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Backup Documents 09/24/2013 Item #17B
9 -24 -13 PUDA- PL20130000141 TUSCANY POINTE COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS / 7 B To: Clerk to the Board: Please place the following as a: 1 r/ x Normal legal Advertisement Other: (Display Adv., Location, etc.) Originating Dept /Div: GlylplPlanning& zoning Person: Nancy Gundlach Principal Planner Date: August 26, 2013 Petition No. (if none, give a brief description): PL20130000141 Petitioner: (Name & Address): Mr, Robert J. Mulhere, FAICP, Director of Planning Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Name & Address of any person(s) to be notified by the Clerk's office: (if more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date: 09124/2013 (Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used; (Complete only if important): xxx Naples Daily News Account #068779 Other Purchase Order No, 4500140024 Proposed text: (include legal description & common locations & size: Legal Section Companion petition(s), if any & proposed hearing date: Legally Required Non -Legal Section Does Petition Fee include advertising cast? x Yes No. If yes, what account should be charged for advertising costs: 131- 138326 - 649100 -00000 Reviewed By: Date: -L 13 Division A 0 inistrator or Designee List Attachments: A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. B. FOR CLERK'S OFFICE Date Received 1 ' J Date of Public Hearing 1/ —l--t— Date Advertised __� ►! �� am 17 B Ann P. Jennejohn From: Gund|ach Nancy Sent: Monday, August 26'20l3lO:48AK4 To: Minutes and Records Cc: Bosi' Michael; Bellows, Ray; Patricia L Morgan; Ann P. ]enn john; Neet Virginia; Rodriguez, Wanda; Wells, Laura; Kendall, Marcia Subject: Request for BCC Advertising: Tuscany Point PUDA Attachments: Request for BCC Advertising signed 8-26 -13.pdf, PUD Ordinance initialed by CAO 8-21'13.pdf Good morning, Please advertise the petition attachments for the September 24, 2013 BCC hearing. Sincerely, Nancy Nancy GundkadlAlCP,RLA#1244 Principal Planner, Planning /&Zoning Growth Management Division 2DOO North Horseshoe Drive Naples, FL341U4 (239)252'2484 FAX: (239)252-6361 Under pm,maLavv,a mail addresses are public records, If you do not want your e mail addeo released m response ma public mnnrdo request, da not send m|emron/cmai|m this entity. instead, mnamthis office uy telephone prmwriting, I w NOTICE OF PUBLIC HEARING 17 B Notice is hereby given that on Tuesday, September 24, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 32QU East Tamiami Trail, Naples FL the Board of County Commissioners (BCC)will consider the enactment ofmCounty Ordinance. The meeting will commence ut9:00_AJ0��The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2007-55' the Boxwood RPUD, by changing the name of the Residential Planned Unit Development from Boxwood RPUD to Tuscany Pointe RPUD� by reducing he maximum dwelling units from 207 to 12O� by eliminating the affordable housing density bonus and de/e�ng8armin -ng the density bonus agreement; by revising the development standards; by deleting Exhibit "C", the existing Master Plan, and approving a new Master Plan, by deleting Exhibit "C-1", ROW Cross Section, and approving a new Exhibit ~C-i^;by deleting Exhibit C-2.RPUD North and East Property Cross Section and adding a new Exhibit C-2 entitled North and East Landscape Buffer Phan; by adding Exhibit "C-3", Typical Lot Layout; by revising the Deviations; by revising the Developer Commitments; by deleting Exhibit "G Conceptual Topographical Cmaa Saoion, and approving m new Exhibit "G", for the RPUO |oombad east of Collier Boulevard (CR 951) and north of Vanderbilt Beach Road in Section 35, Township 48 South, Runge 26 East, Collier County, Florida, uooa1x6ng of 30± acres; and byproviding an effective date. [PUDA-PL20130000141] Acopy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of3weeks prior tnthe respective public hearing, In any oasm, written materials intended to be considered by the Board shall be submitted to the appropriate County staff minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need arecord of the proceedings pertaining thereto and therefore, may need to ensure that o verbatim record of the proceedings is mede, which record includes the testimony and evidence upon which the appeal is based. If you are a person with m disability who needs any accommodation in order to participate in this proceeding, you are entitled, edno cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located a13335Tmmhami Trail East, Suite 101. Naples, FL 34112-535G.(23Q)252-B38O.aL least two days prior 0u the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGE A` HILLER, EGO. CHAIRWOMAN DWIGHT EBROCK,CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 17B ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2007 -55, THE BOXWOOD RPUD, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO 120; BY ELIMINATING THE AFFORDABLE HOUSING DENSITY BONUS AND DELETING/TERMINATING THE DENSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C ", THE EXISTING MASTER PLAN, AND APPROVING A NEW MASTER PLAN; BY DELETING EXHIBIT "C- 1", ROW CROSS SECTION, AND APPROVING A NEW EXHIBIT "C- 111; BY DELETING EXHIBIT "C -2 ", RPUD NORTH AND EAST PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT "C -2" ENTITLED NORTH AND EAST LANDSCAPE BUFFER PLAN; BY ADDING EXHIBIT "C -3 ", TYPICAL LOT LAYOUT; BY REVISING THE DEVIATIONS; BY REVISING THE DEVELOPER COMMITMENTS; BY DELETING EXHIBIT "G ", CONCEPTUAL TOPOGRAPHICAL CROSS SECTION, AND APPROVING A NEW EXHIBIT "G" FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND NORTH OF VANDERBILT BEACH ROAD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20130000141] WHEREAS, Robert J. Mulhere, AICP of Hole Montes, Inc. representing .Lynx Zuckerman at Naples LLC, petitioned the Board of County Commissioners to amend the Boxwood Residential RPUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Ordinance No. 2007 -55, the Boxwood RPUD, located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is hereby amended to change the name of the Residential Planned Unit Development to Tuscany Pointe RPUD in accordance with the revised Exhibits attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The Tuscany Pointe RPUD Page I of 2 PUDA- PL201.30000141 — Rev. 8/08/13 op 17 appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legality: 1-tf-/kl- t3 Heidi Ashton -Cicko 1; 2A Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -1 — ROW Cross Section Exhibit C -2 — RPUD North and East Landscape Buffer Plan Exhibit C -3 — Typical Lot Layout Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Conceptual Topographical Cross Section CP\ 13 -CPS - 01214\58 Tuscany Pointe RPUD Page 2 of 2 PUDA- PL20130000141 —Rev. 8/08/1.3 176 EXHIBIT A FOR T-14E BOXWOOD TUSCANY POINTE RPUD ALLOWABLE USES PERMITTED USES: 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: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Boxwood Tuscany Pointe (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the Bexweed Tuscany Pointe RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as determined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single - family detached dwellings; 2. Single - family attached dwellings; 3. Two - family patio and zero lot line; Page 1 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL,2013 -0141 (8- 20- 2013).doc we PEI i/ U. 4. Townhouse (TH) and fniilti &iffg4y; 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and clubhouse, screen enclosures, and facilities for lawn care and maintenance. The location of the recreational area is depicted on the RPUD Master Plan. 3. PRESERVE SUBDISTRICT q:he DDT D l jastar- plan __Pio xi for- 4.15 of preserve a that shalt be r-e ffe ted f�c aeres eo,astitutes the niiniintmi . -ed in weerdanee with band Development Cede er-eated er-eated pr-esefve area are set foi-th on eemposite Exhibit "G" of this . The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. One htknd.ed y- -eafA of the -- " ° eted mp- - set a afea- shall be fe created on the mpfe ie£tty: In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. Twenty five „°reef.4 (1." aer-es` ^f this area shall be r-e er-eated as a pt:es@FN,e area. =area, gTn1is- preseFy fine_*_ tr-s=-m-to the p - area on the 1]uoks c 1? kfi- �1ceyele ffi -ent to the SOUth. Thus the RPUD Master Plan requires that a minimum of 4.15 acres of preserve area be recreated onfite contiguous to the existing offsite preserve on the Bucks Run PUD to the south; or relocated offsite in accordance with the criteria in the Land Development Code. The cross sections for the d preserve area set lorth in Exhibit "C" of this Ordina ee and tThe cross sections for the topographic profile of the -eat °a preserve at-ea are set forth on eemposite in Exhibit "G" of this Ordinance. A. Permitted Uses and Structures within the On -Site Preserve, if applicable: 1. Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; Page 2 of 16 HA2004\2004112\WPTUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doe 4. Boardwalks and trails that do not reduce the minimum amount of required vegetation to be preserved. 4. MAXIMUM DWELLING UNITS The maximum dwelling units shall be twe t, ar °a and ^°"°" 2 nom`. one hundred and twenty tun 5. DEVELOPMENT STANDARDS The following table sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the site development plan or subdivision plat. Page 3 of 16 H:\2004\2004112 \wP\PUDA\Post CCPC \Tuscany Pointe RPUD P1,2013 -0141 (5- 20- 2013),doe EXHIBIT B FOR THE BOxWOOD TUSCANY POINTE RPUD TABLE I RESIDENTIAL (TRACT R) DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE FAMILY TWO -FAMILY, Mme- CLUBHOUSE/ STANDARDS FAMILY ATTACHED & PATIO & FAA41LY RECREATION TOWNHOUSE ZERO LOT LINE BUILDINGS PRINCIPAL STRUCTURES N/A MINIMUM LOT AREA 5500 S.F. PER 1800 4500 UNIT S.F. PER UNIT S.F. PER UNIT MINIMUM LOT WIDTH Dieu 50 FEET � � F 30 FEET 40 FEET N� N/A MINIMUM FLOOR AREA 1200 SY 1200 S.F 1200 S.F. � N/A MIN, FRONT YARD 23 FEET 23 FEET- 23 FEET- 23 * *—rte N/A MIN. SIDE YARD MIN,. 5 FEET 0 OR 5 FEET- 0 OR � nof1GFE T � 20 FEET MIN. REAR YARD 10 FEET 10 FEET 10 FEET T 15 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE 10 FEET Not less than 20 feet Not less than 12 diet- less tliee-28 10 FEET BETWEEN STRUCTURES between bldgs. feet between feet between bidgs. bld s_ MAX. BUILDING HEIGHT: 25 FEET not to 25 FEET not to 25 FEET not to 25 -, F 25 FEET not to *ln, T-() EXCRED ONED exceed M441in -two exceed wilt -two exceed w4hin twe s er-iies heig#t exceed wi stories4i@i,4,t as stories height as two storieLs-hei& ° but °e` `" two stories_ $Hi1L'Ei- ii�1:FHE)f -i'e 0d 1 t-te icriicKrvttii rrt+cTa as- �exeA- b�tt-Het -.1 Pv otity F. u¢ He ., • • .d "r-ty C•..., eWeeiZiT °� � {e e)ieeed M,enty feet-ei�4t)et tvc:fi�ccc�c feek- ac- tt�l�ex��43t. 1 G F at ..t..ol #eet- t�� -=�. --ate«• irre`'•iM'v -. &-R* apt ml. 1. &'[- ce'bTo'r � feetastaai. MAXIMUM BUILDING 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT - ACTUAL ACCESSORY STRUCTURES FRONT z� r SPS 23 FEET SRS- 2 F SPS 23- T � F SPS SIDE SPS SPS SPS $PS SPS REAR 5 FEET 5 FEET 5 FEET 5T 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET i 0 FEET 10 FEET DISTANCE BETWEEN N/A N/A N/A I N/A PRINCIPAL STRUCTURE SPS SPS �� MAX BUjLB�- HEIGHT To C SPS SPS _SPS INM ZONED & ACTUAL S.P.S. = Same as Principal Structures BH = Building Height Page 4 of 16 HA2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL -2013 -0141 (8- 20- 2013).doe 176 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes' feet b-- saehindWiduguiikmybeaminimijmef2lOOrquafe feet 1 The 23' setback shall gpply to any front entry t araue and shall be measured fi•onn the adjacent sidewalk. All other front vard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such .a manner that a parked vehicle all not conflict with the sidewalk; however. in no case shall the front setback for the side engy garage be less than 10'. All other portions of die principal structure whether desirued with a front entry or side engy garage. shall be set back a minimtun of 20 feet except Wwhere a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the entrance is located, and the other setback adjacent to the ROW shall be a minimum of 10'. A : of , nn ., „ v a bnt�ene3 E e ut3, rltl ml : be Mad f9l-r' 'rieer- escenl- use n � ti 11...:td-Ig .:l aB be p 'K -•J t s afea at a xewtien epic -sue i an the ininimtun side setback for single fans ly attached townhouse tvyo- family, patio and zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve nninunum 10' separation. Page 5 of 16 H:\2004\2004112 \WPTUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013.0141 (8- 20- 2013).doe U w Ole ca 8 - - --- - - -- a R -- --- - ---- F � d Lu Y 11 i N �� I Leo -� m� i i I, I ' ' II 0 8 $ ►- J_F i > I. II ' I I I a x w CL 1 II > CL i LU ' L -- - -_— j i W I Ir I B Z I 1 II 1 � � � I I w��� ; ; •d (1I I I j C = 17 p0� I � 'g _,_- _._.ice LEE E @1€ A UU 8.c WWO -------- - - - - -- (wsvo) QQQEE aavna-Inoe aanwo Page 6 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PCr2013 -0141 (8- 20- 2013).doc o ii C4 N C4 LU 0 ar. C4 r E5 C, 19 xw @ LLI C) I z Z. w I;] 1,41 2 Page 7 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuseany Pointe RPUD PL,2013-0141 (8-20-2013).doc 178 V N V e ~ m IL �d iX W males wwua.w � g » O. mQLLJpp No o !-- -jvap WZ �000 zQ u_ o 01 CU41 3 10 O /y� LLI W y Z mzmo,, ZD� Vaw0 f'F c�ZM I—O mp�0 ��o 1000 �wv OF- 0500 m_ ZZ ZCYu0 LLI W >OwG�v V�ouz d 0 0 ¢ wham a Q W UM =O a� � o- Z� w G? =V Q W W a <�z �W - V u, U) ��ouw. o U. LL U.Qu.p W >> im O LLcXC W = wpwO - - N ..i a at Q 0. LW� J ♦_, "a i Z L L Y mo 5 �W � r = Z m UJ U) Ol o rA i<Q J PD(�N w a .. w .i w3pw �o a?Qa D w v 5 Q ,��, W Z J � '0 3d ci Z ,N�, wZ V C3 w g LLI O p p 5 w Vj ca z OVA F=-�u v 0 a j W N O gu-z Z ; �dw m W Z2 mV v °_ $o a F� J IC{ J Page 8 of 16 H:\2004\2004112\WP\PUDA\Post CCPC\Tuscany Pointe RPUD PLr2013 -0141 (6- 20- 2013).doc 5' MIN. FOR SINGLE FAMILY DETACNEC O' OR 5' FOR SINGLE FAMILY ATTACHED. TOWNHOUSE. 5' TWO-FAMILY, PATIO. AND ZERO LOT LINE. M. SIDE YARD SETBACK MUST BE ACCOMPANIED BY ANOTHER 5' MINI SETBACK ON ADJOINING LOT TO i - ACHIEVE MINIMUM 10' SEPARA71ON.i I I I PROPERTY LINE R.OAL LINE 5' MIN. ACCELWRY � NE I b Cm r RES. LINE PROPERTY UNE MW. I I I I I C3' MIN. FOR FRONT -ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY GARAGE IF DESIGNED SO THAT A PARKED VEHICLE WILL NOT ENCROACH UPON THE SIDEWALK. IN NO CASE SHALL THE FRONT TMACK OF A SIDE ENTRY GARAGE BE LESS THAN 10•. Page 9of16 H:12004\2004112\WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL-2013 -0141 (8- 20- 2013).doc CAD RLE 17B SIDEWALK ROADWAY SIDEWALK REVISED: 8/8/13 REMSM 7/49/13 REVISED: 8/21/13 REMSED. 9/10/13 — — — — — — NOT TO SCALE HQ(F MON'jEg -mm 950 Encore Way Phone. (239) 264 -2000 Florida Conlicate of AuthodzationNo. +»z 'fi/sc"y POINT E EXHIBIT C -3 TYPICAL LOT LAYOUT °" tee„ °R""w"ALA DAM : 4 3 Page 9of16 H:12004\2004112\WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL-2013 -0141 (8- 20- 2013).doc CAD RLE 17B 17 EXHIBIT D FOR T-14E BOXWOOD TUSCANY POINTE RPUD LEGAL DESCRIPTION LEGAL DESCRIPTION The subject property being 29.69 30.46± acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: A of 1/ i _ , 26 East, Collier C my r t &-- Parcel 1 The South one-half (S '/2) of the South one -half (S ' /:) of the Northwest one- quarter (NW ' /4) of the Southwest one quarter (SW ` /,) of Section 35 Township 48 South, Range 26 East Collier County Florida. Parcel 2 The South one-half (S %2) of the South one -half (S %2) of the Northeast onLglu� WE t /4) of the Southwest one quarter (SW ` /4) of Section 35 Township 48 South, Range 26 East Collier County_ Florida. Parcel 3 The North one-half (N %) of the South one -half (S '/2) of the Northeast one - quarter (NE ' /4) of the Southwest one quarter (SW '/4) of Section 35 Township 48 South, Range 26 East Collier County, Florida. Page 10 of 16 HA2004\2004112 \WP\PUDA\Post CUMuscany Pointe RPUD PLr2013.0141 (8- 20- 2013).doc EXHIBIT E FOR THE BOXWOOD TUSCANY POINTE RPUD LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE PRIVATE ROADWAY WIDTH 1. The private roadway shall have a minimum 42 foot right -of -way width. This is a deviation from the 60 foot right -of -way width specified in Section 6.06.01 of the Land Development Code. (Deviation 1) The justification for this deviation is that this right -of -way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. DRAINAGE EASEM E, NT WIDTH 2. Deviation 2 seeks relief from LDC Section 6.01.02.B.2 Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished wade All installations will follow OSHA and ACPA Standards. Page 11 of 16 H:\2004\2004112\WP\PUDA\Post CCPC \Tuscany Pointe RPUD PIs2013.0141 (8- 20- 2013).doe 17 EXHIBIT F FOR T14E BOXWOOD TUSCANY POINTE RPUD DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. If a gate is proposed at any /or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the j proposed gate. A turn around area of stiffleient width and with suffleient inside to "J "`'' �,..Il be provided between the at-bfementiened key pad/phone box and th • proposed around in front of the keypad/ /phone boy: or between the ley pad /phone box and proposed gate. C. