in. Appendix B, Exhibit ~, 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 afl
housing unit by the tenant. Income certification shall assure
, . that the potential occupant has a low or very low household
"';~'~i%.'>':""income which qualifies the Potential occupant as an eli,
'.. 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 thei
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, tho'
rental agreement shall include the following:
(i) name, address, and telephone number of the head of
household and all other occupants;
- § -
RENTAL
(ii) a description of the unit to be rented;
(iii) the term of the lease;
(iv) the rental amouht;
(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 documunta- CD
tion' to verify occupancy in accordance with this Agreement and
CD
Ordinance" No. 90-89, as amended, may be conducted by the }Iousing
and Urban Improvement Director.
(5) Disqualifioatlon 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
t~ant:vacation.of the affordable ~nit is the result of an error,
omission..or misrepresentation made by Developer, tenant shall
vacate' the affordable unit ~tthin 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
~.?t~.i.:~?f a misrepresentation made by the'tenant, tenant_sha~l vacate
".:~": '-.;.the' affordable unit within.~15 days and shall pay penaluies as
?.:'~.L.'../;provided by the' monitori~g and -enforcement =program. Such..~-~
.~f,~..~.]; ~wentuality shall be expressly, detailed in the lease agreement-~
· · ' . ' '( ) Annual Progress an~ Monitoring RePort. <.The
..~. D~veloper shall provide the Housing and Urban Improvement
' delivery.of affordable-housing rental Units throughout the period
of their construction, rental and occugancy. The annual
' and.-'monitoring report shall, at a .minimum, provide any infor~a~,~
tion reasonably required to insure compliance with Ordinance
90-89 or subsequent amendments thereto. The report shall be '~
filed on or before September 30 of each year and the report shall ''"
b(~ submitted by the Developer to the Housing and Urban Improve- '~
ment Director. Failure to complete and submit tho monitoring
report to the Housing and Urban Improvement Director within
(60) days from the due date shall result in a penalty of up to
fifty dollars ($50.00) per day unless a written extension ~ot to
exceed thirty (30) days is r~quested prior to e×piration of the
sixty (60) day submission deadline. No more than on~ such
extension may be granted in a single year. The progress and
monitoring report shall be in a form provided by the Housing and CD
Urban Improvement Director.
...... (7) Occupancy Restrictions. 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. Density Bonus. The Commission hereby acknowledges that
tho..:Developer has met all required conditions to qualify for a -.cD
(iD
density'.~bonus, in . addition to the base residential density of ~ .cD
__~__ units per. acre, and is therefore granted a density bonus of co
_~_.9 ' density bonus units per acre, for a total (total - density
.'bonus units per acre X gross acreage) of ~ danuity bonus
.... .units, pursuant to Collier County Affordable ~ousing Density'~
-Bonus Ordinance No. 90-89. The Co~ission further agr&es that
"~..:th~ Developer may construct there~n, ~n the aggregate a maximum ..~
· '~'~' ' nu~er of 176 units on the Property provided _the Developer ~s ~
~able to secure building pe~it(s) from Collier County .....
4 co=ission Agreement During the 'term of
Agreement, the Commission acting through tho Houuing and Urban
Improvement Department or its successor(s) covenants and a
to prepare and make available to the Developer any genera~
information that it possesses regarding income limitations and
restrictions which are applicable to the affordable Uni~.
5. Violations an~ Enforcement
a. Violations. It shall be a violation of this
Agreement and the Collier CoQnty Affordable Housing Den=ity 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
REI ITA L
false or misleading information with respect to any
required or requested by the i[ousing and Urban Improvumont
Director or by any other persons pursuant to tile authorit~ which
is delegated to them by the Ordinance.
Collier County or its designee shall have full power to CD
enforce' the terms of this Agreement. The method of enforcement
for a breach or violation of this Agreement shall be at the i~
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 Violation for Code Enfor:~m.nt Board
P~ocssdings. Whenever it is determined that there is a violation -cD
0~. :this .AgFeemsnt that should be enforced before the .Coda
Enforcsment Boar~,:then a Notice of Violation shall be issued and
sent by the Housing and Urban Improvement Director by cer~ikted
~.-i~ 1 -
' return-receipt requested u.S. Mall, or hand-deliv~ry to the
person or developer in violation of the Ordinance. The Notice
Violation shall be in writing, shali~be si~d and dated by the ~
.Housing and Urban .Improvement .Director or such other County.-- --..~
. /"' ~-.'~ personnel as may be authorized by .the Board of County~
' .,Co~issioners, shall specify the violation or violations, shall'2~
state that said.violations(s) shall be correqted ~ithin tan (10)~
' days. of the date of the Notice of Violation, and ~hall state
~,. ~.~%..
if said violation(s) is/ere not corrected by tho specified date....
