Ordinance 99-83ORDINANCE 99- 8 3
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 06335
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE VICTORIA FALLS PUD HAVING
THE EFFECT OF INCREASING THE NUMBER OF
RESIDENTIAL DWELLING UNITS FROM 76 TO A
MAXIMUM OF 115 AFFORDABLE HOUSING
DWELLING UNITS, FOR PROPERTY LOCATED ON
THE NORTH SIDE OF BAREFOOT WILLIAMS
ROAD, APPROXIMATELY 400 FEET SOUTH OF U.S.
41, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 25.41 + ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 91-86, THE
FORMER VICTORIA FALLS PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of MeAnly Engineering and Design, Inc., representing Habitat for
Humanity of Collier County, Inc., 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;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 33, 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 numbered
06335, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 91-86, known as the Victoria Falls PUD, adopted on September 16, 1991,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _.,~r~.day of ~~:l~t~_, 1999.
ATTEST:
DWIGHT E. BROCK, Clerk
':' ' ~.0_ ·
'.?h"V _ '~ ~' .~,
provea
Legal Sufficiency
Marjori0 M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
This ordinance filed w~h the
Secretary of State's Offi,' , :;m
~ day of ~, J ~
and acknowledgement of ~ha!
filing received this ~ ¢:iay
g/admin Ordinance/PUD-80-10(2)/DM/im
-2-
VICTORIA FALLS
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING VICTORIA FALLS,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PKOVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11550 EAST TAM]AMI TRAIL
NAPLES, FLORIDA 34113
PREPARED BY:
McANLY ENG~ERING AND DESIGN, l~qC.
5435 PARK CENTRAL COURT
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC 11/4/99
DATE APPROVED BY BCC 11/23,/99
ORDINANCE NUMBER 9943
AMENDMENTS AND REPEAL
Exhibit "A"
TABLE 0F CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
Legal Description, Property Ownership and General Description
Project Development
Residential Development Standards
Preserve Area
Development Commitments
i
I-1
II-1
III-1
IV-I
V-I
L,IST OF EY~HIB, ,~S AND TABLE. S
EXHIBIT A
PUD MASTER PLAN
EXHIBIT B
AGREEMENT AUTHORIZING
AFFORDABLE HOUSING DENSITY
BONUS AND IMPOSING COVENANTS
AND RESTRICTIONS ON REAL
PROPERTY
TABLE I
PROIECT LAND USE TRACTS
STATEMENT OF COMPLIANCE
The development of approximately 25.41 acres of property in Collier County as a Planned Unit
Development to be known as Victoria Falls 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 Victoria Falls PUD are 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:
The subject property for development is within the Urban Mixed Use District/Urban Coastal
Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective 1
of the Future Land Use Element (FLUE), and the uses contemplated are consistent
therewith.
The project is a proposed to be an affordable housing, single-family residential
development. The Density Rating System of the FLUE provides for 3 dwelling units per
gross acre when a proposed project is within the Traffic Congestion Boundary, as depicted
on the Future Land Use Map. An Agreement Authorizing Affordable Housing Density
Bonus and Imposing Covenants and Restrictions on Real Property (Exhibit B), is attached
to, and made a part of this PUD Document. Although only 1.5 dwelling units per gross
acre density bonus is being utilized, the project being 100% very iow income housing is
eligible for 8 dwelling units as a density bonus (refer to Appendix "C" in Exhibit B). This
density bonus of 1.5 dwelling units per gross acre added to the base density of 3 dwelling
units per gross acre provides for a gross project density of 4.5 dwelling units per acre. The
proposed density of Victoria Falls PUD is 4.5 units per gross acre, which is less than what is
provided for by the FLUE Density Rating System, and is therefore consistent with the
Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan.
By virtue of the fact that this PUD provides for affordable housing for very low income
families in three bedroom single-family homes, this PUD development serves to implement
Objective 1.5 of the Housing Element.
The development will be compatible with and complementary to existing and planned
surrounding [and uses.
The development of Victoria Falls PUD will result in an efficient and economical extension
of community facilities and services as required in Policies 3.1 .H and L of the Future Land
Use Element.
Victoria Falls PUD is consistent with and furthers Policy 5.5 of the Future Land Use
Element in that it is using existing land zoned for urban uses.
Victoria Falls PUD implements Poliey $.6 of the Future Land Use Element in that more
than 60% of the project will be open space or reserved for conservation purpos&s.
o
The Master Development Plan, with its extensive natural area and open apace areas, and
with its moderate residential density, will insure that the developed project will be an
attractive and enjoyable residential development.
ii
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
1.2
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Victoria Falls PUD.