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). D. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. E. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by County, shall not be eligible for impact fee credits. All required vehicular access improvements shall be in place and available to the public prior to commencement of on -site construction. F. Nothing in any Development Order (DO) shall vest a right of access in excess of a right - in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Access points shall be determined at time of subdivision plat or SDP approval in accordance with the Collier County Access Management Plan. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such Page 12 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (5- 20- 2013).doc 178 modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. If any required torn lane improvement requires the use of existing County Rights -of- Way or easement(s), then compensating Right -of -Way shall be pied-- couveyed bx owner to County at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his designee. H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the appropriate corresponding CO. .4&VCTM M." r= a K. A northbound right turn lane shall be required prior to commencement of on -site construction. No other work shall be performed within the site boundaries until all development commitments have been met with regard to improvements within the public rights -of -way. No southbound left median opening shall be allowed. KJ. If the existing access bridge over the canal is widened or otherwise modified, appropriate permits shall be obtained from the South Florida Water Management District. LK. A shared access shall be provided to the property to the north. Placement of a gate on the main access roadway into this project shall be located so as to allow sufficient shared access with the adjoining project to the north. The interconnection shall be located approximately 300 feet (to centerline) from the CR 951 right -of -way, as shown on the conceptual plans. The interconnection may be less, but shall be reviewed by Transportation Staff. The interconnection shall be no less than 200 feet from the existing CR 951 right -of -way. 2. UTILITY REQUIREMENTS Page 13 of 16 HA2004\20041 IMPTUDA\Post CCPC \Tuscany Pointe RPUD PL -2013 -0141 (8- 20- 2013).doe _ r .. ■ lr-■. Page 13 of 16 HA2004\20041 IMPTUDA\Post CCPC \Tuscany Pointe RPUD PL -2013 -0141 (8- 20- 2013).doe $A. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the common property line. . .. • • ! e c 1� $4. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. At the developer's discretion an o.ffsite preserve may be utilized as an alternative to the recreated onsite preserve in an amount (of acres) and location approved by the Board of County Commissioners. A cross section of the optional onsite re- created preserve area, depicting topographic features, is attached as Exhibit G. 65. WALLS A. Exhibit C -2 depicts the proposed wall and landscaping buffer treatment along the north and east property lines adjacent to Vanderbilt Country Club. B. ATle wall or fence is to be constructed along the north and east property lines adiacent to Vanderbilt Country Club shall be _ __ stmeted at 4he eaffi st time _sible du prior to the issuance of the first building perni The 1„ «,ice eapiR-, shall be installed at the time of the issuanee of the first building pemift. C. The wall or fence along the set" north and east property lines adjacent to Vanderbilt Country Club shall be a concrete block wall,_ prefabricated concrete wall, or a pressure treated wood fence. Page 14 of 16 H:\2004\2004112 \WP\PUDA\Post MOTuscany Pointe RPUD PL,2013 -0141 (8- 20- 2013).doc 6. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring tuitil close -out of the PUD and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Lynx Zuckennan at Naples, LLC Should the Managing E ��tity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval the Managing Entity will be released of its obligations upon written apl2roval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts the Managing Entity shall hall provide written notice to County that includes au acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Connnitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section, When the PUD is closed -out then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7. GENERAL A. A one story recreational building with typical accessory recreational facilities shall be permitted The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be, of any platted lots or condominium units. Page 15 of 16 C\Tuscany Pointe RPUD PL-2013 -0141 (8- 20- 2013).doc 17 a m � � R 3Nn ALH3dOW 3Nn ALVIMd y + & o a H � y H y Z—'— Wiar W ¢ Pill 0 0 UV H i F t C U) � H LU I.. 8 s + I �' i z 1 t 5 ul r- - -•T -- - _ W XIWAM W V) Page 16 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC\Tuscany Pointe RPUD P1,2013 -0141 (8- 20- 2013).doc 17B 17 B Th1s space for THIS AGR ENT is made as of the day o/1y, , 2007, by and between a ics Na des. LLC (the "Develothe Collier County Board of County Commissl re (the "Commission "), collec"Parties." RECITALS; A. The Developer owns a tra real prop y described in Exhibit "A" attached hereto and Incorporated herein (The "Prop t Is the Developers Intent to construct a maximum of 207 residential units (the " at a density of 6.97 units per gross acre on the Property. The gross acre of Prop is 29.69 acres. The number of affordable- workforce housing units c structed by Dev or shall be 20 percent of the total number of residential Un approved In develop t orders issued for the Property. B. In order to con ct the Units, the Developer must ob n a density bonus from the Commission f the Property as provided for in the Collier my Affordable Housing Density B s Ordinance No, 90 -89, now codifled by Ordina 04-41, as Land Developm Code (LDC) § 2.06.00 of seq,, which density bonus c only be granted by Commission and utilized by the Developer In accordance with strict Ilmitatio and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Develop Page 1 of 32 4/12/06 authorizing the construction of 3,0 bonus Units on the Property, if the Developer agree to \ne ffordable- Workforce Units as specified in this Agreement, THEREFORE, In consideration of the approval and grant of the nsity bunits per acre requested by the Developer and the benefit nferred t roperty, and for other good and valuable consideration, receipt and sf wh are hereby acknowledged, the Developer an a Commission hnant and ree as follows: ec to above Recitals are true and cor t and are Incorporated herence, 2, . gevei per construct up to 42 units in accorda e and as specified by the attached Appc C, which Appendices are incorporated of this Agreement. a. The following provisioro The Devel?and hereby agrees that It shall with the to conditions of this Agreement Ices S, Exhibits A, B, & C, and Appendix by rence herein and which constitute a part `shall be lkplicable to the affordable, workforce and gap Units, (1) Defined terms: the event of a conflict tween terms as defined in the LDC or in Ordinance No. -89, Section 4, the definition f the LDC will control when applying or interpretin is Agreement, in addition to the defined terms and the applicability of LDC 2,06,04 *Phasing" shall mean: (a) the ased construction of buildings or stru ties in separate and distinct stages as shown on PUD master plan, subdivision m er plan or site development plan; or (b) in developme s where phased constructio Is not depicted on a PUD master plan, subdivision mas plan or site develop nt plan, the construction of buildings or structures In a clearly d ned series of sta * and finishes that are separate and distinct within the development, (2) Median Income, For the purposes of this Agreement, the media come the area as defined by the U,S, Department of Housing and Urban Deveio ant P:1cP W In \Hls toryW7052P_0001\3040.07 Pepe 2 of 32 „M v (HUD) shall be the then current medlan Income for the Naples Metropolitan atisticai a, established periodically by HUD and published In the Federal egister, as adju \eateb ily size as shown on the tables attached hereto as Ap ndix A, Exhibit C, t shall be adjusted from time to time in accordance any adjustments that ed by HUD or any successor agency. In the ev t that HUD ceases to pubb ed median Income as aforesaid, the P es hereto shall mutual ly agrer rea able and comparable method computing adjustments in me. (3) EIJ9ibllnY Ing W9%1AcaS1 c step process: 1) submittal of an S11 family housing unit provided under bonus program prior to being qualified workforce, or gap Income) In acco Owner by the Financial Administra n The Developer shall applications, verifying Inco and workforce, and gap units the aubje documentation requir by this A Administration and ousing Departm as an eligible or family shall be the monitorin nd enforcement prog amity Income eligibility Is a three - by prospective Owner, 2) verification of ble, workforce, and gap housing density appropriate level of income (very low, low, %this Section; 3) certification of eligible and responsible for Nallifying Owners by accepting obtaining Income rtificatlon for all affordable, ct development, All a lications, forms and other greement shall be pro ad to the Financial ant, Qualification by the Dev per of any persons subject to review and approval accordance with ram in LDC §§ 2.06.05 and 2,06.0 respectively, ( 8ppll�cation, A potential owner shall apply to the dev \ApplIcan er, or agent to qualify as a very low, low, workforce, or gap Incomhe of owning and occupying an affordable- workforce housing unit the )le- workforce housing density bonus program, The Preliminary for )le- workforce housing unit shall be provided to Co llier Countnd Section as shown In Appendix B, Exhibit A, attached to this p ;NOPWlnVilstWO70529_000i%3040,OT Page 3 of 32 17B. I orporated by reference herein, (b) Income Verification and Certification, No affordable- workforoo sing unit in a development shall be sold whose household income has not be verified and certifl in accordance with this Agreement and LDC § 2. 00,05, (c) a Verification, The Developer shall obtain writte erification from the potential o nt (Including the entire household) to verify ular sources of Income (including th Mire household). The most recent ye s federal Income tax return for the potential ants (including the entire hoes old) may be used for the purpose of Income verificatio attached to the affordabl orkforce housing applicant Income Verification form, Inclu g a statement t release information, occupant verification of the return, and a si lure bloc Ith the date of application, The verification shall be valid for up to one dre nighty (180) days prior to occupancy. Upon expiration of the 180 day period, the ormation may be verbally updated from the original sources for an additional 30 ys, p Ided It has been documented by the person preparing the original verificat , After thl rne, a new verification form must be completed, The affordable -w force housing Ap ant Income Verification form shall be provided to the Housl and Grants Section as s wn In Appendix S, Exhibit B, attached to this Agreeme and Incorporated by reference sin, (d) e 11 ^nflnn e Application for an affordable- workforoe using unit and Applicant Income Ver ation form, the Developer shall re Ire that an Income certification form be execute the potential occupant (inci ng the entire household) prior to occupancy of th affordable - workforce h sing unit by the occupant. Income certification shall assu that the potential cupant has an appropriate household Income which qualifies the tentlal occup as an eligible family to occupy an affordable - workforce housing unit un the affor ble- workforce housing density bonus program. The affordable- workfo e H sing Applicant income Certification form shall be provided by the Housing an Page 4 of 32 176 G is Section as shown in Appendix B, Exhibit C, is attached to this Agreement an inco ated by reference herein. Random spection of files containing required documentation to verify occ ancy in accordance h this Agreement and LDC § 2.06,00, may be conducted b e Housing and Grants Se upon reasonable notice. (4) 91 and WoKgclng Report). The Develo shall provide the Housing and Grants S on an annual progress and monitor( report regarding the delivery of affordable- wo orce housing units through the period of their construction and occupancy. a annual progress an onitoring report shall, at a minimum, provide any information soi 2.06,00, or subsequent amendments September 30 of each year and the rep Housing and Grants Section. Failure to the Housing and Grants Section within a re insure compliance with LDC § report shall be filed on or before a submitted by the Developer to the and submit the monitoring report to iys from the due date shall result In a penalty of up to fifty dollar/sh or day unles written extension not to exceed thirty (30) days is reque expiration of a sixty (60) day submission deadline, No more than onnsion may be grant in a single year. (5) No affordable unit In any building or structure on the Prope shall be occupied by the Developer, a person related to or affiliated with the De oper, or by a resident manager. 3. a Bonus. The Commission hereby acknow gas that the Developer ha et all required conditions to qualify for a density bonu n addition to the base r Idential density of 4.0 units per acre, ( 3.97 units per acre Is sed of the base d sity of 4.0 units per acre) and is therefore granted a density bo s of 3.0 dens bonus units per acre, for a total density (total = density bonus units pe ere X g a acreage) of 8.97 unitslac, pursuant to LDC § 2.06.00 The Commission er drees that the Developer may construct thereon, in the aggregate a maximum nu er P.wpwln\Hbtory\070529_0001\3040-07 Page 5 of 32 0 176. of 207 units on the Property provided the Developer is able to secure building pe it(s) m Collier County. 4. Commission Agreement. During the term of this Ag ment, the Comm ion acting through the Financial Administration and Housing pa mentor or Its successor covenants and agrees to prepare and make availa to the Developer any general in atlon that it possesses regarding Income II tions and restrictions which are applicabl the affordable, workforce, or gap Un 5 o ce e t a, V191011A It shall be a viola 2.06.00 to sell or occupy, or atte t to sell or oc unit provided under the affordable -w roe ho li specifically permitted by the terms of t reel misleading Information with respect to I rn Housing and Grants Section or by any her pers delegated to them by LDC § 2,06 . Collier Co power to enforce the terms of thi greement, The o/of this Agreement and LDC § , an affordable- workforce housing density bonus program except as nt; or to knowingly give false or Ion required or requested by the pursuant to the authority which is r Its designee shall have full stho enforcement for a breach or violation of this Agi eme shall be at the option of the ommission by criminal enforcement pursuant to t provisions of Section 125.68, Flora Statutes, or by civil enforcement as allowed law. b. is Violation f Co Enf rc Boo _Proce2dion Whenever It Is d rmined that there is a violation of this Agreement \nce 2.06.00, that s id be enforced before the Code Enforcement Board, th Violation sh be Issued and sent by the appropriate department by cereceipt r uested U.S. Mall, or hand - delivery to the person or developeThe ice of Violation shall comply with the requirements for such Notice C, ate oL occu ap ncv. in the event that the Developer fails to aintain the affordable- workforce units In accordance with this Agreement or LDC § P:\cPw1n \Historyw700" Ooo119040.07 Page 0 of 32 .06.00, as amended, at the option of the Commission, building permits certificates o ccupancy, as applicable, may be withheld for any future pia or otherwise appr d unit located or to be located upon the Property until the tire project Is in full complian with this Agreement and with LDC § 2.06,00, as a nded, 6. I m ent by CQMM11slo The Commis n may assign all or part of Its obligations un this Agreement to any other publ agency having jurisdiction over the Property provide at it gives the Developer t y (30) days advance written notice thereof. The Developer not assign, deleg or otherwise transfer all or part of its duties, obligations, or promis under this A ement to any successor in interest to the Property without the express Wd con t of the Commission, which consent may be withheld for any reason whatsoever, ny attempt to assign the duties, obligations, or promises under this Agreement to y s oessor In Interest to the Property without the express written consent of the mmission required by this Section shall be void ab lnifio. 