..... :'."in ~he'Notice of. Vtol~tion,.the ~ousing .and Urban Improvemest..l~
· '.Director sh~ll issue a. citation which shall s~ate th~ date'and "~'.:~
time of issuance, name and address of' ~he person in violation,'.'~
' 'da~e of the viola~ion,..Section..of.~his Agreement or of Ordinance
No. 90-89 or subsequen~ amendments thereto viola=ed, name of th~
['.[
' Housing 'and Urban Development Direc~or, 'and date ~nd time when
the violator shall appear before ~hu Code Enforcement Board.
c. Certificate of Occupancy. In the event that ~he'
Developer fails to maintain the affordabl~ unit= in
~ith this Agreement or with Ordinancu No. 90-89, a~ amand~d, at
the option of the Commission, build'lng permits or certi~ica~e~ cf
occupancy, as applicable, may be withheld for any future planned
or otherwise approved unit located or to be located up6h the
Property until the entire project is in full complianc~ with this
Agreement and with Ordinance No. 90-89, as amended. CD
"6. Assignment by Commission. The Commission may assign
all Or'part of its obligations under this Agreement to any. oEh~£
pub[ic 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 express written consent of the Commission, which
con~ht -may be withheld for any reason whatsoever Any attempt
: t° assign the duties, obligations, or promises under this
Agreement to any successor in interest to the Property without
the express written consent of the Co~lssion as required by
portion o~ thl~ Agr~e~n= is for any r~ason h~ld tnv~li~
uncon~titutional by any court of competent jurisdiction,
portion shall be deemed a separate, distinct, ~nd independent~:~
provision, ~n~ all other provisions shall r~maln ~ctiv~ ~nd
:' 8. ' ~ott~. A~ noti=e~ desired or requir~ to b~ given
" under this Agreement shall be In writing and shall either be : ....
: personally delivered or shall be sent by mail, postage prepaid,' .'.l~~'i
to the parties at the following addresses: '~ '
To the Commission: Housing & Urban Improvement Dept.
3050 N. Horseshoe Dr., Suite 158
Naples, Florida 33942
To the Developer: J. R Properties
. NaDles, Florida 33919
- 9 -
" R~NTAL
Any party may change the address ~o which notices are to be sent
by notifying the other party' of such new address in the m.'.nner
set forth above.
9. Authority to Monitor. The parties hereto acknowledge
tha-~ the Director of Collier County Housing and Urban Improvement
or his designee shall have the authority to monitor and enforce
Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, ~: cr
-defend, indemnify and hold Collier County and its officers,
employees, and agents harmless from and against any and all
claims, penalties, damages, losses and expenses, professional
{ess, including, withou't limitation, reasonable at.torney's fees -' :
.and...::.all costs· of . litigation and Judgments arising out of. any '~:'¢
c.la~.m,, willful misconduct or negligent act, error or omission, or ~' ¢
· liability of any kind made by Developer, its agents or employees, m
"' arising out of or incidental to the performance of this ':
· Agr e.ement. . .
:: ....... :..<.,.i'... !1" Covenants. The Devalope~' agree~ = that, al_l · of its
!:~!ti:;i:..i.i.:~ ,:"t';i~b'ligati°ns hereunder shall constitute covenants, restr.~ctioms ....
· -~'i...-'...~,~ .......nd conditions which shall run with the land and shall ha blndtn ..~:'5 ·
~,~'~:,2.;~.: P Y against every erson then hay ....
~ 'ownership interest at any time and from time to %lee untll"this?~.',':&i~
.... . '.Agreement is terminated in accordance with Section 14 below.
' '" Ho~,sver, the parties agree that if Developer transfers or conveys .'..' '~:.