LEGAL DESCRIPTION
A parcel of land .lying within Section 33, Township 50 South, Range 26 East, Collier
County, Florida, being more specifically described as follows:
From the Southeast comer of said Section 33, bear North 89053'49'' West along the
Southerly lines of said Section a distance of 906.52 feet to the Point of Begirming;
Thence continue North 89°53'49" West along said Section line a distance of 1720.16 feet to
the Southwesterly comer of the Southeast Quarter of said Section;
Thence North 89059'22" West along said Section line a distance of 94.58 feet to the
Easterly Right-of-Way line of Barefoot Williams Road, having a 60 foot Right-of-Way as it
presently exists;
Thence North 9003'22'' West along said Easterly Right-of-Way line a distance of 158.91
feet to a Point of Curvature of a circular curve concave to the West having a radius of
760.00 feet;
Thence Northerly along the arc of said curve through a central angle of 28°28'07'', a
distance of 377.62 feet to the Southeasterly Right-of-Way line of a proposed 60 feet wide
road, and to the Point of Tangency of said curve;
Thence North 52°28'31" East along said Southeasterly Right-of-Way line a distance of
207.99 feet to a Point of Curvature of a circular curve concave to the Northwest having a
radius of 1030.00 feet;
Thence Northeasterly along the arc of said curve through a central angle of 16053'32", a
distance of 303.67 feet to a Point of Tangency of said curve;
Thence North 35034'59" East, a distance of 248.79 feet;
Thence South 5402S'01*' ]hot, parallel with and 400 fleet f~om tho Southeasterly Rlsht. of-
Way line o£ U.S. 41 es it presently exists, and a distance of' 1804.22 feet to tho Point of.
Beginning.
Containing 25.41 acres, more or less.
Beatings as mentioned herein are based of the Boundary Map prepared by Tfi-County
Engineering, Inc., Drawing No. C-1439-1 and do not refer to true meridian.
I-1
1.3
PROPERTY OWNERSHIP
The subject property is owned by Roger Caravallo and John Gobeil. Habitat for Humanity
of Collier County, Inc. is a contract purchaser of the property.
1.4 PHYSICAL DESCRIPTION
The development property is located in the south half of Section 33, Township 50 South,
Range 25 East. The proposed project site is presently undeveloped, but has been utilized in
the past for row-crop agriculture. Historically, timbering and cattle grazing have occurred
on the property. The majority of the propeay's jurisdictional wetlands have been
extensively infested with the exotic species Melaleuca, Brazilian pepper, and downy
rosemyrtle. The property is generally without topographic relief, with elevations ranging
from 4.3' to 5.8' above mean sea level. Slightly more than half of the site contains areas of
jurisdictional wetlands which are characterized as transitional wetlands in which the
predominant vegetation is Melaleuca, with a mix of pine and cypress and associated upland
and wetland plants. The water management system consists of approximately 5 acres of
upland and wetland preserve and 12 + acres of open space which will receive runoff fi'om
structures, roads and parking areas. Runoff is collected by catch basins and culvert systems
for conveyance to water management detention areas for water quality treatment which
overflows into the preserve area, with the proposed outfall to be at the project's
southeasterly corner into an existing ditch which connects to the Lely C-4 Canal. Allowable
discharge rates will be 0.15 cfs/acre, in accordance with Collier County Ordinance No. 90-
10. The controlled perimeter of the water management system will be maintained at an
elevation of 5.5' NGVD.
1.5 PROJECT DESCRIFrION
The Victoria Falls PUD shall be a single-family residential development for very low
income families. Although the project will not be amenitized like an up-scale residential
development, there will be the possibility to provide areas for social and recreational space.
Access to the property will be from U.S. 41 via an existing 60 foot easement which will be
improved with a 24 foot wide roadway built to County standar~ls.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Victoria Falls Planned Unit Development
Ordinance".
I-2
SECTION Il
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
PURPOSE
The purpose of this Section is to delineate and 8enerally describe tke project plan of
development, relationships to applicable County Ordinances, the respective land uses of the
Victoria Falls PUD development, as well as other project relationships.
GENERAL
Ac
Regulations for development of Victoria Falls PUD 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 and
Growth Management Plan 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.
Bo
Unless otherwise noted, the definitions of ali 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.
Co
All conditions imposed and all graphic material presented depicting restrictions for
the development of Victoria Falls PUD shall become part of the regulations which
govern the manner in which the PUD site may be developed.
Do
Unless modified, waived or excepted by this PUD, the provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, 'Adequate Public
Facilities, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan, Final Plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
The project Master Plan, including layout of streets and use of land is iljustrated
graphically by Exhibit "A", PUD Master Plan.
TABLEI
PROJECT LAND USE TRACTS
TRACT'~"
TRACT'~"
TYPE UNITS/SO. FT. ~
RESIDENTIAL 115 20.0
PRESERVE 0 5.0
II-1
In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 115 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 25.41 acres. The gross project density, therefore,
will be a maximum of 4.52 dwelling units per acre.