7, bi it any section, phrase, s tence or portion of this Agreement is for any reason held slid or unconstitutional by a court of competent jurisdiction, such portion shall b deemed a separate, distinct, and ependent provision, and all other provisions s II remain effective and binding on the Pa a. 8. 1 Any notices desired or required to be give nder this Agreement shall be in ling and shall either be personally delivered or sh be sent by mall, postage p paid, to the Parties at the following addresses: To the Commission: Collier County Housing and Gran action 2600 North Horseshoe Drive Naples, Florida $4104 To the Developer: Alejandro J. Delfino Home Dynamics Naples, LLC 4788 West Commercial Boulevard Tamarac, Florida $3319 P; \CP W InIHolory\o7o62o_0 0 0113 0 4 0,07 Page 7 of 32 .. ,....r...... ,..... — r -... 178 With copy to: Richard D. Yovanovich Ooodlette, Coleman & Johnson, P, 4001 Tamlami Trail North Suite 300 Naples, Florida 34103 A Party may change the address to which notices are to b ent by notifying the other rty of such now address In the manner set forth abov 9. ggthodly to Monitor, The Parties hereto nowledge that the Collier County Flnan I Administration and Housing Depart nt or Its designee, shall have the authority to mo or and enforce the Developer bligations hereunder, 10, IndemnI he Developer hereb grees to protect, defend, indemnify and hold Collier County a is officers, a loyees, and agents harmless from and against any and all claims, pe les, ages, losses and expenses, professional fees, including, without limitation, re able attorney's fees and all costs of litigation and judgments arising out of any aim, iful misconduct or negligent act, error or omission, or liability of any kind ade by De per, its agents or employees, arising out of or incidental to the pert ance of this Agre nt. 11. Covenants— e Developer agrees that of its obligations hereunder shall constitute covenan , restrictions, and conditions whit hall run with the land and shall be binding up the Property and against every n then having any ownership interest any time and from time to time until this Agr ent is terminated In accordance h Section 14 below, However, the Parties agree t if Developer transfers or c veys the Property to another person or entity, Developer all have no further obli tlon hereunder and any person seeking to enforce the terms h eof shall look Sol to Developer's successor in Interest for the performance of said obllg one. 2. RelAinm This Agreement shall be recorded at County's expense i e off! I records of Collier County, Florida, 13. EnIlre reement. The Parties hereto agree that this Agreement P.VPW [n%Hlotor)A070529— PWI%3040.07 Pogo 8 of 32 nstltutes the entire Agreement between the Parties hereto and shall Inure to an be bi ng upon their respective heirs, successors, and assigns. Termination. Each affordable, workforce, or gap housing shall be restricted remain and be maintained as the required affordable, wor roe, and gap housing as pr ad In the L.DC §2.08.04. 16. o a This Agreement shall be modified o mended only by the written agreement of b Parties. 1 g, 1 tin a. The Dev or agrees that her It nor Its agents shall discriminate against any owner or tential owner cause of said owners race, color, religion, sex, national origin, familial st s, or h dleap. b. When the Develope ertises, sells or maintains the affordable - workforce housing unit, It must adve a II, and maintain the same In a non- discriminatory manner and shall me vailable y relevant Information to any person who is Interested in purchasing su affordable -wor a housing unit, C. The Deve er agrees to be res Bible for payment of any real estate commissions and s for which it Is liable in he purchase and sale of affordable - workforce uni . e, a affordable- workforce housing units s II be Intermixed with, and not segregate ram, the market rate dwelling units in the dev pment. f. The square footage, construction and design the affordable, workforce, a gap housing units shall be the same as market rate dw g units in the develop t. All physical amenities in the dwelling units, as described In em number seven of the Developer Application for affordable- workforce housing De ty Bonus shal be the same for market rate units and affordable- workforce uni For d elopments where construction takes place in more than one phase, all ph ical m mitiea as described in Item number seven (7) of the Developer Application r P:ICPWlnIHlstory1070629 000118040.07 Page 9 of 32 17B, ffordable- Workforce Housing Density Bonus shall be the same In both the rket rate u and the affordable- workforce units in each phase. Units in a sub quent phase may ntain different amenities than units in a previous phase so to as the amenities for mark ate units and affordable, workforce, and gap units ar a same within each phase and p vided that in no event may a market rate unit o rdable- workforce unit In any phase c ain physical amenities lose than tho ascribed In the Developer Application. 17. Ph asi a percentage of the Developer has comma for the tote phase and shall be construc Property. Developer commits to project with 20 percent of the workforce units affordab workforce housing units to which 1 dev pment shall be maintained In each as part of ch phase of the development on the rce affordable- workforce housing units for this snit each phase built consisting of affordable- 18. P1 c�Ql -, The de open sh not disclose to persons, other than the potential buyer or lender of particular affo able- workforce housing unit or units, which units in the developm t are designated as rdable- workforce housing units. 18. sis This Agreement and a otizod development shall be consistent with the t3 wth Management Plan and la development regulations of Collier County that a In effect at the time of development. bsequently adopted laws and policies sha apply to this Agreement and to the develo ant to the extent that they are not I onflict with the number, type of affordable - workfo a housing units and the amoun of affordable- workforce housing density bonus proved for the greement Is a distinct and separate agreement from "development a ements" ned by Section 1133.3220, Fla. Stat., as amended, 21. Prgaaalication. Developer has executed and submitted t the J PttCPWln1Hletory1070029 000119040.07 Page 10 of 32 17 Development Services Department the Developer Application for Affordable -Wor rce using Density Bonus, a copy of which is attached to this Agreement as A endix C an orporated by reference herein. Goverpjgg Law, This Agreement shall be governed by d construed In accordan ith the laws of the State of Florida. �3 a The Partles hereto shal xecute and deliver, in recordable form ecessary, any and all documents, Ificates, Instruments, and agreements which m be reasonably required in or to effectuate the intent of the Agreement, Such doo ents shall Include b not be limited to any document requested by the Develo to exhibit th this Agreement has terminated in accordance with the provisions aragrap 4 above. IN WITNESS WHEREOF, th les hereto have caused this Agreement to be executed as of thie.�Iay and year firs a written. ATTEST: BO OF COUNTY COMMISSIONERS DWIGHT E. dRQOK, Clerk COL L R COUNTY, FLORIDA Attes 's to 0' a 1r;lan uty Clerk By: J E . COLETTA, CHAIRMAN Approved a o form and legal sufficiency: Marl . Student - Stirling As Cant County Attorney P:NCPwtnwlstoryA070529 _000113040.07 Pepe 11 of 32 DEVELOPER: Home Dynamics of Na les, AC 4788 West CPO`; Tamarac, Ffcr� 8y : �fty1a A (0 A-4 Witness 8y: Printed Ndmra Title: �6$ e y r rd Name k r co. „k e% 1;o STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement horizing Affordable, Wd Bonus And Imposing Co nants And RestdcWns On n before me by as Y�p r io�is _personally nown tom or has produced Ideracation. e, and Gap Housing Density Property was acknowledged and o>iictal MW Ws —1-t— dAy of an -"-- My MmIssion Expires: 42 22 -AA PONIN ODD EXHIBIT A ►IDnr•:u•.n:.Iyandrod.lAn• 000imu�•,Oftmo4 U••a rma ONed ANsOmorUM M AFFORWIBLE HOUGH AGREH#1lFNl Qw06W116►CLf:AN.do• Pogo 12 of 31 as 17 17'B EXHIBIT A LEGAL DESCRIPTION The sub\ofsouth being 29.891 acres is located In Section 35 ownship 48 South, Rt, and Is more fully described as follows: The nortuth'/z of the northeast'/. of the sout st Y, of Section 3b; plus the e south % of the northwest' /, of ourthwest'/4, less the west 10a south '/z of the south '/z o e northeast % of the southwe 35, Township 48 South, Ra a 26 East, Collier County, Florlda. 17 APPENDIX A. EXHIBIT-0 AFFO_ RDABLF.- MORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L § 2.08.03, provides for calculation of a density bo for developers pledging to nstruct affordable- workforce units within their deve meet. Included in this Exhibit re instructions for and the tables with which calculate the density bonus for a pa ular project, Exhibit C contains the cu t median Income and acceptable rents very low, low, workforce, and gap I e households in Collier County. The affordable -wor a housing density bo s rating system shah be used to determine the amount of the ordable- workfor ousing density bonuses which may be granted for a development sod on ,thou Id Income lavel and percentage of affordable, workforce, and gap ho g units I e development. To use the affordable. workforce housing density bonus rat sys , Table A, below, shall be used. Table A shall be reviewed and updated If nece on an annual basis by the Board of County Commissioners or Its designee. First, choose the household I me lev nit propose very low, low, workforce, or gap) of the affordable- workforce housing unit in a development, as shown in Table A. Next, determine the percent oft type of offordab orkforce housing unit(s) proposed In the development compared the total number o oiling units In the development. From this determination, T le A will Indicate the ximum number of residential dwelling units per gross ac that may be added to the ba density, These addition residential dwelling units per gros acre are the maximum affordable- workforce ousing density bonus (AWHDB) avalla to that development. Developments wit percentages of affordable - workforce hous units which fall in between the pe ntages shown on Table A shall receive an ordable- workforce housing density onus equal the lower of the two percentages It lies b eon plus itioth of a residenti dwelling unit per gross acre for each additional percent a of affordable - workforce h aing rental units In the development. For example, a dev pment which has 24% Its total residential dwelling units as affordable - workforce ho us units, and which h an affordable housing density bonus rating of "four" will receive a ffordable- workfo a housing density bonus (AWHDB) of 4.4 residential dwelling units r gross acre r the development, In no event shall the affordable- workforce housing density bonus exceed eig (8) oiling units per gross acre. P.ICPMnWiatoryW70529 000113040.07 Page 14 of 32 176 IV APPENDIX NDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM sum_ mare Table (1) Base density 6 units per acre. (2) Gross acreage 29, (3) Density Bonus- 3.0 dw ng units per acre culated as follows; One density bonus its per acre f 10% of the units being sold to individuals or files ea g between 81 % and 150% of the MI and two nslty nus units per acre for 10% of the units being so o ividuals or families eaming between 61 % and 800/9 of t I. (4) The total number of units is 20 f wh 21 units will be being sold to Individuals or famili earning b een 81 %and 150% of the MI and 21 units I be sold to in Iduais or families earning between 6 and 80% of the . The total number of affordable uni or both GAP and Wo force housing Is 42 units or 20 of the total number of un . P.%CPWInVilatory1070429 „000113040.07 Page 16 of 32 APPENDIX A. EXHIBIT B 6fPORDASL E WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please c ulate your density bonus in the space prov additional P as If necessary. below. Attach MAXIMUM ALLOW E DENSITY BONUS BY P CENT OF DEVELOPMENT DESIGNATED AFFORDABLE -WO ORCE HOUSING Household Product Income 10% 20% % 40% 0% 60% 70% 80% 90% 100% (% median 81 -150% Gap MI* r* 1 2 3 5 6 6 6 6 n/a (Gap) 61 -80% Workforce MI* 2 3 8 8 8 8 8 8 51.60% Low Ml 3 6 8 8 8 8 8 8 50% Very Low or leas S 7 8 8 8 8 8 8 8 MI -owner occupieQ "May only be us, Total Maximum Density Bonu In no event All conjunction with at least 10% at or below ible Density = Base Density + Affordable- the. maximum gross density allowed exceed 16 units per PACPWWHls,oW7052P o00=40,07 Page 1a of 32 Housing 178 APPENDIX A. EXHIBIT C Pursu Chapter 74, Sectlon 74-402 (a)(1); Collier County Code of Laws d 'ryyq BEDROOM UNIT Ordinan ,moderate Income is 61 % to 60% of the median Income, I come Is 51% to 60% of median Income and very low Income Is less than 50% o e median Income. $1 961 2 355 2 720 3 034 MEDIAN INCOME 2005 1046 1256 $63,300 Naples, MSA (Collier Cou 60 °/ $785 942 UMBER OF MEMBERS IN F LY 1215 50% 654 1 a 4 6 7 $1012 150% 73,350 83,700 9 00 104,70 3,10 121,50 129,90 138,15 80% 39,100 44,650 50, 55,860 0,300 64,750 09,250 73,700 60% 29,340 33,480 37,66 41,88 45,240 48,600 61,960 55,260 50% 24,450 27,900 31,400 4, 37,700 40,500 43,300 46,050 35% 17,116 19,530 21,980 30 26,390 28,350 30,310 32,235 25% 12,225 13,950 • 15,700 50 18,850 20,250 21,650 23,025 /fe O ENDED RE L RATES The Florida Housrporation (FHFC) cal ates rents to use In the State Apartment IncentL) and the Low- Income tal Housing Tax Credit (LIHTC) programiven below are based on 1 data from FHFC. Utility costs are provideunty's Section 8 Rental Assi nce Program which Is admini stered by tnty Housing Authority, H STS BASED ON 30% FAMILY I OME P.ICPWInWIstory1070629 _000119040,07 Page 17 of 32 17B p DR OOM NIT 'ryyq BEDROOM UNIT THREE BEDROOM UNIT F kR( BE OM UN 150% $1 961 2 355 2 720 3 034 80% 1046 1256 1451 1618 60 °/ $785 942 1089 1215 50% 654 785 907 $1012 468 549 636 $708 5% $327 $392 463 $506 P.ICPWInWIstory1070629 _000119040,07 Page 17 of 32 17B 178 &PPRNDIX B. EXHIBIT A ARY APPLICATION FOR AFFORDABLE- WORKFORCE LKM Date upanoy Desired; Date of Application: Amt. Of Ica apvrs,t. Your, Raco/National Origin: Handica es _ No _ Co- TenNAddross: Race/Notional Origin: Hand' p: Yes _ No ___. Present treat City State Aip Telephone No. Name of Landlord _ Landlord's Address; Street City If you have resided at your present Street City Name of Previous Landlord at this Address: Zip cicphone No, less than ears, please state previous address: Zip Telephone No. Street City State Zip Telophonc No, APPLICANT: Present Employers Name Address and Telephone How long with Pros mployer:_ Job Title Gross Salary: He y $ Weekly $ Every 2 Weeks $ onthiy $ Social Security umber Birth Date Previous E dyers Namo Address d Telephone No, How 1 g with Previous Employer Job Title C ENANT: P sent Employers Name Address and Telephone No, How long with Present Employer; Job Title P:%CPW In \Hletory\070529_0001\9040.07 Page 19 of 32 17B 17 so Salary; Hourly $_ Weekly Every 2 Weeks $ Monthly $ Soc Security Number Birth Date }?revio mployers Name Address an Tclephone No, How long wit evious Employer Job Title WAMVa ne ALL WH ILL OCCUPY APARTMEbT BIRTH DATE illy It 2. 3. 