.';';'" '&:?:?: ~he'Pr0Perty 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. Recording. This Agreement shall be recorded at
Developer's expense in the official "' '' ......
records Of' 'Collier County,
Florida. ......
13. Entire Agreement. The parties hereto agre~ that this
Agreement constitutes the entire Agreement betl;een the parties
hereto and shall inure to and be binding upon their respective
heirs, successors, and assigns.
- 10 -
· ' R ENTA b
14. Termination, Each affordable housing unit s:uu!l be
restricted to remain and be ~aintained as the type oS affordable
housing rental unit (low or very low income) designated in
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. CD
15. Modification. This Agreement shall bu modified or
amended only by'the written agreement of both parties.
16. Discrimination.
e.'. The Developer agrees that neither it nor its
agents shall discriminate against any tenant or potential tenant "
because of said tenants race, color, relig~on, sex, national ·
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-dlscriminatory manner and
shall make available any relevant information to.any person who
.. is interested in renting or purchasing such affordable housing
¢. The Developer agrees to be responsible for payment
of any real estate commissions and fees. .:.
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 Houst'ng
" Density Bonus.
e. The affordable housing units shall be intormixed
with, and not segregated from, the market rate d~elling units
th~ development. ' ',~
f. The squ~re footage, construction and design of the
affordable housing units shall be the same as market rate
dwelling units in the development. All physical amenities im the '"~..
dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing D~nuity 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 ~'menities as described in item numbed'seven
(7) of the Developer Application for Affordable }lousing Density
Bonus shall be the same' in both the markct rata units and the
affordable units in each phase. Units in a subsequent phase may
contain' different amenities than units in a previous phase :o
long as the amenities for market rate units and affordable units
are the same within each phase and provided that in no event may
CD
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.Deyeloper.has committed for the total development shall '
be maintained in each phase and shall b~ constructed as part of _~..~
· each phase of the developmen% on the Property. Developer commits
to 49 percent affordable housing units for this project, with
:___.~Q percent of the units in each %hess
.... a~--h'ullt:.consisting of
',i~."~:,::'.~?:'~-... 18. Disolosure. The developer shall n~t disclose to'
'i'i~?:.<.:~: ...,~:persons, other than the potential tenant, buyer or lender of the
. particular .a~fordable housing unit or units, . which units in the
development ars designated as affordable housing units.
19. Consistency. This Agreement and authorizod developmeg~
: ~ai~':'. be consistent with the Growth Management Plan and . la~d
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
extent that they are not in conflict with the number, typo of '"
affordable housing units and the amount of affordable housing
density bonus approved for the development. .~.'
20. Affordable Housing Donsity Bonus D~valopmen~ Agreement.
This Agreement is a distinct and separate agrcemcnt from
development agreements as defined by Chapter 163.3220, Fla. S~at.
(1989) and as amended.
· , REN%'AL
21. Preapplication. Developu'r has executed and submittud
ssgo the Development Services Director the Developer Applicagton (iD
for Affordable housing Density Bonus, a copy of which is attached
'~-~:~...~me~ ;this Agreement as Appendix C and incorporated by reference
me by 22. Governing Law. This Agreement shall b~ governed by amd
~nstrued in accordance with the law~ of the Stato of Florida.
' 3>9~. 23. Further Assurances. Th~ parties horato shall ~xacu~e
an~ ~,liver, tn recordable form if necessary, ally and all
do~:uments, certificates, instruments, and agreements which a, ay ba
reasonably required tn order to effectuate the~ intent of this
~reemant. Such documents shall Include but not bo limited to . -
any document requested by the Developer to exhibit that this '21
~greement has terminated tn accordance with the provisions of
..~..)~ar~graph 14 above. ' .... f
"'' . IN WITNESS ~EREOF, the parties hereto hava caused this .~:..." '
~ceement to be executed as of the day and year first
Approved as to form and
legal sufficiency: '.~'..
Martha N. Howell ..