2.5 PRO,IECT PLAN APPROVAL REQUIRRMENTS
Ao
Prior to Final Local Development Order issuance for all or pan of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan and
the Collier County Land Development Code.
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.6 USE OF RIGHTS-OF-WAY
All platted project streets shall be public and shall b'e classified as local streets.
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier
County Land Development Code. Minor changes and refinements as described in
Seotion ?.iI.C. of this PUD dooument may be made in oonn~tion with any type of
development or permit appllo,tion required by the Collier' County Z,~zd
Development Code.
H-2
2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing Victoria Falls PUD.
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within Victoria Falls PUD, the developer
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association, or Master Condominium Association, whose function shall include provision
for the perpetual care and maintenance of all common facilities and open space, subject
further to the provisions of Section 2.2.20.3.8. of tho Collier County Land Development
Code.
2.9 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Victoria Falls PUD. Fill
material generated may be stockpiled within areas designated for residential development.
Prior to stockpiling in these locations, an application for cleating and filling in accordance
with Section 3.2.8.3.6. of the Land Development Code, along with plans showing the
locations and cross-sections shall be submitted to Collier County Engineering Review
Services for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: Thirty-five (35) feet
C
Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level. If fill is spread to a height less than four feet over residential
development areas which are depicted on an approved, Site Development Plan, no
fencing is required.
Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code, and stockpiling retained for periods greater than 90 days be
seeded with grass. If fill is spread to a height less than four feet over residential
development areas which are depicted on an approved Site Development Plan,
erosion control is required, but no seeding with grass is required.
E. Fill storage shall not be permitted in Preserve Areas.
2.10 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Victoria Falls PUD requires a permit fi'om a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Cn'owth Management Plan, a minimum of 6.35 acres (25% of the viable,
naturally functioning native vegetation on site) is required to be retained, or mitigated
through replanting.
II-3
2.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code, and shall be the standards of development for the
PUD. Thenceforth, development in the area delineated as the PUD District on the Official
Zoning Atlas will be governed by the adopted development regulations and PUD Master
Plan.
II-4
SECTION HI
RESIDENTIAL DEVELOPMENT
3.1
3.2
3.3
PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the PUD Master Plan, Exhibit "A".
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of development plan review, but shall not exceed 11 $ dwelling units.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Single-Family detached dwellings.
B. Accessory Uses:
l) Customary accessory uses and structures including but not ~imited to private
garages, and swimming pools with or without screened enclosures.
2) Utility facilities and/or easements (including rights-of-way easements).
3) Signase (see Section 5.10 of this document). '
4) Water management facilities.
5) Project recreation facilities; project administrative offices, which may occur
in recreational buildings and/or in a temporary building until such time as
permanent structures are available.
$.4
DEVELOPMENT STANDARDS
Ao
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edse of
pavement, whichever is closer to the s~ruoture. Condominium~omsown~ts'
association boundaries shall not be utilized for determining development standards.
MINIMUM LOT AREA: 3,500 square feet.
AVERAGE LOT WIDTH: 50 feet.
Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less
than 80% of the required lot width at the front setback line.
III-1
Fo
MINIMUM YARDS (Principal Structures):
Front Yard: 20 feet.
Side Yard: 7.5 feet.
Rear Yard: 20 feet.
Minimum Distance Between Structures: 15 feet.
IvffiqlMUM YARDS (Accessory Structures):
Froot Yard: Same as principal structure.
Side Yard: Same as principal structure.
Rear Yard: Detached: 20 feet.
Attached: 10 feet.
SPECIAL SETBACK: All structures shall maintain a minimum 30 foot setback
from the project's south property boundary,
MINIMUM FLOOR AREA: 1,000 square feet.
OFF-STREET PAKKING AND LOADING KEQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
MAXIMUM HEIGHT: 20 feet.
III-2
SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to set forth the devdopment plan for areas designated as
Tract '~P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, in their natural state
4.2 USES PERMITTED
No building or structure or pan thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to regional, State and Federal permits,
when required:
A. Principal Uses:
1) Open spaces/Nature preserves.
2) Water management facilities.
3) Mitigation areas.
4)
Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to appropriate approval by permitting agencies.
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), 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 of Division 3.2 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 follow the Master Development 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, any successor or assignee in title to
the developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a condominium/homeowners' association to be created by
the Developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments.
5.3 PUD MASTER DEVELOPMENT PLAN
Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final plattinit or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made fi.om time to time.
Bo
All necessary easements, dedications, or other instruments shall be granted to insure
thc continued operation and maintenance of all services and all common areas in the
project.
The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Victoria Falls PUD Master Plan upon written request of the developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Comer
County Growth Management Plan and the Victoria Falls PUD document.