1, NQmD; A esa How long Known: &-2, Name; Ad s: ,,.. How Long Known; PV. f`WIn"a1ay1070a26_000V040.07 Page 20 of 32 17B APPTNDIX B EXHIBIT B AFFORDABLE- WORKFORCE HOUSING APPLICANT INCOME nt's Name: Social Security Number Co•Tena 's Name: ; Social Security 14 r Present I hereby make a o catio I hereby declare and c I am aware that to leave stocks, bonds, real prof Knowingly falsifying inf City State for a single family unit at all of my sources of income. K t or fail to report my I t, sale or ownership on this form is cause] Telephone A or forms of income from pensions, fraudulent act punishable by law, refusal of occupancy. I hereby certify that this will be permanen esidenee and that 1 have no other assisted housing. I understand that this information is For c purpose of computing my annual income to determine my qualification to buy an an a workforce, or gap housing unit. I understand that I am not required to surrender owners ' or rights or claimed property, pensions or capital gains, etc. a Co•Ocgapant Amount Fr pricy Amount Frequency Received of Pa Received ofpay WaSca/Salary $ $ $ $ Bonuses $ S $ $ Tips $ S______�_ $ Commissions S $ $ Interest Income $ $ $ $ Trust Fund In a $ $ $ $ Unemploym $ $ $ $ Workman' ompensation / $ $ $ Welfare $ $ $ Food S ps $ $ $ $ Soei ecurity $ $ $ $ 50 ' Security 1) It pity $ $ $ $ S plcrnental SSI $ $ $ $ amily Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ P; ICPWln %HletoOO70629_0001%3o40.07 Pape 21 of 32 17 Wi ws Benefits $ $ $ Ar Union ension $ /HAS S $ Self Bm yment Business, Silent P r, etc. $ $ Private Insur a Pension $ $ $ TOTAL ANNUAL COME $ THE VERIFICATION REQUESTED MAY TATHE MOST RECENT YEAR'S INCOME TAX TURN FOR EACH OCAS FILED AND WILL OCCUPY THE AFFORDaL WORKFORCE, OR GATHE SAME MUST BE EXEC FOR EACH OHE HOUSEHOLD WHO CONTRIBUTED TO THE ANNU OUS13HOLD URE TO REPORT ALL SOURCES OF HOUSEHOLD AVCO L RESULCATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR O HOUSING I P.IOPWIn%Hlalory107032(L OOOi\3W40,07 Page 22 0182 17B APPENDIX B. EXHIBIT C Ai?FORDABLE- WORKYORCV MOUSING APPLICANT INCOME CAN AP T; Present E over, Job Title; - -- Street City Stato Zip L, , hereby authorize the ease of information requested (Applic t) on this certification form. Signature of Applioant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledge efo o by Who is personally known to ma or has oducod identification. Witness my hand and o al seal this of , 2007. (notary seal) Notary Public My Commission Expir P;ICPWIn"kxyw7o5Z9 000113040,07 Page 23 of 32 Amount ;R CERTIFICATION Oros Annual Income or Rate or Pay: $ Hours Worked (Weekly); . Frequency of Pay; �ses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ss COUNTY OF COLLIER) The foregoing was acknowledged Who is personally known to me or identification. Witness my hand and official seal (notary sea)) A My Commission Bxpires: THE CERTIFICATION HERB REQC INCOME TAX RETURN FOR 1� AFFORDABL]3- WORKFORCE UPI' S Annually me DIF adtAd as day of F Notary Public ID MAY TAKE THE FORM THE MOST RECENT YEAR'S OCCUPANT WHO HAS AND WILL OCCUPY THE PACPWWH19twA0T0629_000tM0.0T Papa 24 of 32 17B APPENDIX C HQUSINC DRNSITY BONUS i Pursuant LDC § 2,06.01 please complete this form and submit I ith any accompanying documentati to the Community Development & Environmental ices Division, 2800 North Horseshoe Drive, aples, Florida 34104. A copy must also ovided to the Collier County Housing and Grants S on. All items requested must be 3 vWed, 1. Please state what zoning ' tricts are proposed tho applicant, if any, on the property and the acreage of each; PIM, 29 69-mros 2. Has an application for rezoning b ro ted in conjunction with the affordable, workforce and gap housing Density bonus? X_ Yes No If yes, state date of application A e binitted as Affordable 6/2006 and if the request has been approved, state th dinanee number 3. Dross density of the pro sed development, M unit are. Gross acreage of the posed development, 22M acres. 4. Are affordable -wo fora housing density bonus units sough conjunction with an application for a plann unit development (PUD) ?--2L- Yes If yes, please state a and location of the PUD and any other identifying ormation. The S, a of applicant Home 1?yg&Mics NOW. LLC _ Name of land developer if not the same as Applicant: PACPVAn1HistorM70628 000113040.07 Pago 25 of 32 P:ICPWInWistoryW70520 0001%3040.07 Pepe 26 of 32 17 17 LEI Total umber of Units in Devoloament Typ f Owner nit ante ie Bfficienc One Bedroo m Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE II GAP INCOME 81 -150% MI Efficiency I Bedroom 2 Bedroom 3 BedrJ Total Number Affordablo -W, force Units in Develovmd Proposed Use for Density Bonus Units NEM _Q% of apmved goalty if base density is exceeded 10% of eooroved density —AIL (if base density is exceeded) P:%CPW[n%Hlelory%070520 OODI13040.07 Page 27 of 32 17 RCE INCOME 61- o NO ciency 1 Bed 2 Bedroom 1 ova of 12210YRO density (if base density is exceeded) 3 Bedroom Other TOTAL ° f OpRroy9d — �- ( use density is ex ded) LOW INCOME 51 -60% MI Bfiiciency -.-- 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL _0 VERY LOW INCO 50% OR LESS MI Efficiency 1 Be 2 B oom Other TOTAL .Q .., 0 P;WpW In\History1070529_000113040.07 Page 28 of 32 17 loaso provide a physical description of the affordable- workforce units by ty/rooms. unit (very low inc e\ghe low income, workforce income, gap income) and by number of Include in youn, for example, the square footage of each typo of floor coverings used thrunit (carpeting, tile, vinyl flooring); window treatm s; appliances provided such as r, .... asher, stove, refrigerator; bathroom am ies, such as ceiling exhaust fans; and monit as applicable, Attach additional p s as Exhibit "D" if needed. All he Boxwoo UD, including the homes erved far affordable- workforce incsers, will spar any common fcatu OU Mediterranean S -Style cement tile roof Brick paver driveway, walkway, pore pati Covered entry Covered patio Professionally landscaped, y sodded homesite Stucco exterior with skip owel finish & decorative bands New hurricane code a struction Built to now Flori uilding codes Hurricane shutt s on all exterior windows & sliding glass doors Raised pane teel garage door, pre -wired for door opener Coach li at gamgo White eetronlated aluminum window frames with screens el entry door stucco soffits rDroof GFI electrical outlets Two hose bibbs P;\CPWInIHlotw yW70b28 000119040.07 Page 20 of 32 Ten year structural warranty ite treated foundation concrete foundation INSIDE 17B 13" X 13" Ceramic flooring in kitchen, Who & foyer In choice of rs Upgraded stain - resistant eting in choice of colors Upgrade 7/16"6 lb, density ding High - efficiency contra] air condit ing & heating system w' programmable thermostat Air conditioned laundry area with ea ie flooring & eo enient vinyl shelving Full size washer & dryer 40 gallon double element, quick recovery, on teient water heater Front door chime Two Panel with inset arch interior doors upgrad thumb- -Iatoh handle set at entry door. Raised panel bi -fold doors on closets Walk -in closets in all master bedroo a with A/C vents Ventilated shelving in all close Energy- of8cient R -19 ceilin sulation Colonial baseboards thro out Smoke detectors Marble window sil All bedrooms vin& room pro -wired for cable All bo&roo tying room & kitchen pro-wired for telephone Pre -wir or ceiling fans in all bedrooms & living room Page 30 of 32 0 18 cubic foot frost free refrigerator equipped with ieomakor \ofng oven range with four bumers ave with hood light hwasher a or bisque appliances ble basin kitchen sink Fo od waste dispose European -style upper ower Pantry for added storage Breakfast area in selected m 13" x 13" ceramic the flooring BATH Shower stall with clear glass Decorator faucets in all baths Blongated commode in all b 13" x 13" ceramic tile fl oobinetry with easy -care mjA counter tops in trier bath 6" x 6" /in'Dths a11s in the wet areas Medicinster baths 42" high aths DecoratMica va n porcelai n sinks in baths r ipms may vary depending on home selection. Builder reserves the right ont, materials and appliances, Features, specifications, dimensions, prices subject to change without prior notice. Pegs 31 of 32 and 17B 0 17B homes reserved for affordable- workforce housing purchasers will be two and nom, two bath unite in multifamily buildings. Each home will be owned by All of the wood homes will have periodic exterior painting provid or by the Boxwood Community A iation, The monthly homcowner's fee /raban r the cost of basic cable television a e, common areas and a communit and pool area, where residents an d guests m wim or just relax. The monthlyet been finally determined, but is anticipat to be approximately $ 180 8. Please supply any other informati which would r onably be needed to address this request for an affordable, workforce, and gap ho bonus for this development. Attach additional pages if needed. pAcpW IMHlatoriW70628_000113040.07 Pape 32 of 32 Dwight E. Brock CLERK OF' COLLIER Clerk of Courts 3315 TAMIAMI TRL E STE 1 NAPLES, FLORIDA 34112 -5324 August 26, 2013 Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 of Collier CIRUIT COURT rY COdRTHOUSE P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Re: PUDA- PL20130000141, Tuscany Pointe RPUD Dear Petitioner: 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners Tuesday, September 24, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 4, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Je , Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com 17B Acct #068779 August 26, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA- PL20130000141, Tuscany Pointe RPUD Dear Legals: Please advertise the above referenced notice on Wednesday, September 4, 2013 and send the Affidavit of Publication, in Triplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500140024 17 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 24, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2007 -55, THE BOXWOOD RPUD, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO 120; BY ELIMINATING THE AFFORDABLE HOUSING DENSITY BONUS AND DELETING /TERMINATING THE DENSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C ", THE EXISTING MASTER PLAN, AND APPROVING A NEW MASTER PLAN; BY DELETING EXHIBIT "C -1 ", ROW CROSS SECTION, AND APPROVING A NEW EXHIBIT "C -1 "; BY DELETING EXHIBIT "C -211, RPUD NORTH AND EAST PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT "C -2" ENTITLED NORTH AND EAST LANDSCAPE BUFFER PLAN; BY ADDING EXHIBIT "C -311, TYPICAL LOT LAYOUT; BY REVISING THE DEVIATIONS; BY REVISING THE DEVELOPER COMMITMENTS; BY DELETING EXHIBIT "G", CONCEPTUAL TOPOGRAPHICAL CROSS SECTION, AND APPROVING A NEW EXHIBIT "G" FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND NORTH OF VANDERBILT BEACH ROAD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.[PUDA- PL20130000141] A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need 17B it to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL, 34112 -5356, (239)252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk 178 Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDA- PL20130000141 Attachments: PUDA- PL20130000141.doc; PUDA- PL20130000141.doc Hi again, Please advertise the attached on Wednesday, September 4, 2013. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Tuesday, August 27, 2013 12:21 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS19A6 jpg Hi Ann! Please provide approval ASAP for publication on 09.04.13. Many thanks!!! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 ( cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/27/13 Publication NON Account Number 744102 Ad Number 1999395 Total Ad Cost $290.34 17B 17B Tuscany Pointe RPUD PUDA- PL20130000141 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 24, 2013 in the Board of County Commissioners Meeting Rohm, Third Floor Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance The meeting will commence at 9.00 A.M. The title of the proposed Ordinance is as follows: ORDINANCE OF THE BOARD OF COUNTY COMMiSSiONERS OF COLLiE'R UNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2007 -55, THE BOXWOOD LID, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNiT VELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING' E MAXIMUM DWELLING UNITS FROM 207 TO 120, BY ELIMINATING THE FORDABLE HOUSING DENSITY BONUS AND DELETINGITERMiNATING THE NSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY MASTER PLAN; BY DELETIN APPROVING A NEW EXHIBIT 'C EAST PROPERTY CROSS SECTI( NORTH AND EAST LANDSCAPE LOT LAYOUT; BY REVISING T COMMITMENTS; BY DELETING 1 SECTION, AND APPROVING A COLLIER BOULEVARD (CR 951 SECTION 35, TOWNSHIP 48 SO( CONSISTING OF 3&t ACRES A T'C-I`. _ETING EX DDING A "C -2' E -C 3 iE DEL AND AND A Copy of the proposed Ordinance is on file withthe Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individuals eakers will be limited to 3 minute's on any item. The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chairman, a spokesperson for a group or organization tray be allotted 10 minutes -to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a retard of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which retard includes the testimony and evidence upon which the appeal Is based. If you are a person With a disability Who needs any accommodation in order to participate in this proceeding, you are entitled; at no cost to ybu, to the Provision of certain assistance. Please contact the Collier County Fatuities Managernent Department, located at 3335 Tamiarri Trail East; Suite 101, Naipl'es, FL, .34112- S35' &, (239)252 -8360, at least two days prior to the meeting. Assisted , stening devices for the hearing impaired are available in the Board of County Comrrrnissioners Office. BOARD OF COUNTY C0..1MMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILL.ER,.ESQ,CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Anti Iennejohn, Deputy Clerk 17B Ann P. Jennejohn From: Neet, Virginia Sent: Tuesday, August 27, 2013 1:59 PM To: Ann P. Jennejohn Subject: FW: Ad Confirmation - Tuscany Pointe PUDA - 20130000141 Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: AshtonHeidi Sent: Tuesday, August 27, 2013 1:49 PM To: BonhamGail; NeetVirginia Subject: RE: Ad Confirmation - Tuscany Pointe PUDA- 20130000141 Good to go! Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 - - - -- Original Message---- - From: BonhamGail Sent: Tuesday, August 27, 2013 1:38 PM To: NeetVirginia Cc: AshtonHeidi Subject: RE: Ad Confirmation - Tuscany Pointe PUDA- 20130000141 Dinny, the title matches what we have in Client Profiles. Gail Bonham, Legal Secretary OFFICE OF THE COUNTY ATTORNEY 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 17B Ann P. Jennejohn From: Gundlach, Nancy Sent: Tuesday, August 27, 2013 1:23 PM To: Ann P. Jennejohn Subject: RE: Ad Confirmation - Tuscany Pointe PUDA- 20130000141 Hi Ann, This ad looks good too. Sincerely, Nancy Nancy Gundlach, AICP, RLA # 1244 Principal Planner, Planning & Zoning Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252 -2484 FAX: (239)252 -6361 nancygundlach@colliergov.net - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Tuesday, August 27, 2013 12:30 PM To: GundlachNancy; NeetVirginia Subject: Ad Confirmation - Tuscany Pointe PUDA- 20130000141 Here's another one for you to approve, please. Petition PUDA- PL20130000141, Tuscany Pointe RPUD; same run date of September 4th for the September 24th Board Meeting. Thanks again, Ann - - - -- Original Message---- - From: Polidora, Carol [ mai Ito: cpolidora @naplesnews.com] Sent: Tuesday, August 27, 2013 12:21 PM To: Ann P. Jennejohn i 178. Ann P. Jennejohn From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Friday, August 30, 2013 8:38 AM To: Ann P. Jennejohn Subject: RE: Ad Confirmation This has been released for publication. We're all good. This is the only one outstanding... Have a great holiday weekend. I am ready for the extra day off! Carol - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, August 30, 2013 8:35 AM To: Polidora, Carol Subject: RE: Ad Confirmation Yes, please publish. I thought I had replied to you .... I apologize. Are you waiting for any other o.k.'s from me? Ann - - - -- Original Message---- - From: Polidora, Carol [ mai Ito: cpolidora @naplesnews.com] Sent: Friday, August 30, 2013 8:08 AM To: Ann P. Jennejohn Subject: Ad Confirmation Importance: High Hi Ann Haven't heard back from you on this one ... because of Labor Day, we're on early deadline... noon today. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 ( Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/30/13 176 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------- - - - - -- -------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59727579 NOTICE OF INTENT • • • �1l•lll'I ' NOTICE OF INTENT TO CONSIDER ORDINANCE k6tice is hereby given that on Tuesday; September 24, 2013 in the Board of Cooney Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment pf a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 'OF COLLIER State of F 1 o r i da COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2007-55, THE BOXWOOD RPUD, BY, CHANGING TH County of Collier THEEMAXIMUM "DDWELU� Before the undersigned authority, per: DENSITY BONUS AG EEMEN appeared Robin Calabrese, who on oath sa DELETING EXHIBIBYC, T E she serves as the Advertising irector C APPROVING A NEW EXHIBIT g EAST PROPERTY CROSS SEC Naples Daily News, a daily newspaper pub "mTMYNNDDTEAST ; BY REV Naples, in Collier County Florida: tha COMMITMENTS; BYDEUMN SECTION, AND APPROVING attached co py of advertising was publish COLLIER BOULEVARD (CR 9 SECTION 35, TOWNSHIP 48! newspaper on dates listed. Affiant further says that the said Nap News is a newspaper published at Naples, Collier County, Florida, and that the sa newspaper has heretofore been continuous published in said Collier County, Florid day and has been entered as second class matter at the post office in Naples, in Collier County, Florida, for a period of next preceding the first publication of attached copy of advertisement; and affi, further says that he has neither paid no: promised any person, firm or corporation discount, rebate, commission or refund f( purpose of securing this advertisement f( publication in the said newspaper. PUBLISHED ON: 09/04 AD SPACE: 98 LINE FILED ON: 09/04/13 CONSISTING OF 3(Y PL20i30000141) RPUD TO TUSCAN I'S FROM 207 T( f BONUS AND REVISING THE DI BY RANGE 26 EAS1 Y PROVIDING A AND LOCATED EAST OF BEACH ROAD IN AUNTY, FLORIDA, rE DATE. [PUDA- A Copy of the proposed Ordinance is on file with the`Clerk to the Board and is available for inspection. All interested parties' are invited to attend and be heard. . NOTE: All persons wishing to speak on any agenda item must nister with the County manager prior to presentation of the agenda item to b, addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. , recognized by the Chairman, a spokesperson for a group or organization ma be allotted 10 minutes to speak on an tem. Persons wishing to have written of graphic materials included 01 the Board agenda packets must submit said material a minimum of 3 weeks prior to the.respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimun(of seven days prior to the public hearing. All mitenal used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto ant therefore, may need to ensure that a verbatim record of the pproceedings is mode, which record includes the testimony and evidence upon whichthe appeal is based. If you are a person with a disablity who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to •the provision of certain assistance. Please codact the Collier County. Facilities Managgement Department, located at 3335 Tamlmi Trail East, Suite 101, Naples, FL, 34112 -5356, (239)252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available it the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONEIS COLLIER COUNTY, FLORIDA. GEORGIA A. HILLER, ESQ, CHAIRWOMAN -- - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Signature of Affiant y Sworn to and Subscribed befae me thi day of dla!2AUYo`o Personally known by me CAROL POLIDORA MY COMMISSION # EE 851758 %a•, EXPIRES: November 28, 2014 �,� od � d Bonded Thru Pichard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING 71B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County .Attorney Office at the time the item is placed on the agenda. all completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sip-nature. draw a line through routine lines # I through 02 romnlere the rherldict and fnrm A to the (`n—ty enn...n., Off— Route to Addressees (List in routing order) Office Initials Date L County Attorney Office County Attorney Office (Initial) C4 2�1I 2. BCC Office Board of County Commissioners Z \ 3. Minutes and Records Clerk of Court's Office e t3 n 4. (1) Ordinance; (2) Termination Agreement Number of Original 2 5. '"r ��� ` e Documents Attached Sky, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missine information Name of Primary Staff Nancy Gundlach Phone Number (239)25 -2484 Contact / Department appro riate. (Initial) Applicable) Agenda Date Item was September 24, 2013 enda Item Number 17 B. Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document (1) Ordinance; (2) Termination Agreement Number of Original 2 Attached '"r ��� ` e Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. number if document is by the Office of the County Attorney. to be recorded �� 2 J N/A INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised - 2.2445; 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appro riate. (Initial) Applicable) I . Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases (some contracts are an exception), the original docu ent and this routing slip N.G. should be provided to the County Attorney Office at the time the it m is input into SIRE. Some documents are time sensitive and require forwarding to Tall hassee within a certain time frame or the BCC's actions are nullified. Be aware of yo 4r eadlines! 8. The document was approved by the BCC on September 24.20 13 and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the j Chairman's signature. �\ 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised - 2.2445; 11/30/12 176 MEMORANDUM Date: October 1, 2013 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Terminating a 2007 Agreement between Lynx Zuckerman at Naples, LLC and Collier County regarding an affordable housing density bonus, covenants and restrictions on property Attached for your records is a copy of the document referenced above, approved in conjunction with Tuscany Pointe Ordinance 2013 -53 (Item #1711), that was adopted by the Board of County Commissioners on September 24, 2013. The Minutes and Record's Department has held the original for the Board's Official Record. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment ire TERMINATION AGREEMENT THIS AGREEMENT, as entered into on the N day of -4 6k,,K , 2013, between LYNX ZUCKERMAN AT NAPLES LLC (hereinafter referred to as the "OWNER "), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "COUNTY "). WHEREAS, HOME DYNAMICS LLC and the COUNTY entered into an Agreement authorizing Affordable Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property dated June 26, 2007 (hereinafter "Agreement "); and WHEREAS, OWNER, as successor to Home Dynamics LLC, has petitioned the County to reduce the residential density on its property and terminate the Agreement. NOW, THEREFORE, the parties hereto agree as follows: The Agreement is hereby terminated as of the date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the date and year last written below. ATTEST: DWIGHT E. BROCK, CLERK 's Attest as t� signature only. WITNESS�tS: Signature 5 fVVuvt, e ono Printed /Typed Name 1 (2) -C 4 a� Signature, / Printed /Typed Name BOARD O,,F COUNTY CO ISSIONERS OF COL, lEkICgUNTY, F ORIDA LYNX ZUCKERMAN AIDS LLC By: ie Z-v C�1` /) Typed Name Akt- 6 Printed /Typed Title item # Agenda Date Date a Recd 1 of 2 Dep rk C Approved as to form and legality: 010 H6-di Ashton -Cicko Managing Assistant County Attorney 13- CPS - 01214 \18 2 of 2 178 CA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routine lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office �Au, C 2 �� 2. BCC Office Board of County Commissioners G} Z: 3. Minutes and Records Clerk of Court's Office N/A Type of Document 4. Number of Original 2 Attached 5. Documents Attached ` r� PO number or account Crn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach CIAA3t Phone Number (239)25 -2484 Contact / Department a ro riate. f Applicable) Agenda Date Item was September 24, 2013 L / enda Item Number 17 B. Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document (1) Ordinance; (2) Termination Agreement Number of Original 2 Attached �' <� ��� luZ Documents Attached ` r� PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. number if document is �� 3 to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's N/A INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise , evised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases (some contracts are an exception), the original docu ent and this routing slip N.G. should be provided to the County Attorney Office at the time the it m is input into SIRE. Some documents are time sensitive and require forwarding to Tall hassee within a certain time frame or the BCC's actions are nullified. Be aware of o r eadlines! 8. The document was approved by the BCC on September 24, 2013 and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise , evised 11/30/12 17B ORDINANCE NO. 13- 5 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2007 -55, THE BOXWOOD RPUD, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO 120; BY ELIMINATING THE AFFORDABLE HOUSING DENSITY BONUS AND DELETING/TERMINATING THE DENSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C ", THE EXISTING MASTER PLAN, AND APPROVING A NEW MASTER PLAN; BY DELETING EXHIBIT "C- 1 ", ROW CROSS SECTION, AND APPROVING A NEW EXHIBIT "C- 199; BY DELETING EXHIBIT "C -2 ", RPUD NORTH AND EAST PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT "C -2" ENTITLED NORTH AND EAST LANDSCAPE BUFFER PLAN; BY ADDING EXHIBIT "C -39', TYPICAL LOT LAYOUT; BY REVISING THE DEVIATIONS; BY REVISING THE DEVELOPER COMMITMENTS; BY DELETING EXHIBIT "G ", CONCEPTUAL TOPOGRAPHICAL CROSS SECTION, AND APPROVING A NEW EXHIBIT "G" FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND NORTH OF VANDERBILT BEACH ROAD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20130000141] WHEREAS, Robert J. Mulhere, AICP of Hole Montes, Inc. representing Lynx Zuckerman at Naples LLC, petitioned the Board of County Commissioners to amend the Boxwood Residential RPUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Ordinance No. 2007 -55, the Boxwood RPUD, located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is hereby amended to change the name of the Residential Planned Unit Development to Tuscany Pointe RPUD in accordance with the revised Exhibits attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The Tuscany Pointe RPUD Page 1 of 2 PUDA- PL20130000141 — Rev. 8/08/13 co 17B appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by s``u��pp�er- majoritty�-� vote of the Board of County Commissioners of Collier County, Florida, this c,,`1' 'day of 2013. ATTEST.""''' e , , DWIGIif, E:'BRIOCK,, CLERK Atte signature only'.,` ' . Z oved as to form and legality: Uµ(SL t3 eidi Ashton -Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER , FLO DA C By: I GE RG A. tLLER, ESQ. Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -I — ROW Cross Section Exhibit C -2 — RPUD North and East Landscape Buffer Plan Exhibit C -3 — Typical Lot Layout Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Conceptual Topographical Cross Section CP\ 13- CPS - 01214 \58 Tuscany Pointe RPUD Page 2 of 2 PUDA- PL20130000141 — Rev. 8/08/13 CP ALLOWABLE USES PERMITTED USES: 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: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the od Tuscan Pointe (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the E)d Tuscany Pointe RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as detennined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single - family detached dwellings; 2. Single - family attached dwellings; 3. Two - family patio and zero lot line; Page 1 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 4 EXHIBIT A FOR TRE go- �'-W9AD TUSCANY POINTE RPUD ALLOWABLE USES PERMITTED USES: 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: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the od Tuscan Pointe (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the E)d Tuscany Pointe RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as detennined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single - family detached dwellings; 2. Single - family attached dwellings; 3. Two - family patio and zero lot line; Page 1 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 178 4. Townhouse (TH) =AR y; 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA") by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and clubhouse, screen enclosures, and facilities for lawn care and maintenance. The location of the recreational area is depicted on the RPUD Master Plan. 3. PRESERVE SUBDISTRICT The RP-t— µaster - IlliH- feA4de,�- -�-1-5 -ae=es of pr'esefve area r 1 t, �, ate:'..l,at n t totes, il;iii 3. ��- "- �3 -c�zt- =rc-= u- i-- ac�vru�- c'�Eic- tit i- -17i�-H eveiapmeiat Code -- eater . t _rr r'ait =ct Lr La i�te?ci aTC i t =vrt;; via 0 +ftj}est�� �'?i� 't+';. ,. /•,, + fl ' n,..a;.,, nee The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. One ti R v.' r -1 On In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. T, „t,. fWe per e t (1.25 a es' of this area sh„ fl-b e- --re- , ated -as- -a rwe ":ea. s &f- 31-esei -ve- shal -b e +.,_b ' arty -This ap, e� e �treil el l l ti ennec c ca-t#e 13r set rea c�13 tk�c1 tle -'��,� �11`V pi l It *ro the Sat :7 Thus the RPUD Master Plan requires that a minimum of 4.15 acres of preserve area be recreated onsite contign sous to the existing offsite preserve on the Bucks Run PUD to the south, or relocated offsite in accordance with the criteria in the Land Development Code. The cross sections for the meted preserve area set forth in Exhibit "C" of this 0fdiflaftee and tThe cross sections for the topographic profile of the efeate'' preserve at-ea- are set forth e�{assite in Exhibit "G" of this Ordinance. A. Permitted Uses and Structures within the On -Site Preserve, if applicable: Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; Page 2 of 16 HA2004\2004112 \WP\PUDA\Post CCPCMiscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 17B 4. Boardwalks and trails that do not reduce the minimum amount of required vegetation to be preserved. 4. MAXIMUM DWELLING UNITS The maximum dwelling units shall be two heir a ' r �, one hundred and twenty iz . 5. DEVELOPMENT STANDARDS The following table sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the site development plan or subdivision plat. Page 3 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (5- 20- 2013).doc (�-N 17B EXHIBIT B Ens myg`��zrnnr� TUSCANY PONT RPUD RPUD TABLE I RESIDENTIAL (TRACT R) DEVELOPMENT STANDARDS SINGLE FAMILY 5500 S.F. PER UNIT hterier-50 FEET ��n� SINGLE FAMILY ATTACHED & TOWNHOUSE TWO - FAMILY, PATIO & ZERO LOT LINE D Y CLUBHOUSE/ RECREATION BUILDINGS DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES 1800 S.F. PER UNIT 4500 S.F. PER UNIT " S.'n �. P R "I TI N/A MINIMUM LOT AREA 30 FEET 1200 S.F 40 FEET 1200 S.F. � } N/A N/A MINIMUM LOT WIDTH 1200 S.F 23 FEET 5 FEET MINIMUM FLOOR AREA 23 FEET'- 23 FEET- "* N/A MIN. FRONT YARD 0 OR 5 FEET= 0 OR P25 FEET2 F 20 FEET MIN, SIDE YARD 10 FEET 25 FEET 10 FEET 10 FEET 4o FEET 15 FEET MIN. REAR YARD 25 FEET 25 FEET 'tea c 25 FEET MIN. PRESERVE SETBACK 10 FEET Not less than 20 feet between bldgs. Not less than 12 feet between bld s_ feet between bldgs. 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 25 FEET not to exceed Nvit -hug -two stories ght-" zene - l3twnOHD e ;weed toy- i e #t�c�t �tiEa) 4teiyht. 25 FEET not to exceed m4t -4ire -two stories4iei&-as t car -35 feat a tEtaE. 25 FEET not to exceed wi#hin two stories -heiglA as gs.(med- but -aot to -&Keee venty- fWt4 ee &r-3a &-et-a4u -a . ?SET ,-�" t�r,o - stEnie"eigktt as z ut_n,44c-) omefAy 25 FEET not to exceed widtin two stories -h, -fight as zoned 4-ni* to_ex+eed -twent-y- five f. et 0 r Leetastrt. . MAX. BUILDING HEIGHT - N9T-T9 -E-XC-E- *£BZON.F,.D exeead tiet ef-_15)- feet act 35 FEET 35 FEET 35 FEET 35 FEET MAXIMUM BUILDING HEIGHT - ACTUAL. ACCESSORY STRUCTURES "_ SPS " ° —SP-8 SPS 23 FEET FRONT SPS SPS SPS sks SPS SIDE 5 FEET 5 FEET 5 FEET} 5 FEET REAR 10 FEET 10 FEET 10 FEET i 0 FEET 10 FEET PRESERVE SETBACK N/A SPS N/A SPS N/A SPS IAA �S N/A SPS DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. B.tflWXNrcy-HEIGHT & ACTUAL ZONED S.P.S. = Same as Principal Structures BH = Building Height Page 4 of 16 H:\2004\2004112 \WP\PUDA \Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 178 N 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: * The minLmum aFea for ma4fi fiffnily use is 10,000 square feet bu4 each individua4 unit may be a w4n� feet 1 The 23' setback shall apply to anv front ewry garage and shall be measured froni the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a varked vehicle shall not conflict with the sidewalk, in no case shall the front setback for the side entry garage be less than 10'. All other portions of the principal structure whether desit;ued \vith a front entry or side entry <gyarage, shall be set back a rninimuin of 20 feet. except AVAhere a lot is located at the intersection of two streets, in which case the front yard setback set forth hei-ein shall only apply to the street on which the entrance is located, and the other setback adjacent to the ROW shall be a minimum of 10'. A- scapa��aticart�a- ll- b@-- rnaintz�iii@ il�tk> r�t�- t- hc�- Nt�r�he�- pt{ �@ tt�lthc�-- a�ur3- c��t- l�-- sho�3�t�- t�- t1�c��k7���zr -� � v "., of the 1�} iii- Fi9tftii- l- ir- iiiii�c €iitH�l- t3�--1-��@@t�H- tl�-t, :'m?:t3iitnEt- iH�- &- ir'rf- art- �l�ii- IBEath - C2cHt" - Cltrl3--- c4ns -`c" -T ' ")4@ asL�l- fo�r�lit- e#'- �y� -ope 1c�Ea- tit�ri- cictc�i'�ft- ,z�- �a'?