Assistant County Attorney
~EN'£AL
COUNTY OF COLLIER ) '2';? ,'i.','2. ,~'~7: ER .,
CD
Th~ foregoing Agreement Aut.b. gr...l.~og~fo~able }lousing Dunsity Bo~s
And Imposing Covenants A~.....,. Restriction. .... ~ . On Real Property
CD
acknowledged before me by Rockwell T. Gusto
'WITNESS my hand and of,f,i.q.i.~.~2.~9_al~t~i.s &~/~ day o~
~F~ ~o~lo~.s I Notary Publi=
STATE OF F~RIDA ) " "' .... ~ U~A
C~TY
OF
COLLIER
Th~..'..foregoing Agreement Authorlzthg. Affordable Housing Density Bonus
~d ' Imposing Covenants And . Restrictions On Real Property
acknowledged before me by Joan R. Walsh. ' ' ' ~'
~' . Notary Public
. ... -~.. -..~
Appendix A, Exhibit A ~.. RI~NTAL
NUI.%BER OF AFFORD~[3L~ HOUSING
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family o
LOW INCOME . CD
.., Efficiency
· I 'Bedroom 18 _
2 Bedroom ~ . *400-542
3 Bedroom 18 _
', 4 Bedroom :.
%q[RY LOW INCOME "'7.'/:
· . I Bedroom
,.. 2 Bedroom '.
(1) Bas'e r~sidential density.allowed in ~hts development
(2) Gross acreage 19.86 .
(3) Maximum number o'f affordable housing density bonus
allowed in this development pursuant to Section 7
'. Ordinance 90-89. $ , units/acres ....
(4) Gross residential density of this development (including
affordable housing density bonus units) ~.~ ., .~.~.
units/acre. ' ·
V O ~
(5) Percentage of affordable units pledged by the da el p r "~'~;~4
(as a percent of the total number units in the ,..,
development) 4Q %- .
· The rents for the Affordable Rental Unit will fall ..:..
within rent ranges of
Specific rents will be determined by the type of
development financing available.
Page i of 4
Appendix A, Exhibit B '.
AFFORDADLg ][0USING DENSITY DONU~ R~TIIlG
Section 7, Ordinance No. 90-89, provides for calculation of a
density bonus for developers pledging to construct affordaS~u
units within their development. Included in this Exhibit B ara '
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. CD
CD
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 tho 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, wh~e
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..'--,
·: '~5 '
After the affordable housing density bonus rating has been
determined in Table A, locate it in Table B,Lap. d determine the
· percent of that type of affordable hdusing uWit proposed in the
" development compared to the total number of dwellin~ Un,ts in the
· . development. From this determination, Table B will indicate the :[~.
'' ' maximum number of residential dwelliRg units per gross acre that-' ....
· may be added to the base density, These additional residential
· '..-'dweiling 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
the percentages shown on Table B shall receive an ~ffordable · ~?f. ~."
.. housing density bonus equal the lower of the t~o 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 dwellin~ units as affordable housi~
'~"" ~"units,"and which has an affordable h~using density bonus rattng?~f"'~
"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 o~
level ~f 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. ...~.
Page 2 of 4
193 '
Appendix A, Exhi'bit B
AFFORDABLE ~OUSING DENSITY BoNuS
TABLE A: AFFORDAELE TIOUSIIIG DENSITY nONU~" R~TY:TG
LEVEL
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
AND I MORE
·
MODERATE (OWNER-OCCUPIED, 0
SINGLE-F~ILY)
:~, ~W (O~ER-OCCUPIED OR RENTAL 2 3 4
SINGLE-F~ILY OR MULTI-
F~ILY) ...
~RY ~W (O~ER OCCUPIED OR
RENTAL, SINGLE-F~ILY
~ . OR ~TI-F~ILY) 3 4 5
*For cjuster housing developments tn the Urban Coastal Fringe, add
X:d~y ~0~s to obtain 2. ..
'T~L~ BI AFFORDABL~ ~OUSINO DENSITY BONUS -
(ADDITIONAL AVAILABLE DWELLIN~ UNTTS PER ~ROSS
AFFORDABLE ~OUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS ~TING " '
lo% 20% .
I .. '.. 0 0
2 0 I 2
3 2 3 4
4 3. 4 5 ~'7
-: . -'.'" 5 · '." '" :~.'.'..~ .;., .. 4" 5 7 .,~8
". Please calculate your density bonus in the space p=ovided below.
A~ach addfCional pageS- if
FroT~ Table A all units are "/ow" category and we have I BR, 2 BR
and 3 BR units. Thus, we use the numbers 2, 3 and 4. Going to
Table B use category 2 for I BR units ~ 1.5 dw/ac bonus, category
3 for 2 BR units - 6 dw/ac bonus and category 4 for 3 BR units -
4.5 dw/ac bonus. Totals 12 dw/ac bonus excep~ there is a ma×imum
allowed of 8 dw/ac.