The minor change or r~flnement shall not constitute a substantial olumge
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
V-1
5.4
5.5
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses,
water management facilities, and Preserve Areas within, or external to
the PUD boundaries.
2)
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 5.3.C. l) of this document:
Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory asency review and
permitting. There may be no overall decrease in Preserve Area.
bo
Reconfiguration of water management facilities where such changes are
consistent with the criteria of the South Florida Water Management
District and Collier County.
c. 'Internal realignment of roadways.
d. Reconfiguration of residential parcels when there is no proposed
encroachment into Preserve Area.
3)
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4)
SCHEDULE
PROVISION
Approval by the Administrator of a minor change or refinement may occur
independently from and prior to any application for Subdivision (if required),
or Site Development Plan approval, however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
applicable County permits and approvals.
OF DEVELOPMENT/MONITORING REPORT AND SUNSET
Ao
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
Bo
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
TRANSPORTATION
The proposed new road connecting this project to U. S. 41 shall be completed and
available to traffic before any certificates of occupancy are issued.
Prior to the issuance of the first Certiflcat~ of Occupancy, and subject to Florida
Department of Transportation approval, the developer shall provide a eastbound
risht turn deceleration lane, and a westbound left turn storage lane and a new
restricted median opening on U.S. 41.
V-2
5.6
$.7
WATER MANAGEMENT
The developm~t of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Detailed paving, grading and site drainage plans shall be submitted to the South
Florida Water Management District (SFWMD) for review and approval. No
construction permits shall be issued unless and until approval of the proposed
construction, in accordance with the approved plans, is granted by SFWMD.
At the time of construction permit, the applicant shall provide information on the
existing ditch to be used as the outf'all. This information shall be reviewed by Public
Works Engineering Department Staff, and shall be include but not be limited to
cross-sections of the ditch, any drainage easements, and calculations pertaining to its
capacity and any necessary improvements.
UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
5.8 ENVIRONMENTAL
The development of this PUD Master Development Plan shal! be subject to and governed
by the following conditions:
Environmental permitting shall be in accordance with the 'State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Current Planning Environmental Staff. Removal of exotic vegetation alone shall not
be the sole component of mitigation for impacts to Collier County jurisdictional
wetlands.
All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with
protective covenants per, or similar to, Section ?04.06, Florida Statutes.
Buffers shall be provided around wetlands, where possible, extending at least fifteen
(15) feet landward from the edge of the wetland preserves in gl pi~oes, and average
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are
not provided, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules, and be subject to review and
approval by Current Planning Environmental Staff.
V-3
Go
The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to "listed species". Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis o.n the conservation/preservation areas, shall be submitted to
Current Planning Environmental Staff for review and approval prior to Final Site
Plan/Construction Plan approval. A commitment to scheduling of initial exotic
removal within all the preservation areas shall be a part of this plan.
The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development
order apprOval.
This PUD shall be subject to the provisions of Section 3.9.5.5.3. of the Collier
County Land Development Code, wherein 25% of the viable naturally functioning
native vegetation on-site shall be retained (a minimum of 6.35 acres). The Preserve
Tract has been designated has been designated to preserve :5 acres; the remaining
1.35 acres shall be identified at the time of the first development order submittal.
5.9 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for a construction site office and model center.
5.10 SIGNS
5.11
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code. '
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Victoria Falls PUD, except in Preserve Areas. The following standards shall
apply:
A. Landscape berms shall have the maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
3) Rip-Kap berms 1:1
4) Structural walled berms may be vertical
Bo
Fence or wall maximum height: 9 feet, as measured from the finished grade of the
ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constructed on a perimeter
landscape berm. In these cases, the f~noe or wall shall not exceed 6 feet in height
from the top of berm elevation with an average side slope of greater than 4:1 (i.e.
3:1, 1:1, or vertical).
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas.
V-4
EXHIBIT "A"
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the ~31:~ day of "~c~.
Habitat for Humanity of Collier County, Inc.
County Commissioners (the "Commission").
RECITALS:
,1999, by and between
(the "Developer") and the Collier County Board of
A. The Developer owns a tract of real property described as (complete legal description)
See Attached "Exhibit A"
owners include
(The "Property") The legal and equitable
Glenn Talbolt, Gobeil Group, and Roger Carvallo
It is the Developer's
intent to construct a maximum of 115 residential units (the "Units") at a density of 4.__.._~5
units per gross acre on the Property. The gross acreage of Property is 25.41 acres. The number
of affordable Units constructed by Developer shall be _115_, representing _100 percent of the
total number of residential Units in the development.
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 be granted by the Commission in
accordance with the strict limitations of said Ordinance.
C. The Commission is willing to grant a density bonus to the Developer authorizing
the construction of 3_._2_9 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.