<>B -il4- aster•- >?li}n. minfrntmi side setback fur single - family attached townhouse two- fancily, patio and zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve nunimum 10' separation. Page 5 of 16 HA2004\20041I MPTUDATost CUMuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc `l W i M gam°Z 2Y5 3U� W m W LO J > O zZ�z m - -- z m� I I rapp `I`II I � I ' P ;biz �Z I I Z as i I !I I g Lu 7 m t ❑ p7 I 1 1❑ Nor F u= W mCL gLU� Ix yy rI 1 11 I I I I N Q I I F W m II Mawr I i wwwv I - - - - - -- v, adu j aaiUne At I i II ZI I� \ o S J i LU I , Y 1 r---- - ---- -- — , 'aMtlAimou ballloo Page 6of16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 2 ❑ Ya U� _ m Z W v� 7 m 176 tl y W c u � S w $ b U qa �c aW.bb e g M M M M M M ° w � J n o w c mm X D I w 23 g�aSc�aP s 8 C1 T rZyyw d �v� U �mz � Wg tn�w VC mJN Z o iOz � 2 z ] ?J I r n O N Z a J a w W a• � U am W W v Z O U ❑ IL x ial, Z O U j 17 B M, O U N 0 $ N 7—?LU aW W uj I- Z� D �ym CJ 03: �3x � � W o � a 0 � CJ °• m e cc LL °) z U- Z W € aLL 3 N V 00 00 Z �.j -3 Oq� 1ssFi4 ij°G �Z li 6 WC Page 7of16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doe c_; 17B "'1 Page 8 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL-2013 -0141 (8- 20- 2013).doc V P� U � � N U r m N 7 N W W WAN G G m ca fil O y N U) LU tiW CL w m 10 y :10 0.0 w Cl) �Z0OU- =o 3 W W Q �QYN �JUW rw" iq N iZ Z 0= �mJF- OWwA u. W�> omz .5 U }WO JQd w ZUU �zm O W f �U P J W C] 0500 =�> Z W Q WUW wa- Z Q Q Q W ZJQLU z j "' W O.Q W WLmm V020 a J o N Z Q W W F- QZ =U w VLL N NQOw WQO1i. �o Cj) LL LL LL U. ~ m O W LL. Cy00 J �i m >Q� N Na W O 0O a w 0 Lu o - ^'= V Q W V _j _j N p a "a ary ever J �yJW o� w 2Z N � =aj Posy Q° W J J W 0 W 4� ;oo of f .. Z (L W =y° m, Z awy0 AO O Z ZJ ~ WNzQ ei °a} op5L V w LL z W CO O �_- LU Q g" w td y0 2 N w ♦U =owe F-�u.0 rOT J m Ids W v/ _ W Z 0 0 a �I WW m W ZEG]U v Wz _ a�♦ �w 4g4 cd� JZ `aa V a Iti J J Page 8 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL-2013 -0141 (8- 20- 2013).doc V P� 17B PROPERTY LINE -- - -� -- 5' LAIN. -- -- I Z I � j ACCESSORY STRUCTURE 1 (E.G. POOL) ,r l PROPERTY LINE 5' MIN. FOR SINGLE FAMILY DETACHED4 0' OR 5' FOR SINGLE FAMILY 1 ATTACHED, TOWNHOUSE, TWO-FA M Y. PA110, AND ZERO LOT LINE. 5' M�N. DICE SIDE YARD SETBACK MUST BE ACCOMPANIED BY ANOTHER 5' MINI SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 10' SEPARATION.I 5' MIN.- MIN. I I � PROPERTY LINE I I I I I I I I I 23' MIN. FOR FRONT -ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY I I I GARAGE IF DESIGNED SO THAT A PARKED VEHICLE WILL NOT ENCROACH UPON THE SIDEWALK. R.O.W. LINE I I I IN NO CASE SHALL THE FRONT SETBACK OF A SIDE ENTRY GARAGE BE LESS THAN 10. SIDEWALK ROADWAY SIDEWALK REVISED: 8/8/13 — — — — — '- REVISED: 7/19/13 REVISED: 6/21/13 REVISED: 6/10/13 NOT TO SCALE CHECKED PROJECT Na 950 Encore Way / / SCAN/ ""NM Q H.H . 2004.112 Naples, FL. 34110 ORAMM BY; CAD FILE NAME: Phone: (239) 254 -2000 EXHIBIT C -3 A.Ld 411=T HOLE MO &K Florida Certificate of TYPICAL LOT LAYOUT DATE 4/13 EXHIBIT EXHIBIT C-3 pqw•p�•�jp1$ Authorization No.1772 Page 9 of 16 HA2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc ,t EXHIBIT D FOR THE BOXWOOD TUSCANY POINTE RPUD LEGAL DESCRIPTION LEGAL DESCRIPTION 17B The subject property being 29.69 30.46± acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: ihl- t�A�ft +, c�ciazn!/ fv� -?c; 31us the south ut-hwest ',�, less the west 1. 00 feet and fhe South 4 +1 o 1/. �,crr ciic' 'rort� st � t ^C { 35, Township tl D iige 26 East., �c ?u�3t��lFl+i{1�r Parcel 1: The South one -half (S ' />) of the South one -half (S ' /z) of the Northwest one- yugrter (NW 1/4) of the Southwest one quarter (SW ''/4) of Section 35 Township 48 South, Range 26 East Collier County, Florida. Parcel 2 The South one hall (S %z) of the South one -half (S %Z) of the Northeast one- quart er (NE %4) of the Southwest one quarter (SW ' /4) of Section 35 Township 48 South, Range 26 Cast Collier County, Florida._ Parcel ; The North one half (N %z) of the South one -half (S '/2) of the Northeast one- quarter (NE 1/4) of the Southwest one-quarter (SW '/4) of Section 35 Township 48 South, Ran < ,Ye 26 East Collier Collnty Florida. Page 10 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doe 17B EXHIBIT E FOR THE BOXI ZOOD TUSCANY POINTE RPUD LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE PRIVATE ROADWAY WIDTH 1. The private roadway shall have a minimum 42 foot right -of -way width. This is a deviation from the 60 foot right -of -way width specified in Section 6.06.01 of the Land Development Code. (Deviation 1) The justification for this deviation is that this right -of -way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. DRAINAGE EASEIVIENT WIDTH 2. Deviation 2 seeks relief from LDC Section 6.01.02,13.2, Drainage Easements, which requires that an easement shall be no less than 1.5 feet in width to allow for an easement that is do less than 10 feet in width for stornl drainage pipes less than 24" in diameter and with an invert no more than 6 feet from. finished Tirade. All. installations will follow OSHA and ACPA Standards. Page 11 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doe 8' 1 EXHIBIT F FOR T14E rrtl`7WOOD TUSCANY POINTE RPUD DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. If a gate is proposed at any /or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area shall — be--ptc- its pFep u�te shall be designed to allow vehicles to make a safe turn around in front of the key pad/phone boy: or between the key pad/phone box and proposed Nate. C. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). D. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. E. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by County, shall not be eligible for impact fee credits. All required vehicular access improvements shall be in place and available to the public prior to commencement of on -site construction. F. Nothing in any Development Order (DO) shall vest a right of access in excess of a right - in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Access points shall be determined at time of subdivision plat or SDP a proval in accordance with the Collier County Access Management Plan. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such Page 12 of 16 HA2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 17B modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. If any required turn lane improvement requires the use of existing County Rights -of- Way or easement(s), then compensating Right -of -Way shall be prcle&couveyed by owner to County at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his designee. H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the appropriate corresponding CO. 1I. A northbound right turn lane shall be required prior to commencement of on -site construction. No other work shall be performed within the site boundaries until all development commitments have been met with regard to improvements within the public rights -of -way. No southbound left median opening shall be allowed. KJ. If the existing access bridge over the canal is widened or otherwise modified, appropriate permits shall be obtained from the South Florida Water Management District. LK. A shared access shall be provided to the property to the north. Placement of a gate on the main access roadway into this project shall be located so as to allow sufficient shared access with the adjoining project to the north. The interconnection shall be located approximately 300 feet (to centerline) from the CR 951 right -of -way, as shown on the conceptual plans. The interconnection may be less, but shall be reviewed by Transportation Staff. The interconnection shall be no less than 200 feet from the existing CR 951 right -of -way. 2. UTILITY REQUIREMENTS A. }C�o "tcrrr +., », +, t,e -aei e fe ., aw : titer- W81l. easement-' , r iinet n-Hr4crfeet y .4t feet : eh. area, and a eiated „ +i lity meess EepA ter -c fi-1- •11 Llll" �aly4-ae-eT. iJ- VZ.IsVTI1T/iTCs Ti3 L1LLT1- L7l+-L- 'l•L YZIIe anless he 'ell sit S pUblie i-ight Eyp ....... 41 which ease they should be 16 f�et wide. Th 10C-atiffilS Ot two ll f l l Elepieted aB the RPUD Master Plan. This eanveyanee.4ded4eation shall - Hi the — tmie--^vrrnL&iripr^v',':: °LTr,; - rr-•,, >a- Of simil preeess fE}t=-t-lie -it proposed - case+flcra- a.Ltir�i c1 b s- approved by—the ( .,.. +J TT+._+.ce . Staff i_i shall 1^e Page 13 of 16 H:\2004\2004112 \WP\PUDA\Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc l� C 17 B �,l BA. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the common property line. $ n agfee33 .t t shall be enter -- eywee the a i n MP D ,a R ^,a RRUD to gv 'en m-ainten-ai3£ia of *pie 8f to the issuance s,dbdiN si -lt t: The 201% of the pf_jeet's 207 GAP N111.L �k8r1�f6iE lEli3$Pli� ilfiit'sll�l .tc c"rirgti�vi a density bonus of 3.0 g $4. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. At the developer's discretion an offsite preserve may be utilized as ,in alternative to the recreated ofsite preserve in an amount (of acres) and .location approved by the Board of County Commissioners. A cross section of the optional ofsite re- created preserve area, depicting topographic features, is attached as Exhibit G. 65. WALLS A. Exhibit C -2 depicts the proposed wall and landscaping buffer treatment along the north and east property lines adjacent to Vanderbilt Country Club. B. ATIie wall or fence is to be constructed along the north and east property lines adjacent to Vanderbilt Country_Club 1,a'll be _*_ et d • + the eafliest time possible a+ fi p a do „ :�it� for e =er�t prior to the issuance of the first building permit. T4i&4-andseapiftshM e installed C. The wall or Fence along the serer nort11 and east property lines adjacent to Vanderbilt Country Club shall be a concrete block wall prefabricated concrete wall, or a pressure treated wood fence. Page 14 of 16 HA2004\2004112\WPTUDA\Post MOTuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doc 17B 6. Pun MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible. Bor PUD monitoring until close -out of the PUD and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD At the time of this PUD approval, the Managing Entity is Lynx Zuckerman at Naples LLC Should the MailaC7in;,T Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval the Managing; Entity will be released of its obli C7ations Uon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity As Owner and Developer sell off tracts the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the .new owner and the new owner's agreement to comply with the Colrunitments through the Mana .ins Entity, but the Managing? Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out then the Managing Entity is no long >er responsible for the monitoring and fulfillulent of PUD commitments. 7. GENERAL A. A one story recreational building with typical accessory recreational facilities shall be permitted The location of such recreational building, and facilities shall be denoted on the first st.ibdivisio-ti..pl.at or Site Development Plan for the project, as the case may be, prior to sale of any platted lots or condominium units. Page 15 of 16 H:\2004\2004112 \WP\PUDA \Post CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (8- 20- 2013).doe Z 4 «�m {) � « � 17 B ■ f 2 � / k z * / � ;� ■ / � z � � ;� 7 LU 7 R U � / § � }| K LU ) ■ :® ■° | _ ) a « ° - lsi I k� [ o« + | c§ CL § 2 a |a!!! . ■aG � ■q/ 4 2 w « I \ e § f }§ z ®© Z § $ \ p 2 k 0 \ k u u �`,( 2 (A i§ ¥ LLI © Page 16 of 16 N: g\20 gnaw fvwe�mceczcany Pointe RPu PD2ESO&ls2o&13a CN / � ) � � 7 LU 7 4 U � / § � }| ■ :® ■° | _ ) a « ° - lsi I | Page 16 of 16 N: g\20 gnaw fvwe�mceczcany Pointe RPu PD2ESO&ls2o&13a CN -www i i !Ni I I III I d i1 a =-� -- r, _ -. O 1 17B u Ye p �I d� R w R K m t4 i A lI O 1 17B u Ye p �I d� R w R K m t4 i 17B This space for rY BONUS AND IMPOSING COVENANT RESTRICTIONS ON REAL PROPERTY THIS AGR ENT is made as of the day of , 2007, by and between o e a ics ales LLC (the "Developer" nd the TCoIlier County Bo ard of County Commissi rs (the "Commission "), collect ly, the "P RECITALS: A. The Developer owns a tract real prop hereto and Incorporated herein (The "Prop " a maximum of 207 residential units (the " acre on the Property. The gross acre of Prol affordable- workforce housing units c structed by total number of residential Un approved In oKy described in Exhibit "A" attached Is the Developers Intent to construct at a density of 6.97 units per gross > is 29.69 acres. The number of Dev er shall be 20 percent of the Develop S Ot orders issued for the Property. B. In order to con Oct the Units, the Developer must ob n a density bonus from the Commission f the Property as provided for in the Collier my Affordable Housing Density B s Ordinance No. 90 -�89, now codified by Ordina 04 -41, as Land Developm Code (LDC) § 2.06,00 et seg,, which density bonus c only be granted by Commission and utilized by the Developer in accordance with strict Ilmitatlo and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Develop Page 1 of 32 4/12/06 178 authorizing the construction of 3,0 bonus Units on the Property, if the Developer agree to \FORE fordable - Workforce Units as specified In this Agreement. HEREFORE, In consideration of the approval and grant of the nsity bunits per acre requested by the Developer and the benefit onferred t roperty, and for other good and valuable consideration, r ecelpt and swhi are hereby acknowledged, the Developer an a Commission hnt and ree as follows: ecital . above Recitals are true and cor t and are incorporated herein by reference. 