Page 3 of 4
Apl~endiX A, Exhibit C
INCOME AND RENT LEVELS FOR }{ODERAT~: I);o_~.~ ..
LOW INCOME A~D VERY LOW INCOME FA}:ILIE~
Pursuant to the Affordable Nousing Density Bonus Ordin~nce, 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 than 50% ~f median
income.
MEDIAN INCOME 1991
$40,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
I 2 3 4 § 6 7 8
100% 28,000 32,000 36,000 40,000 43,200 4S,4~0 49,600 52,300
80% 22,400 25,600 28,800 32,000 34,530 37,100 39,700 42,2~0
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 24,000 26,400
CD Based on an average of one and two people living tn a one bedroom
-- ..unit, three and four people living in a two bedroom unit, five and
~ people living in a three bed room unit, and seven and eight people
CD
living in a four bedroom unit, the allowable housing costs are
.on the chart below. Housing costs are based on the 30% of the famil'
income. Housing costs ars dsfined rent and ~%~lities for rental
'-..' '...' ....... HOUSING COSTS BASED ON 30% OF FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM'-
· ....~ ' UNIT UNIT UNIT UNIT "
80% 600 =60 96' 1,024- .....
50% 375 475 '% 560 640 ",~.
UTILITY
ALLOWANCE 55 75 90 110 . .
ALLOWABLE RENT WITH UTILITIES DEDUCTED
: · · ~80% 545 685 806 914 .~.~.
. :...50% 320 '. 400 470 530
'.. ".q~
Page 4 of 4
195
A~,-ndi, -, ,,,,h,,~,t A OR BOOK PAGE.
Date Occupancy Desired: Date of Application: Amt o~ Sec, Dapooit:
Your Name~ ~ace/N&tional Origin: Ilandicap:~Y~a No
Name of Lendlordl How Long at thin Addra~n~
Landlord's Addreaa~
Street City State Zip Telephon~ ~
Street CLty State Zip T~[uphone ·
Previous Landlord's Name, Add=ems, Telephonel
Present Employer's N~me, Address, Talephona~
H~ Long with Present ~ployer~ Job TLbLe~ .,'..
~ocLa~ Se~rtty N~er~ BLrth dat'e~ '
Previous ~ployer'l N~, Address, TmZlphone~ '~ '~ '' ·
H~ ~ng ~[t~ Present Employert Job T[tle~
~ocLa~ Security Numbe~, B~th date= "
Trey/sue ~pZoye:'a N~e, Address, Telephonel " a.:. ~.
NAMES OF ~L ~O WELL ~CUPY APARTMENT BIRTH DATE ~ ~ ~OCIAL SECUR~
1. Names Add=aces llow Longt,
2. Names Addroesl How Longl,
Your Bank~ Loan .... Savings ..... Chockinq2
:l~t Below 3 Additional Credit Reforance~l
2. ct~y~.
3. c[tyt
Pa~ I of 7
Dates
Applicant'· Ilamez Social Socurity
Co-Tenant' · I~ames Social Security Nufr.bor s
~relent Addreill
STREET CITY STATE ZIP T~LEPIIONE /
I hereby make application for an apartment at apartmontl.
! hereby de(:lare and reveal ali of my sources of income.
I ~m aware that to leave out, mmic or fall to report my as.et~ or forms of lllcomu from
~ensionl, stockl, bonds, real property rent, sale or ownership is a fraudulent act punishable
by law. Knowingly falsifying information on this form is cau00 for rofusal of occupancy.
Z hereby c,~rtify that this will be my permanent residence and that I have no other assists4
housing.
X undarst&nd that thl· information is fmc the purpose of computing my annual income to
determine ..my c~lXlficition to rent/buy an iffo~dl~%l housing un[~. X understand tha~ % am
AppXlcanC Co-TonanC
': ~unt Fre~ency ~ount Frequency
~eclived o~ pay ~eceived of
Wag{,m/Sala~ $ $ $ $ ·
nonumem $ $ S $.