NOW, THEREFORE, in consideration of the approval and granting of the density bonus
of 3__2_9 units per acre requested by the Developer and the benefits conferred thereby on the
Property, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows:
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
_115,_ affordable Units which Units shall be sold 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 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 ap.~ropriate
securi~, maintenance and appearance of the development and the dwelling Units.
a. The following provisions shall be applicable to the affordable Units:
(1) Defi~,itions. 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 pla~ or site
development plan; or (b) in developments where phased construction is not depicted on a PUD
master plan, subdivision master plan or site development plan, the construction of buildings or
structures in a clearly defined series of starts and finishes that are separate and distinct within the
development.
(2) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may
be increased each year from the date of this Agreement as long as the rent' does net exceed
one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very iow income),
and 60 percent (for Iow income) of the then applicable median adjusted gross annual incon'.e 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 iow income family
shall not exceed 90 percent of the re,at charged for a comparable market rate dwelling in th~' same or
similar development.
(3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be
the then current median income for the Naples Metropolitan Statistical Area, established periodically
by HUD and published in the Federal Register, as adjusted for family size as shown on the tables
attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time t,:, time in
accordance with any adjustments that are authorized by HIJ'D or any successor agency. In the event
that HUD ceases to publish an established median income as aforesaid, the parties hereto shall
"~: i mutually agree to another reasonable and comparable method of computin$ adjustments i~ median
income.
(4) Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family
income; and 3) execution of an income certification form. All three steps shall be aceo'nplished
prior to a tenant being 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
- 2 -
housing unit provided under the affordable housing density bonus program prior to being qualified
at the appropriate level of income (Iow or very low income) in accordance with this Section.
The Developer shall be responsible for qualifying tenants by accepting applications from
tenants, verifying income and obtaining income certification for ali affordable units in the subject
development. All applications, forms and other documentation required by this Agreement shall be
,vided to the Housing and Urban Improvement Director. Qualification by the Developer of any
tenant as an eligible tenant family shall be subject to review and approval in accordance with the
monitoring and enforcement program created and adopted by Resolution of the Commissiov..
(a) Application. A potential tenant shall apply to the d,~veloper,
owner, manager, or agent to qualify as a low or very low income family for the purpose of renting
and occupying an affordable housing rental unit pursuant to the affordable housing density bonus
program. The Preliminary Application for Affordable Housing Unit shall be provided by the
Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this
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 Iow or
very Iow income family. Tenant income verification and certification shall be repeated annually to
assure continued eligibility.
(c) Income Verification. The Developer shall obtain written
verification from the potential occupant (including the entire household) to verify all regular sources
of income (including the entire household). The most recent year's federal income tax retu'cn for the
potential occupants (including the entire household) may be used for the purpose ot' income
verification, if attached to the Affordable Housing Applicant Income Verification fon~n, which
includes a statement to release information, tenant verification of the return, and a signature block
with the date of application. The verification shall be valid for up to ninety (90) days prior to
occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the
original sources for an additional 30 days, provided it has been documented by the person preparing
the original verification. After this time, a new verification form must be completed. The
Affordable Housing Applicant Income Verification form shall be provided by ~he Housing and
Urban Improvement Director as shown in Appendix B, Exhibit B, attached to thil Agreoment and
incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application
for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require that an income certification form shall be executed by the potential tenant
(including the entire household) prior to rental and occupancy of the affordable housing unit by the
tenant. Income certification shall assure that the potential occupant has a Iow or very Iow household
income which qualifies the potential occupant as an eligible family to rent and occupy an affordable
-- 3
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.
~udc the following:
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(e) Rental Agreement. At a minimum, the rental agreement shall
name, address, and telephone number of the head of household and all other
occupants;
a description of the unit to be rented;
the term of the lease;
the rental amount;
the use of the pre mises;
monitoring and enforcement provisions, including disqualification of tenant; and
the rights and obligations of the parties.
Random inspection of files containing required documentation to verify occupancy in
accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted by the
Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such
tenant shall be require,d to vacate the affordable unit. If tenant vacation of the affordable unit is the
result of an error, omission or misrepresentation made by Developer, tenant shall vacate the
affordable unit within thirty (30) days and Developer shall pay penalties as provided by the
monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a
misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall
pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer~.shall provide
the Housing and Urban Improvement Director an annual progress and monitoring report regarding
the delivery of affordable housing rental units throughout the period of their construction, rental and
occupancy. The annual progress and monitoring report shall, at a minimum, provide any
information 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
~shail be submitted by the Developer to the Housing and Urban Improvement 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 fii~y dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty
(60) day submission deadline. No more than one such extension may be granted in a single year.
The progress and monitoring report shall be in a form provided by the Housing and Urban
Improvement Director.