2, Developer Are nt , construct up to 42 units in accorda e and as specified by the attached Appe C, which Appendices are incorporated of this Agreement. a. The following provislog� The Develop hereby agrees that It shall with the ter s and conditions of this Agreement Ices B, Exhibits A. B, & C, and Appendix by rence herein and which constitute a part shall be Xplicable to the affordable, workforce and gap Units: (1) Defined terms the event of a conflict tween terms as defined In the LDC or in Ordinance No, -89, Section 4, the definition f the LDC will control when applying or Interpretin is Agreement, In addition to the defined terms and the applicability of LDC 2,06,04 "Phasing" shall mean: (a) the ased construction of buildings or stru r"es in separate and distinct stages as shown on PUD master plan, subdivision m ter plan or site development plan; or (b) In developme s where phased constructio is not depicted on a PUD master plan, subdivision mas plan or site develop nt plan, the construction of buildings or structures In a clearly d ned series of sta and finishes that are separate and distinct within the development, (2) Median Income, For the purposes of this Agreement, the media come the area as defined by the U,S. Department of Housing and Urban Develo ent P:\CPWln\Hlstory\070529_0001\3040.07 Page 2 of 32 „M 4 17B UD) shall be the then current median income for the Naples Metropolitan atistical a, established periodically by HUD and published In the Federal egister, as ju d for family size as shown on the tables attached hereto as Ap ndix A, Exhibit C, which habit shall be adjusted from d stments that are auth ed by HUD or any su publish an establ ed median Incom agree to another rea able and co median Income. (3) Eli i it nd i catic step process: 1) submittal of an li family housing unit provided under th bonus program prior to being qualified workforce, or gap Income) in acco Owner by the Financial Administra ' n The Developer shall re applications, verifying Inco and workforce, and gap units the subje documentation requir by this A Administration and busing Departm as an eligible 0 er family shall be s the monitorin nd enforcement progr m time to time in accordance any a Ju ccessor agency. In the ev t that HUD ceases to e as aforesaid, the P es hereto shall mutually mparable method computing adjustments In caner amity income eligibility is a three - by prospective Owner; 2) verification of ble, workforce, and gap housing density appropriate level of Income (very low, low, %this Section; 3) certification of eligible and Housi Department. sponsibie for alifying Owners by accepting obtaining income rtification for all affordable, ct development, All a lications, forms and other greement shall be pro ed to the Financial ant. Qualification by the Dev per of any persons ubject to review and approval accordance with am In LDC §§ 2.06.05 and 2,06.0 respectively, ( Apolicatlon. A potential owner shall apply to the deve per, owner, anage or agent to qualify as a very low, low, workforce, or gap Income f ily for the irpo of owning and occupying an affordable- workforce housing unit pursu t to the f dable-workforce housing density bonus program. The Preliminary Applica n for ordable- workforce housing unit shall be provided to Collier County Housing nd rants Section as shown in Appendix 8, Exhibit A, attached to this Agreement a P:%CPWln\Hlstory1070529_ 000113040.07 Page 3 of 32 U 178 f orporated by reference herein, (b) Income Verification and Certification, No affordable - workforce sing unit in a development shall be sold whose household Income has not be verified and cerfifl in accordance with this Agreement and LDC § 2,06,05, (c) co a yerifiggtion, The Developer shall obtain writte erification from the potential occ nt (including the entire household) to verify egular sources of Income (including th ntire household), The most recent ye s federal income tax return for the potential oc ants (including the entire hous old) may be used for the purpose of Income verificatio attached to the affordabi orkforce housing applicant Income Verification form, inclu g a statement t release information, occupant verification of the return, and a si ture bloc ith the date of application, The verification shall be valid for up to one dre eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the ormation may be verbally updated from the original sources for an additional 30 ys, p ided It has been documented by the person preparing the original verificat , After thi me, a new verification form must be completed. The affordable -w force housing Ap ant income Verification form shall be provided to the Housi and Grants Section as s wn in Appendix S, Exhibit B, attached to this Agreeme and Incorporated by reference ein. (d) I come a cation. UDon rqcelpt of Pr li Application for an affordable- workforce ousing unit and Applicant Income Ver ation form, the Developer shall re ire that an income certification form be execute the potential occupant (Inci ng the entire household) prior to occupancy of th affordable - workforce h sing unit by the occupant. Income certification shall assu that the potential cupant has an appropriate household Income which qualifies the tentlal occupa as an eligible family to occupy an affordable- workforce housing unit and the affor ble- workforce housing density bonus program, The affordable-work fo e H sing Applicant income Certification form shall be provided by the Housing an Page 4 of 32 i -. 176 Nis Section as shown in Appendix B, Exhibit C, Is attached to this Agreement an Incor ated by reference herein. Random spection of files containing required documentation to verify occ ancy in accordance h this Agreement and LDC § 2,06.00, may be conducted by a Housing and Grants Sec upon'reasonable notice, (4) Ann r re sl and mgrLitorIng Report, The Develo shall provide the Housing and Grants S Ion an annual progress and monitori report regarding the delivery of affordable -w orce housing units through the period of their construction and occupancy. a annual progress an onitoring report shall, at a minimum, provide any information aso 2,06,00, or subsequent amendments September 30 of each year and the rer Housing and Grants Section. Failure to the Housing and Grants Section within s require insure compliance with LDC § Th report shall be filed on or before e submitted by the Developer to the to and submit the monitoring report to 0) ys from the due date shall result In a penalty of up to fifty dollars ($50.00 er day unles written extension not to exceed thirty (30) days is requested p ' r to expiration of a sixty (60) day submission deadline, No more than one s h extension may be grant in a single year. (5) c an stri ti ns. No affordable-work f a unit in any building or structure on the Prope shall be occupied by the Developer, a person related to or affiliated with the De oper, or by a resident manager. 3. De Bo us. The Commission hereby acknow ges that the /bonus a et all required conditions to qualify for a density bonu in addition to ldential density of 4.0 units per acre, ( 3.97 units per acre Is sad of the of 4,0 units per acre) and Is therefore granted a density bo s of 3,0 s units per acre, for a total density (total = density bonus units pe cre X ge) of 6.97 unitslac, pursuant to LDC § 2.06,00 The Commission her he Developer may construct thereon, In the aggregate a maximum nu er / P:\rjPWln\Hlstory\070529-0001\3040-07 Page 6 of 32 17B of 207 units on the Property provided the Developer is able to secure building pe it($) m Collier County. 4. Commission Agreement. During the term of this Agr ment, the Comm ion acting through the Financial Administration and Housing partment or its successor covenants and agrees to prepare and make availa to the Developer any general in ation that it possesses regarding Income II tions and restrictions which are applicabl the affordable, workforce, or gap Uni 5. Violatio s d Enforcement a. Vol tlo X It shall be a violati 2.06.00 to sell or occupy, or atte t to sell or occ unit provided under the affordable -w force ho Ini specifically permitted by the terms of th reem misleading information with respect to I rmE Housing and Grants Section or by any her pens delegated to them by LDC § 2.06 Collier Cou power to enforce the terms of thi greement, The r Rrof this Agreement and LDC § , an affordable- workforce housing density bonus program except as nt; or to knowingly give false or ion required or requested by the pursuant to the authority which is r Its designee shall have full �tho enforcement for a breach or violation of this Agreeme shall be at the option of the \Boa n by criminal enforcement pursuant to t provisions of Section 125.68, Fltes, or by civil enforcement as allowed law, b. tics iolati n for Code EnforcemProcegdlnas., Whenever it is d rmined that there is a violation of this Agreement of LDC § 2,06.00, that s id be enforced before the Code Enforcement Board, then otice of Violation sh be issued and sent by the appropriate department by certifle etum- receipt r vested U.S. Mail, or hand - delivery to the person or developer in viol n. The ice of Violation shall comply with the requirements for such Notices. C, Certificate of Occupancy. In the event that the Developer falls to aintain the affordable - workforce units in accordance with this Agreement or LDC § f P, \cPWln \Hlstory \070629_0001\3040.07 Page 0 of 32 .06.00, as amended, at the option of the Commission, building o ccupancy, as applicable, may be withheld for any future appr d unit located or to be located upon the Property until the compilan with this Agreement and with LDC § 2.06,00, as a 178 nits certificates d or otherwise re project is In full 6, si nm nt C m isslon. The Commis n may assign all or part of its obligations un r this Agreement to any other pubs agency having jurisdiction over the Property provide at It gives the Developer t ' y (30) days advance written notice thereof. The Developer not assign, deleg or otherwise transfer all or part of its duties, obligations, or promis under this A eernent to any successor In interest to the Property without the express wri co withheld for any reason whatsoever, promises under this Agreement to ny express written consent of the mml,% fnitlo. nt of the Commission, which consent may be iy attempt to assign the duties, obligations, or oessor in Interest to the Property without the Ion required by this Section shall be void ab 7, S'everabilityl any section, phrase, s tence or portion of this Agreement is for any reason held alid or unconstitutional by a court of competent jurisdiction, such portion shall b deemed a separate, distinct, and ependent provision, and all other provisions s II remain effective and binding on the Pa s. 8, ice. Any notices desired or required to be give nder this Agreement shall be in tang and shall either be personally delivered or sh be sent by mall, postage p paid, to the Parties at the following addresses; To the Commission; To the Developer; P: \OPW In \History\070528_0001 \3040,07 Collier County Housing and Grant? 2800 North Horseshoe Drive Naples, Florida 34104 Alejandro J. Delfino Home Dynamics Naples, LLC 4788 West Commercial Boulevard Tamarac, Florida 33319 Page 7 of 32 178 With copy to; Richard D. Yovanovich Goodlette, Coleman & Johnson, P. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 A Party may change the address to which notices are to b ent by notifying the other rty of such new address In the manner set forth abov g. 71ndemnif Monitor. The Parties hereto nowiedge that the Collier County Finan ration and Housing Depart nt or Its designee, shall have the authority td enforce the Developer' biigations hereunder, 10, he Developer hereb grees to protect, defend, Indemnify and hold Collier County an is officers, a loyees, and agents harmless from and against any and all claims, pe les, ages, losses and expenses, professional fees, Including, without limitation, re able attorney's fees and all costs of litigation and judgments arising out of any aim, Iful misconduct or negligent act, error or omission, or liability of any kind ade by De per, fts agents or employees, arising out of or incidental to the pert ance of this Agree nt. 11. Covenants. a Developer agrees that of Its obligations hereunder shall constitute covenan , restrictions, and conditions whic hall run with the land and shall be binding up the Property and against every p on then having any ownership interest any time and from time to time until this Agr ent is terminated In accordance h Section 14 below, However, the Parties agree t if Developer transfers or c veys the Property to another person or entity, Developer all have no further obil Lion hereunder and any person seeking to enforce the terms h eof shall look sol to Developer's successor In Interest for the performance of said oblig ons. 2, Recordln-% This Agreement shall be recorded at County's expense i e offl I records of Collier County, Florida, 13, Entire greement. The Parties hereto agree that this Agreement P:\CPWInNHlstory\070829„ 000113040.07 Pegs 8 of 32 17B onstitutes the entire Agreement between the Parties hereto and shall Inure to an be bi ng upon their respective heirs, successors, and assigns. TermiT nation. Each affordable, workforce, or gap housing shall be restricted remain and be maintained as the required affordable, wor roe, and gap housing as pr ed In the LDC §2.08.04. 15. o ation This Agreement shall be modified o mended only by the written agreement of b Parties. 16. Dlscri inatio a. The Dev er agrees that her It nor Its agents shall discriminate against any owner or tentlal owner cause of said owners race, color, religion, sex, national origin, familial st s, or h icap. b. When the Develope ertises, sells or maintains the affordable - workforce housing unit, it must adve ' e il, and maintain the same in a non- discriminatory manner and shall mak vailable y relevant information to any person who Is interested in purchasing su affordable -wor rce housing unit. C. The Deve er agrees to be resp sible for payment of any real estate commissions and s for which It Is liable In he purchase and sale of affordable- workforce uni e, a affordable- workforce housing units s II be Intermixed with, and not segregate rom, the market rate dwelling units In the dev pment. f. The square footage, construction and design the affordable, workforce, a gap housing units shall be the same as market rate dw g units in the develop t. All physical amenities In the dwelling units, as described in em number seven of the Developer Application for affordable- workforce housing De ty Bonus shal be the same for market rate units and affordable- workforce uni For d elopments where construction takes place In more than one phase, all ph ical menities as described in item number seven (7) of the Developer Application r P: \CPWIn \History \070629 0001\3040,07 Page 9 of 32 i '� 17B ffordable- Workforce Housing Density Bonus shall be the same in both the rket rate u and the affordable- workforce units in each phase. Units in a sub quent phase may ntain different amenities than units in a previous phase so to as the amenities for mark rate units and affordable, workforce, and gap units ar a same within each phase and p vided that in no event may a market rate unit o ordable- workforce unit In any phase c ain physical amenities less than thos escribed in the Developer Application, 17. Phasin a percentage of affordab workforce housing units to which the Developer has commi for the total dev pment shall be maintained In each phase and shall be construct as part of ach phase of the development on the Property, Developer commits to 2 erce affordable - workforce housing units for this project with 20 percent of the unit each phase built consisting of affordable - workforce units 18. DisclosM_rg, The de toper sh not disclose to persons, other than the potential buyer or lender of t particular a able - workforce housing unit or units, which units In the developm t are designated as rdable- workforce housing units. 10. Consis e This Agreement and a orized development shall be consistent with the G wth Management Plan and Ian development regulations of Collier County that a In effect at the time of development, bsequently adopted laws and policies sha apply to this Agreement and to the develo ent to the extent that they are not I onflict with the number, type of affordable•workfo a housing units and the amoun of affordable- workforce housing density bonus proved for the /Thisgreement Is a distinct and separate agreement from "development a eements" d by Section 163.3220, Fla. Stat., as amended, . Preaaglication. Developer has executed and submitted t the P;IGPW In\HIs1ory1070626_0001\3040.07 Page 10 of 32 l� _ 17B '� t'4 Development Services Department the Developer Application for Affordable -Wor rce using Density Bonus, a copy of which is attached to this Agreement as A endix C an corporated by reference herein. Govgrning_Law. This Agreement shall be governed by d construed in accordanc ith the laws of the State of Florida. 23. he A nce The Parties hereto shat xecute and deliver, In recordable form i ecessary, any and all documents, Ificates, instruments, and agreements which m be reasonably required in or to effectuate the Intent of the Agreement. Such doc ants shall include b not be limited to any document requested by the Develo to exhibit th this Agreement has terminated in accordance with the provisions aragrap 4 above, IN WITNESS WHEREOF, th ies hereto have caused this Agreement to be executed as of thp.,Oay and year firs b e written. ATTEST: BO D OF COUNTY COMMISSIONERS DWIGHT IE. ORQCK, Clerk COIL R COUNTY, FLORIDA RttseS s utyClerk By: J AIRMAN n tm tlhalry Approved a�o form and legal sufficiency: C zc� t ar ' . Student - Stirling tant County Attorney P:\CP W InYlis1ory1070529_0001130A0.07 Page 11 of 32 G� IK STATE OF FLORIDA ) COUNTY OF COLLIER ) DEVELOPER; Home Dynamics of Na les. 4788 West NQrnll Tamarac, r01 c1,1 i Witness By: Printed Name Title: �% /nted y :��. may; ame /•('�SSZ�P.i'3.� cane r 176 The foregoing Agreement horizing Affordable, Wo orce, and Gap Housing Density Bonus And Imposing Cc pants And Restrictions On K Property was acknowledged before me by as ho is _personally nown io�or has produced as identification. ASS m and official scat this___," _ day of \.... Notary 00 ,....•., .. _... 