.~lmmionm $ ~. $' ' $ '~'
'". ': XnC~rmm~ %ncomm $ $ $ $ ~
'. ..... T~I~ Fund Income $ $ $ $
:: .',.'So. laX Security $ $ S, .S. " '~
So~I~ Security OleabiXlty $ $ '.. $ S '
· ~'Su~lement~ SSI $ $ $ $
Child ~up~rt $ $ $ $
Union Benefitm · $ S $
Unlo~ Pension $ $. $ $
: Self-Emplo~ent Business,
........ Silent Partner, et=. $ $ $ S ·
Private Insurance Pen·ion $ $ $ $ .- .~,
TOT~ m~NUAL INCOME $. $ .---- f~
' . 'PI,iiii attach list of all other mourcu8 of incomm fmc ontire household. ...)~
THE V~RIFICATION HERE REQUESTED M~Y TAKE Tile FORM OF TNE MOST RECENT YEAR'S FEDE~L..INCOME ;
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY TNE AFFORDABLE UNIT. .~-
SAME MUST BZ EXECUTED FOR EACH OCCUPANT OF THE NOUSEHOLD WHO CONTRIBUTED TO TIlE LNNUAL
~OUSEHOLD INCOME. FAILURE TO REPORT A~L SOURCES OF HOUSEHOLD INCO}%E WILL RESULT IN
DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT.
Page 2 of 7
APPLICANT
Present Emp~oye~ '- Job
Addrsmmx
Supervise= 1 Telephone Numl)or ~
hereby au~hotize tho release og £ngorma~£on requested on
~ppl£can~
'th£s ver£f£cat£on form.
AppLLcan:
STATE OF FLORIDA ) . ':
COUNTY OF COLLIER ) '.
THE ~OREOOXNO wee.Acknowledged before me by .
WITNESS my hand',nd off£c£al seA1 th~s __day of ~, 19~1.
': Not&fy Public
]4}, Commission Expires! . :.:.'~-
· . :
Fan~loye: VetLfLcatLon~ ~. ~.~..
A~plicant'n Orosa Annual Income o= Rate og ~ay: ~
~un~ of Bonus.e, T~e, o~ otha~ Comp.haarLem ReceLvad~ ~ ~ ~,-, .....
. ~0nthly Annually
. % ',..,
""" ~" "~t:f':'; :"" " Supervisor -- :.~.,.~:
ITATE OF F~AIDA )
~UN~ OF ~LLXER ) '. ·
THE FOREGOING Wee Acknowledged before me by . ' .~
my hand and official ~eal th~o -- day of __~ 1~1. '~a~
WITNESS
t~o~ary Public "/'
~y Co~ea~ort Exp~res~ ."''
·.
~HE VERIFICATION HERE REQUESTED ~Y TAKE TH~ FO~ OF TIlE MOST RECEtIT YE~R'~ FEDERAL XIICOM~
TAX ~TURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY TIIE AFFORDAULE
057,, 198
Page 3 of 7
THK VERIFICATION HERE REQUESTED HAY TAKE THE FO~ OF THE HOST BECEHT YEAr'S FEDERAL
TAX RETURN FOP. EACI! OCCUP~T WHO IIAS FILED A[ID WILL OCCUPY TIlE AFFOItDAUL~ UNIT.
~b~ me i~ a t~a and correct copy o[ the return filed b~ mo
., {Year}
~TA~ OF .F~EIDA
THE FOR~GOIN~ was ackn~ledged before me by
wITNEsS m~ hand and of~icia~ nea~ this --, day o~ ., 1991.
o
~-..~
':. ' ' ' ' ..:2i .
. ..~
~ ~E HUST B~ EXECUTED FOR EACH ~PANT OF T~ HOUSEI10~D ~O CONTRibUTED TO
~OUSE~O~ INCO]4E. FAILU~ TO REPORT ALL SOURCES OF ~SEHOL9 ~OME WILL RESULT IN '~
DISQ~IFI~TION FOR TEN~CY IN AFFO~ABLE HOUSING UNIT.
2.~ .... 2.. .
~ ?~-~ .... : "~I':~
' , .
' 'b-';"~,,' ~'-' ' ' '"' '~'V
.. : .
057. ,.:I.09
Pag,~ 4 of 7
¸.4.