- 4 -
(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 the Developer has met
ali required conditions to qualify for a density bonus, in addition to the base residential density of
3 units per acre, and is therefore granted a density bonus of 1.5 density bonus units per acre,
for a total (total = density bonus units per acre X gross acreage) of 39 density bonus units,
pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The
Commission further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 115 units on the Property provided the Developer is able to secure building permit(s)
from Collier County.
4. Commission Agreement. During the term of this 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
occupy, an affordable housing rental unit provided under the affordable housing density bonus
program except as specifically permitted by the terms of this Agreement; or to knowingly give false
or misleading information with respect to any information required or requested by the Housing and
Urban Improvement Director or by any other persons pursuant to the authority which is delegated to
them by the Ordinance.
Collier County or its designee shall have full power to enforce the. terms of this
Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the
option of the Commission by criminal enforcement pursuant to the provisions Of Section 125.69,
Florida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board 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
;.' 'mprovement 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
signed and dated by the Housing and Urban Improvement Director or such other County personnel
as may be authorized by the Board of County Commissioners, shall specify the violation or
violations, shall state that said violations(s) shall be corrected within ten (10) days of the date of the
Notice of Violation, and shall state that if said violation(s) is/are not corrected by the specified date
in the Notice of Violation, the Housing and Urban Improvement Director shall issue a citation which
shall state the date and time of issuance, name and address of the person in violation, date 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
'on of the Commission, building permits or certificates of occupancy, as applicable, may be
withheld for any future planned or otherwise approved unit located or to be located upon the
Property until the entire project is in full compliance with this Agreement and with Ordinance No.
90-89, as amended.
6. Assignment by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the Property
provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer
may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under
this Agreement to any successor in interest to the Property without the express written consent of the
Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the
duties, obligations, or promises under this Agreement to any successor in interest to the Property
without the express written consent of the Commission as required by this Section shall be void ab
initio.
?. Severability. If any section, phrase, sentence or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and all other provisions shall remain
effective and binding on the parties.
8. Notice. Any notices desired or required to be given under this Agreement shall be in
writing and shall either be per:zonally delivered or shall be sent by mail, postage prepaid, to the
parties at the following addresses:
To the Commission:
Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer: Habtta.t for H~tt, y of Collt,ar County,' Inc.
11550 East Tamiami Trail. ,,
Naples, Florida 34113
Any party may change thc address: to which notices are to be sent by notifying the other party of
such new address in thc manner set forth above.
9. Authority to MonitOr. The parties hereto acknowledge that the Director of Collier
County Housing and Urban Improvement or his designee shall have thc authority to monitor and
enforce Developer's obligations hereunder.
- 6 -
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold
Collier County and its officers, employees, and agents harmless from and against any and all claims,
penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable
attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct
or negligent act, error or omission, or liability of any kind made by Developer, its agents or
'floyees, arising out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute
covenants, restrictions, and conditions which shall run with the land and shall be binding upon the
Property and against every person then having any ownership interest at any time and from time to
time until this Agreement is terminated in accordance with Section 14 below. However, the parties
agree that if Developer transfers or conveys the Property to another person or entity, Developer shall
have no further obligation hereunder and any person seeking to enforce the terms hereof shall look
solely to Developer's successor in. interest for the performance of said obligations.
12. Recording. This 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 heir~;,
successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain and be
maintained as the type of affordable housing rental unit (low or very low income) designated in
accordance with this Agreement for at least fifteen (15) years from the date of issuance of a
Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon
a date mutually agreed upon by the parties and stated in writing.
15. Modification. This Agreement shall be modified or amended only by the written
agreement of both parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate against
any tenant or potential tenant because of said tenants race, color, religion, sex, national origin,
familial status, or handicap.
b. When the Developer advertises, rents, sells or maintains the affordable
.... :rasing unit, it must advertise, rent, sell, and maintain the sam~ in a non-discriminatory manner and
shall make available any relevant information to any person who is interested in renting or
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rental or purchase of affordable units.
d. The affordable housing units in the development shall be identified on all
building plans submitted to the County and described in the Developer Application for Affordable
Housing Density Bonus.
_ "']
e. The affordable housing units shall be intermixed with, and not segregated
from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable housing units
shall be the same as market rate dwelling units in the development. All physical amenities in the
dwelling units, as described in item number seven (7) of the Developer Application for Affordable
~sing 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 (7) of the Developer Application for Affordable Housing Density
Bonus shall be the same in both the market rate units and the affordable units in each phase. Units
in a subsequent phase may contain different amenities than units in a previous phase so long as the
amenities for market rate units and affordable units are the 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 Deve oper 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 100 percent
affordable housing units for th's project, with 100 percent of the units in each phase as
built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the potential
tenant, buyer or lender of the particular affordable housing unit or units, which units in the
development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be consistent with
the Growth Management Plan and land development regulations of Collier County that are in effect
at the time of development. Subsequently adopted laws and policies shall apply to this Agreement
and to the development to the extent that they are not in conflict with the number, type of affordable
housing units and the amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This Agreement is a
distinct and separate agreement from development agreements as defined by Chapter 163.'-'.220, Fla.