4 1► Mvioi►w My mmission Expires: 07- 22 �i �I� t HDrive: Uw► raaleJandrodeMlno:Oooumea#:MWmcA User DoWleved Atteohmw*RFMED AFFORDABLE HOUS,NO At3REHMCtYr07tle04(IVOLEAN.dou Paye12ot31 i 'I 17B t' EX IBIT LEGAL. DESCRIPTION The subj property being 29.69* acres is located In Section 35 ownship 48 South, Ran 26 East, and is more fully described /RE The north' /2 of south' /2 of the northeast' /4 of 4 of Section 35; plus the south ' /2 the south % of the northwestest'/4, less the west 10 feet and a south '/2 of the south east '/4 of the southwest' /4 of Sectio 35, Township 48 South, , Collier County, Florida. P:\CPWln\Hlstory\070529_9001\3040.07 Paps 13 of 32 �C�1 APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L , provides for calculation of a density pledginffordable- workforce units within their de this Exructions for and the tables with which I bonus project. Exhibit C contains the cur acceptery low, low, workforce, and gap i County 17B ory� for developers ment. Included In calculate the density median Income and households in Collier The affordable -wor ce housing density bo s rating system shall be used to determine the amount of the ordable�workforc ousing density bonuses which may be granted for a development sed on hou old Income level and percentage of affordable, workforce, and gap ho g units I e development. To use the affordable - workforce housing density bonus rat sys , Table A, below, shall be used. Table A shall be reviewed and updated if neces on an annual basis by the Board of County Commissioners or Its designee. First, choose the household I ome lev very low, low, workforce, or gap) of the affordable - workforce housing unit proposed in a development, as shown in Table A. Next, determine the percent of t type of affordab workfarce housing unit(s) proposed in the development compared the total number o elling units in the development. From this determination, T le A will indicate the ximum number of residential dwelling units per gross ac that may be added to the ba density, These addition residential dwelling units per gros acre are the maximum affordable- workforce ousing density bonus (AWHDB) avalla to that development. Developments wit percentages of affordable- workforce housl units which fall in between the per ntages shown on Table A shall receive an ordable- workforce housing density onus equal the lower of the two percentages it lies b een plus 1110th of a residents dwelling unit per gross acre for each additional percent a of affordable - workforce h sing rental units In the development. For example, a dev pment which has 24% Its total residential dwelling units as affordable - workforce hous units, and which In an affordable housing density bonus rating of "four" will receive a ffordable- workfo a housing density bonus (AWHDB) of 4.4 residential dwelling units er gross acre r the development. In no event shall the affordable- workforce housing density bonus exceed eig (8) ailing units per gross acre. P; \CPW In \History\070b29,0001 \3040.07 Page 14 of 32 (1) (2) (3) (4) APPENDIX A. EXHIBIT 8 AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Sum, mare Table Base density NO units per acre. Gross acreage 29, Density Bonus= 3.0 dw ng units per acre ' culated as follows. One density bonus Its per acre f 10% of the units being sold to individuals or flies ear ' g between 81 % and 150% of the MI and two nsity nus units per acre for 10% of the units being sol o dividuals or families earning between 61 % and 80% of I, The total number of units is 20 of whl 21 units will be being sold to individuals or famili earning b een 81 %and 150% of the MI and 21 units I be sold to In ' iduals or families earning between 6 o and 80% of the , The total number of affordable unit or both GAP and Wo force housing is 42 units or 20 of the total number of un . P; \CPW In\History\070529_0001 \3040.07 Page 16 of 32 17B �. 17B APPENDIX A. EXHIBIT B AFFORDABLE WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please Xclp ate you r density bonus In the space provid below. Attach additiones If necessary. MAXIMUM ALLOW E DENSITY BONUS BY P CENT OF DEVELOPMENT DESIGNATED AFFORDABLE -WO ORCE HOUSING Household Product Income 10% 20% % 40% 0% 60% 70% 80% 90% 100% (% median 81 -150% Gap MI* '�* 1 2 3 5 6 6 6 6 n/a (Gap) 61 -80% Workforce MI* 2 3 8 8 8 8 8 8 S 1.60% Low M1 3 6 8 8 8 8 8 8 50% Very Low or less 5 7 8 8 8 8 8 8 8 M1 "owner- occupleq om * *May only be use conjunction with at least 10% at or b Total Maxim/all wable Density = Base Density * Afford Density Bon In no event . maximum gross density allowed excel P:\CPWin\Hlstory\070629_00011304D.07 Page 10 of 32 i; 176 APPENDIX A. EXHIBIT C Pursu Chapter 74, Section 74 -402 (a)(1); Collier County Code of laws d Ordinanc ,moderate income is 61% to 80% of the median income, to come is 51 to 60% oft median income and very low Income Is less than 50% o e median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier Coun UMBER OF MEMBERS IN FAJILY NDED RENNI, RATES The Florida Housing Finance orporation (FHFC) cal ates rents to use In the State Apartment Incentive Loan ( IL) and the Low- Income Fkntal Housing Tax Credit (LIHTC) programs. The r is given below are based on 4X01 data from FHFC. Utility costs are provided from a County's Section 8 Rental Assi nce Program which Is administered by the C ler County Housing Authority, H SING COSTS BASED ON 30% FAMIL\10ME 1 2 3 4 6 ? 150% 73,350 83,700 9 00 104,70 3,10 121,50 129,90 138,15 80% 39,100 44,650 50, 55,850 0,300 64,750 69,250 73,700 80% 29,340 33,480 37,88 41,88 45,240 48,600 51,960 55,280 50% 24,450 27,900 31,400 34, 37,700 40,600 43,300 46,050 35% 17,115 19,530 21,980 30 26,390 28,350 30,310 32,235 25% 12,225 13,950 • 15,700 50 18,650 20,250 21,650 23,026 NDED RENNI, RATES The Florida Housing Finance orporation (FHFC) cal ates rents to use In the State Apartment Incentive Loan ( IL) and the Low- Income Fkntal Housing Tax Credit (LIHTC) programs. The r is given below are based on 4X01 data from FHFC. Utility costs are provided from a County's Section 8 Rental Assi nce Program which Is administered by the C ler County Housing Authority, H SING COSTS BASED ON 30% FAMIL\10ME P ;1CPW In \Hlatory1070028_0001�3040.07 Page 17 of 32 t oc 0 DROOM NIT TWO BEDROOM UNIT THREE BEDROOM UNIT F R BE OOM UNI 150% z $1,961 $2,355 $2,720 $3,034 80% 1046 $1,256 $1451 $1,618 600 / $785 $942 $1089 $1,215 5 /o $854 785 $907 $1,012 % $458 1549 636 $708 5% $327 $392 $453 $506 P ;1CPW In \Hlatory1070028_0001�3040.07 Page 17 of 32 t oc 17B APPENDIX B, EXHIBIT A LIMYNARY APPLICATION FOR AFFORDABLE- WORKFORCE Date upancy Desired: Date of Application: Amt, Of Your Na Race/National Origin: Handica Co- Tenant N e Race/National Origin: Hand' p Present Address: treet City Stale ZZip Telephone No. Name of Landlord _ Landlord's Address: 17B [IOUSI UNIT ec eposit: as No Yes — No at this Address: Street City \adss Zip elephone No. If you have resided at your preseness th an ears, please state previous address; Street City Name of Previous Landlord Zip Telephone No, Street City State Zip APPLICANT: Present Employers Name Address and Telephone How long with Prese mployer:__„_ _____ Job Title Gross Salary: Ho y $ Weekly $ Every 2 Weeks $ Social Security umber Birth Date Previous E oyers Name Address d Telephone No, How 1 g with Previous Employer Job P sent Employers Name Address and Telephone No, How long with Present Employer; Job Title P; \CPWin \History1070528_000113040,07 Page 19 of 32 Telephone No, t (C�l -11 oss Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ So\anclephone mber Birth Date Prrs Name Aphone No. Hevious Employer Job TitlNA ILL OCCUPY APARTMENT BIRTH DATE Sys Q�jF E 1. 3. 1, Name: 3rl Name: Known: P:\CPWin\Hlotory\07052R_0001\3040.07 Page 20 of 32 How Long Known: How Long llB Apply Co -Ten Present APPENDIX BS EXHIBIT B AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME VERIFICAT s Name: Social Security Number Ls Name:: Social Security Number 01 I hereby make ap 'catio: I hereby declare and 'N I am aware that to leave stocks, bonds, real prol Knowingly falsifying int City State for a single family unit at I all of my sources of income, t, omit or fail to report my rent, sale or ownership mat on this form is causeA Zip Telephone No, or forms of income from pensions, fraudulent act punishable by law, refusal of occupancy, I hereby certify that this wi/Amount t esidence and that I have no other assisted housing, I understand that this inforpurpose of computing my annual income to determine my qualification tworkforce, or gap housing unit, I understand that I am not required to su ' or rights or claimed property, pensions or capital gains, etc, A ant Co- Occulmn ount Fro ency Amount Frequency eived of Pa Received of Pay Wages /Salary $ $ — Bonuses $ $.—,....._— $ $ Tips $ $ Commissions $ $ $ Interest Income $ $ $ $� Trust Fund Inc e $ $ $ $ Unemploym $ $ $ $ Workman' ompensation $ $ $ Welfare $ $ $ Food S ps $ $ $ Soci ecurity $ $ $ $ So ' Security Disability $ $ $ $ S piernental SSI $� $ $ $ amily Assistance $ $ $ $ Child Support $ Veterans Benefits $_ $ $ $ P:\C P W I n\Hlato►y\070528_0001 \9040.07 Page 21 of 32 17B 17B Wi ws Benefiis $ $ $ $ Union ension 'el $___�r__ $ $ $ f Em yment Business, Silent Pa r, etc. $ $ $ Private Insur a Pension $ $ $ $ TOTAL ANNUAL COME $ $ THE VERIFICA'T'ION REQUESTED MAY TAKE THE FORM THE MOST RECENT YEAR'S INCOME TAX TURN FOR EACH OCCUPANT W HAS FILED AND WILL OCCUPY THE AFFORDABL WORKFORCE, OR GAP UNIT, THE SAME MUST BE EXECU FOR EACH OCCUP OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNU OUSEHOLD INC O FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME ILL RESULT ISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR G HOUSING P :%CPWln\Hlstory\070529_000113040.07 Paga 22 of 32 APPENDIX B &NHIB1T C AFFOIRDABLE- WORKFORCE HOUSING APPLICANT INCOME CER AP CANT; Presen\EOyer: Job Tit1e� Addres Street I, (Applic t on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknow Who is personally known to me or identification, Witness my hand and off (notary sea]) My Commission P;\CPWln \Hlslory1070629„0001 \3040,07 City hereby authorize by 17B State Zip of information requested Signature of Applicant seal this d%Lof Page 23 of 32 as Notary Public 2007, � „ICJ 17B MPLOYE,R CERTIFICATION Ap ' ant's Gross Annual Income or Rate or Pay: $ Number Hours Worked (Weekly):_. Frequency of Pay: Amount of B ses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) Annually The foregoing was acknowledged ore me bff Who is personally known to me or h rod d as identification. Witness my hand and official seal this day of 12007, (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQ TED MAY TAKE THE FORM THE MOST RECENT YEAR'S INCOME TAX RETURN FOR H OCCUPANT WHO HAS FIL AND WILL OCCUPY THE AFFORDABLE-WORKFORCE P:\CPWln\Hlatory\070528_0001\3040.07 Pago 24 of 32 �O APPENDIX C HOUSING DENSITY BONUS Pursuant LDC § 2.06.01 please complete this form and submit documentati to the Community Development & Environmental Horseshoe Drive, aples, Florida 34104. A copy must also b ro Housing and Grant\29,69acres All items requested 1. Please state s acreage of each; P 2, Has an application for rezoning 1 and gap hou sing Density bonus? X Yes No If yes, state date of application Filed i ' th any accompanying Division, 2800 North to the Collier County are proposed Vthe applicant, if any, on the property and the in conjunction with the affordable, workforce as and if the request has been approved, state th rdinance number 3. Gross density of the pro sed development, 6.9\cTe Gross acreage of the posed development, 29. 4. Are affordable -wo force housing density bonuunction with an application for a plane unit de velopment (PUD)? X If yes, please state a and location of the PUD and aormation. The of applicant I�- 2me DLnamics I pig�g, LLC me of land developer If not the same as Applicant; P, \CPW1n \H18tMW0629 0001 \3040.07 Page 25 of 32 z 178 P:N4PW In\History1070b28„0001 \3040,07 Page 20 of 32 E I Total Number 0 Units in Development f Owner Renta Occupied Efficienc One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE II GAP INCOME 61 -150% MI Efficiency 1 Bedroom 2 Bedroom 3 BedrJ Total Number Affordablc -W force Units in Developm/ ccu i d Proposed Use for Density Bonus Units Owner c ied 10% of approved density if base density is exceeded vux TAL 10% of Wroved density _ All (if base density is exceeded) P:\CP W in \His tory\070529_0001 \3040.07 Page 27 of 32 "Nalm �t C� 1 Bed 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 51 -60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INC( 50% OR LESS MI Efficitncy 1 Bedr Mll P:\rPWln\Histoty\070529_0001\3040.07 Page 28 of 32 17B (C- 7, lease pSj physical description of the affordable - workforce units by type unit (very low inc e, ome, workforce income, gap income) and by number of rooms, include in your d , for example, the square footage of each type of , floor coverings used throughnit (carpeting, tile, vinyl flooring); window treatm s; appliances provided such as wash 'shwasher, stove, refrigerator; bathroom ame ies, such as ceilin g exhaust fans; and any enit as applicable. Attach additional p s as Exhibit "D" if needed, All hom Boxwoo UD, including the homes erved for affordable - workforce income rs, will shar any common featur OUTS1lDE Mediterranean S -Style cement tile roof Brick paver driveway, walkway, pore pati Covered entry Covered patio professionally landscaped, y sodded homesite Stucco exterior with skip owel finish & decorative bands New hurricane code c stmotion Built to now Flora uilding codes Hunicane shutt son all exterior windows & sliding glass doors Raised pane teel garage door, pre -wired for door opener Coach li at garage White ectroplated aluminum window frames with screens 7 itcanel entry door d stucco soffits Weatherproof GFJ electrical outlets Two hose bibbs P; \CP W In \History\070529_0001 \3040,07 Page 20 of 32 Ten year structural warranty ite treated foundation Steel 'nforced concrete foundation INSIDE 13" X 13" Ceramic flooring in kitchen, baths & foyer in choice of c rs Upgraded stain - resistant eting in choice of colors Upgrade 7/16" 6 lb, density p ding High - efficiency central air condit ing & heating system w' programmable thermostat Air conditioned laundry area with cc is flooring & co eniont vinyl she Full size washer & dryer 40 gallon double element, quick recovery, en fici Front door chime Two Panel with inset arch interior doors upgrad Raised panel bi -fold doors on closets Walk -in closets in all master bedroo s with A/C vents Ventilated shelving in all closets Energy- efficient R -19 ceilin sulation Colonial baseboards thro out Smoke detectors Marble window sil water heater All bedrooms ving room pro -wired for cable A11 bodroo iving room & kitchen pro -wired for telephone Pre -wire or ceiling fans in all bedrooms & living room Page 30 of 32 17B latch handle set at entry door, 18 cubic foot frost free refrigerator equipped with iwranker \ofng oven range with four burners ave wit h hood light shwasher e or bisque appliances ble basin kitchen sink Food waste disposa European -style upper ower Pantry for added storage Breakfast area in selected mo 13" x 13" ceramic the flooring BATH Shower stall with clear glass Decorator faucets in all baths Elongated commode in all b 13" x 13" ceramic tile fl in cabinetry with easy -care mJA counter tops in miter bath 6" x 6" ceramic the o a)ls in the wet areas Medicine cabinet ' master baths 42" high mirro n all baths Decorator li ting Mica va with drop -in porcelain sinks in baths ;IipnIcnt, es may vary depending on home selection. Builder reserves the right materials and appliances. Features, specifications, dimensions, prices subject to change without prior notice, PACPWIMHIstory1070529_0001 \3040.07 Page 31 of 32 and • 17B homes reserved for affordable- workforce housing purchasers will be two and corn, two bath units in multi - family buildings. Each home will be owned by All of the \guestsrmn es will have periodic exterior painting provide or by the Boxwood Commun, The monthly homeowner's fee will also co r the cost of basic cable telecommon areas and a community caban ath and pool area, where residents wim or just relax. The monthly fe as not yet been final ly determinpat to be approximately $180 month. 8, please supply any other informati which would r sonably be needed to address this request for an affordable, workforce, and gap ho den ' bonus for this development, Attach additional pages if needed, P; \CPW fn \History\070629_000113040.07 Page 32 of 32 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -53 17B which was adopted by the Board of County Commissioners on the 24th day of September, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of September, 2013. DWIGHT E. BROCK Clerk of Courts Aicd..CM'drk j Ex- officio to .Boar'd of County Commissioners . 7. By Martha Verg ra Deputy Cler