'- S~ree~ CL~y S~a~e ZLp
! he~a~y au~horLze th~ ~elea~e o~ X.~orm~l~n r~at~ on
Co-Tenant
th£e verification form.
· · Applicant
ITATI OF ~LORIDA )
,, · - . ) se. CD
THE FOI:OCGOING was acknowledged before me by '.'
WITNESS my hand and off~c£al seal this
Not icy PublLc
· , ~loyer Verification=
ApplLcant'e Gross Annual Income or Rate of eay~ $. ..,'
Numar Of Houri Worked (Weekly)s
Fte~ency of Paul ~ . ..".'
~Unt Of BOnUlel, Tips, or other Compennation ReceLved~
Ho~hly. ~nnually
:
' ~uparviao~
:' ITAT~ OF F~R:DA )
T~ FORGOING was acknowledged before
WZTNZSS my hand and o~lcial eeal thi~ -- day of , 1991.
Notary PubLic ,'.'
My Co. Lesion ~xpires~
THE VERIFICATXON HERE REQUESTED MAY TAKE TIlE FOPOI OF TIlE MOST REC~:NT YEAR'S FEDERAL INCOME
TAX RETURN FOlt EACH OCCUPANT WIlD HAS FILED AND WILL OCCUPY TIlE AYFORDAULE UNIT.
Page
ADpandix B, ExhLb/~ B AFFORDhGLE ttOU$It~O APPLICANT ~NCOHE V~RIFIChTIO~t "
THE VERIFICATION HERE REQUESTED ~Y TAKE TIlE FO~ OF TIlE }lOST ~ECENT YEAR'S FEDE~L IllCOllE
T~ RETU~ FOR EACH ~CUPANT WHO HAS FILED AN~ WILL OCCUPY TIlE AFFORDABLE UIIIT,
~-Tenan~
' STATE OF F~RIDA
~UNTY OF COLLIER )
THE FO~GOIN~ waI ~knowledg~ be~or~ m~ bY ·
Notary ~ublic
~l S~E MUST El EXERTED FOR EACH OCCUPANT OF TIlE ~OUSEHOLD W}IO CONTRIg~TED TO TNE ANNUAL
~USEHOLD .ZNC0~E, FAZLU~ TO ~PORT ~L SOURCES OF HOUSEHOLD INCOME WILL ~SULT
DISQU~IFZ~TIC'N FOR TEN~CY IN AFFO~ABLE HOUSING UNIT,
Page 6 o~ ?
Ap~ndLx 8, Zxh£b£t C
O&te~
Co-Tenant
Add£ele o~ Unit to be Rented:
' i r£c~tlon. Z cert/gy that the /nEormat/on provLdod in the
·: ~.:..:~ie Ilouu/r.g UllLt and in the Affordable }lauDing Appi/can~
.,..,~:~u~l la true and complete to the beat o~ my knowledge and beiLe~,
· t~ o~ incomplohe /n~ormat[on on my applLcat/on, /nco~o
understand that changee Ln my Lncome uhLch may ~ect my ~uaLL~Lca~Lon
in a~o=d~bZe =ent~.unLt Ln thia deveio~enC mu.t be =eDo~to~ to the party ~eeponaLb~e
execut/ng my lanai.
unde~l~and tha~ my [nc~l muaC be vec/~Led and cectL~Led each yeac upon renewal of my lille
that failure to compZete annua[ /nc~e ve=/ficat/on and income cattlE[cation
vacation of the affordable unit.
N~ 'SION ~lS 'FO~ ~IL YOU ~ ~ THE CERTIFI~TION STATE~t~S A~O~.
~DERST~ ~ OF THE FO~ING CERTIFI~TION STATE~NTS, ASK Qt~STIO}~S
TENET Date
~ FO~COIN~ ~a~ ac~ledged before me by
~ITN~S my han~ and ofJ[c[al eeal ~h[e day oE ~991.
. ~-TEN~T Date
ITATI OF F~SZDA )
THE FOREGOING was acknowledged before mo by "
%,,~
Notary Public
C~[oeLon Exp/rea:
Page 7 of 7
· . .-'"' ,4 ? ?.'t:?.:, ?D~~.'. ;J,?:.:: .'.: '. · ; ' ' ~""
.... . ~.. ....... :. :..~:--
APPENDIX C ' :"f ' '
Developer Application For Affordablo Hoash~g Density Bonus
ii::-" ' '
,..~, :;.'...--?....':.:.