Stat. (1989) and as amended.
21. Preapplication. Developer has executed and submitted to the Development Services
':' firector the Developer Application for Affordable housing Density Bonus, a copy of which is
attached to this Agreement as Appendix C and incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
23. Further Assurances. The parties hereto shall execute and deliver, in recordable form
if necessary, any and all documents, certificates, instruments, and agreements which may be
reasonably required in order to effectuate the intent of this Agreement. Such documents shall
- 8 -
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has terminated in accordance with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
ttest as te
slgn~tur~
BOARD OF COUNTY COMMISSIONERS
COLLIER CfilUNTY, FLORIDA
PAIVirELA S. MAC'K~E, chAff~W6MAN
DEVELOPER
Witnesses:
Habitat/for Humanit~t o£ Collier County, Inc.
- Dr. S'~muel J. Durso M.D., President
Approved as to form and legal sufficiency:
Heidi-F~-~As~ton
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
WITNESS my hand and official seal this
day of fffl~,~.., , 1999.
U N°tary Public D
9
"EXHIBIT A"
VICTORIA FALLS LEGAL DESCRIPTION
A parcel of land lying within Section 33, Township 50 South, Range 26 East, Collier County,
Florida, being more specifically described as follows:
From the Southeast comer of said Section 33, bear North 89053'49'' West along the
Southerly lines of said Section a distance of 906.52 feet to the Point of Beginning;
Thence continue North 89053'49'' West along said Section line a distance of 1720.16 feet to
the Southwesterly comer of the Southeast Quarter of said Section;
Thence North 89059'22" West along said Section line a distance of 94.58 feet to the Famerly
Right-of-Way line of Barefoot Williams Road, having a 60 foot Right-of-Way as it presently
exists;
Thence North 9003'22" West along said Easterly Right-of-Way line a distance of 158.91 feet
to a Point of Curvature of a circular curve concave to the West having a radius of 760.00 feet;
Thence Northerly along the arc of said curve through a central angle of 28°28'0T', a distance
of 377.62 feet to the Southeasterly Right-of-Way line of a proposed 60 feet wide road, .a~d to
the Point of Tangency of said curve;
Thence North 52°28'31'' East along said Southeasterly Right-of-Way line a distance of
207.99 feet to a Point of Curvature of a circular curve concave to the Northwest having a
radius of 1030.00 feet;
Thence Northeasterly along the arc of said curve through a central angle of 16°53'32'', a
distance of 303.67 feet to a Point of Tangency of said curve;
Thence North 35°34' 59" East, a distance of 248.79 feet;
Thence South 54°25'01'' East, parallel with and 400 feet from the Southeasterly Right-of-
Way line of U.S. 41 as it presently exists, and a distance of 1804.32 feet to the Point of
Beginning.
Containing 25.41 acres, more or less.
Bearings as mentioned herein are based of the Boundary Map prepared by Tri-County
Engineering, Inc., Drawing No. C-1439-1 and do not refer to true meridian.
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
115
115
(1) Base residential density allowed in this development 3 units/acre.
(2) Gross acreage
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 1. ~ units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 4.5 units/acre.
Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) lO0 %.
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers
pledging to construct affordable units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low income
households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner-occupied or rental, single-family or multi-family) and p,,'rcentage 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 a~d 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 ti~e affordable
housing unit(s) proposed in the development, and the type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/10th 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 fiousi:~g 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.
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
NUMBER OF BEDROOMS/UNIT
EFFICIENCY 2 3 OR
MODERATE (OWNER-OCCUPIED,
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI-FAMILY)
0 1' 1'
2 $. 4
*For cjuster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSff,:G
DENSITY BONUS RATING
% OF AFFORDABLE HOUSING UNITS
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
:3 2 3, 4 5.
4 3 4 5 ~
5 4 5 7
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
APPENDIX A, EXHIBIT C
INCOME AND RENT LEYELS FOR THE LOW AND MODERATE INCOblE.
Pursuant to the Impact Fee Ordinances, adopted by the Bo~d of County Commissioners, December
16, 1992, ~°derate income is 61% to 80% of the median income, low income is 51% to 60% of the
median income and very low income is less than 50% of the median income.
$59,100
MEDIAN INCOME 1999
Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 Z 3 4 5 6 I
100% 41,400 47,300 53.200 59,100 63,800 68,600 73,300 78,000
80% 33,100 37,800 42,550 47,300 51,050 54,850 58,650 62,400
60% 24,840 28,380 31,920 35,460 38,280 41,160 43,980 46,800
50% 20,700 23,650 26,600 2~,550 31,900 34,300 36,650 39,000
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) m~d the Low-Income Rental Housing Tax Credit (LIHTC) progrm,~s. The
rents given below are based on 1999 data from FI-IFC. Utility costs are provided from th,: County's
Section 8 Rental Assistance Program which is administered by the Collier County Housing
Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE BEDROOM TWO BEDROOM
UNIT UNIT
THREE BEDROOM FOUR BEDROOM
UNIT UNIT
100% 1,108 1,330 1,536 1,714
80% 88.6 1,063 1,229 1,371
40?/0 665 798 921 1,029
50% 554 665 768 857
LOCATION
Naples and Coastal
Collier County
Immokalee and East of
,.~". Everglades Blvd.
Golden Gate
UTILITY ALLOWANCES
ONE B/R TWO B/R TIIREE B/R FOUR B/R
UNIT UNIT UNIT UNIT
71.00 91.00 128.00 156.00
67.00 106.00 148.00 173.00
96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
l'/dcnsttybonus/inc&rcnt rev. 2~99
APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:__
Race/National Origin: Handicap: Yes~ No ~
Race/National Origin: Handicap: Yes ___ No
Name of Landlord
Landlord's Address:
Street City
State Zip Telephone No.
How Long at this Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous ad4ress:
Street
Name of Previous Landlord
City State Zip Telephone No.
Street
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
City State Zip Telephone No.
Job Title
Weekly $ Every 2 Weeks $ Monthly $
Birth Date
Job Title
Job Title
Weekly $ Every 2 Weeks $ Monthly $
Birth Date
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT
1.
PERSONAL REFERENCES (Not Relatives) .
1. Name: Address:
2. Name: Address:
SOCIAL SECURITY
How Long !~nown:
How Long Known:
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Dale:
Applicant's Name:
Co-Tenant's Name::
Present Address:
Social Security Number
Social Security Number
Street City
I hereby make application for an apartment at
I hereby declare and reveal all of my sources of income.
State Zip Telephone No.
Apartments.
I am aware that to leave out, omit or fail to report my assets or forms of income fi.om pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly
falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted housing.
I understand that this information is for the purpose of computing my annual income to determine my
qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender
my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-.Ten ant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME
$ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES
OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN
AFFORDABLE HOUSING UNIT.
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Nor'
APPLICANT:
Present Employer:
Address:
Job Title:
Street
I,
(Applicant)
on this verification form.
City State Zip
, hereby authorize the release of information requested
STATE OF FLORIDA
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
Signature of Applicant
,1998.
My Commission Expires:
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):~ Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
Monthly
Annually
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
My Commission Expires:
Supervisor
day of ,1998.
Notary Public
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
jd/f/densitybonus/appb
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE 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
documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida
34104. A copy must also be provided to the Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each;
PUD. Planned Unit Development (Victoria Falls PUD~
25.41 acres
density bonus?
X Yes
If yes, state date of application
the Ordinance number
Has an application for rezoning been requested in conjunction with the affordable houging
No
and if the request has been approved, state
3. Gross density of the proposed development. 4.5 units/acre.
Gross acreage of the proposed development. 25.41 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information.
Victoria Falls PUD, Loca%ed in the $ou~b ~{&lf of section 33.
Township 50 ~outh~ Ra, nqe 26 Eas,tt ,C~.llier Co,~nt¥o Florida
$. Name of applicant _I~__~_it:at; for
Name of land developer if not the same as applicant
Please complete the following tables as they apply to the proposed development.
TABLEI
Type of
Total Number of Units in Development
Owner
Rental ~
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
115
115
TABLE II
MODERATE INCOME
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner Owner
Rental ~ Rental ~
TABLE II (Continued)
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus
Units
Rental Owner Rental Owner
115 39
115 39
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, i'or example, .the square
footage of each type of unit, floor covetings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. AttaCh
additional pages.
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.
jd/f/densitybonus/appcndixC
4
Habitat buikts only ooo style houso. Tho.houso is 25~ ~ by 38 fl widmwi~ ~o ~ or ~
The hou..q~ ar~ for ve~ low il~CX~C ~mille~ oll]y. The.~ an: ~ becLn~ls sad ~ bathroom.
Wi~h R. 19 ~ and R i. 1 w,~_!!s Thc~ is vU~yl Ulc floor cx~onn~ thrum. ~ p~vicics ~hc
home~ ~,h Im'ancl new whirlpool r~ri~f, stsc, ~ a~ dry~. L,cvc[of ~ a~ sl:~mdafd in I~
bedrooms ~nd b~n'oom. Thc hou~c~ ~c ~ fr~r~ c~r~'Uuc~o- wi~h vi~l ~cli~
TOTAL P.02