:~.!,:~ .:. . ..
, ~;~.~:.:, ~...-~.~.::-:
· ..::.~ ~
!'; ,~,, : . . :','.
,..~ :...
'~:: ~!.. ..
-.~',~
Appendix C ~
Developer Application For ~ff~rdable ~[ousin~ Density Do~u~
Pursuant to the requiremeht~ of the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, Section 6.4, p165sa
complete this form and submit it with any accompanying documenta- ~
tion to the Development Services Director, 2800 North Horseshoe ~3
Drive, Naples, Florida 33942. A copy must also be provided to the ~ ~
Housing and Urban Improvement Director.
All iteme requested must be provided.
1. Please state what zoning districts ara proposed by the
applicant, if any, on the property and the acreage of each;
2. Has an application for razonlng been requested tn conjunction
with the affordable housing density bonus?
Yes - X ~ No .....
.. .If yes, state date of a'pplicstion "~: -~= . and if tile
~ ' '~ request has be'en approved, state the_Ordinance number ·
} .. 3. Gross density of the proposed development. ~ units/acre.. _: '
" Gross acreage of 'the proposed development. /9.86 acres. . .;~:. :.
4. Are affordable housing density bonus units sought in
conjunction with an application for a planned unit development....
(PUD)? ~ Yes No.
If yes, please state name and location of tho PUD and any other
id.ntifying information.
5. Name of applicant o er ~es ~.
Name of land developer if not the ~ame as applicant
~e as a ca t
Page i of 3
Appendix C ~,, /
Developer Application For Af~rdahl~ llou~ilxg Dun~ity B6nu:
6. Please complete the foll6wing tables as thuy apply to
proposed development.
TABLE I Nu e t ore o mM CD
Type of Owner
Efficiency
One Bedroom
~o Bedroom
TOT~
TABLE II o U '.~f ..
Total Number of Proposed Use for '...~.-A
Affordable Units :' Density Bonus Units
in Development
3 Bedroom
~W INCOME
Efficiency
2 Bedroom ~ 5
.Other
Page 2 of 3
Appendix C
Developer Application For Affordable Hou~!n~ Density B6nus
TABLE II (Continued)
Total Number of Proposed Use for.,
Afforduble Units Density Bonus
in Development Units
Rental Owner Rental Owner
CD
VERY LOW INCOME O c
Efficiency
· I Bedroom
· " 2 Bedroom
3 Bedroom
Other
TOTAL
· 7. Please provide a physical description of the affordable u~its
by type of unit (moderate, ~ow, very low income) and by number cf
- '" bedrooms. Include in your description, for example, the square ~}mk"~
footage of each type of unit, floor cov~rings used throughout
· ..i:..'.. unit (carpeting, ttle,'vinyl flooring); window treatmentS;
:i::;.¢i/::~;!<.iii,'~i:I appliances providea such as washer/dryer,z, dishwasher, stove,
<v·..·'.i..<.'?:.' refrigerator; bathroom amenities, such as ceiling exhaust fans;
= . any other amenities as applicable. Attach additional pages.
~.8. Please ~upply any other information which would reasonably b
needed to address this request for an affordable housing density. ."~'~".-..,
"' '" bonus for this development. Attach additional pages ..,~ ......
· Additional page attached.
Page 3 of 3
Additional Page
Page 3 of 3
' Item $8
" J.R. Progerties
Wooc~land Glen
The forty-four (44) one bedroom unit~ w[11 contain G50-750 ~uarO
feet~ the eighty-eight (88) t~o bedroom, two bath ul~lts ~!ll
900-1,000 square fee=~ and ~he forty-four (44) three bedroom, t~o
bath units will contain 1,000-1,150 squaru fuu~. ~xuct
dimensions will be determined by architectural and financing
considerations. Units will contain the following
mtoves, refrigerators, disgosal~, di~hwa~hers, washer/dryers and
central air conditi'°ning. Floors ~lll have curgets in all but th~
kitchen and bath, which will be vinyl flooring. Bathroom
will contain a tub with shower, and the two bath units will have
: shower stall in one bath. Each bath will have an exhaust fan.
· ,~%%,,~, .. ..... ~ .......· · ..: , :. = -. .