Ordinance 2006-62
ORDINANCE NO. 06- 62
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICA TION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM RURAL
AGRICUL TURE (A) AND PLANNED UNIT DEVELOPMENT
(PUD) AND FOR A PROJECT PREVIOUSLY KNOWN AS THE
OUTDOOR RESORTS OF NAPLES A MOTORCOACH
COUNTRY CLUB PUD, TO RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) FOR A PROJECT TO BE KNOWN AS
THE SUMMIT LAKES RPUD, LOCATED ON IMMOKALEE
ROAD (CR 849) APPROXIMATELY ONE-HALF MILE EAST
OF THE INTERSECTION OF COLLIER BOULEVARD (C.R.
951) AND IMMOKALEE ROAD (C.R. 846), IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 138.3i: ACRES; AND PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 2000-49, THE
OUTDOOR RESORTS OF NAPLES A MOTORCOACH
COUNTRY CLUB PUD, AND BY PROVIDING AN EFFECTIVE
DATE.
7
. .
-'
c., ..._
.,
WHEREAS, Dwight H. Nadeau, ofRWA, Inc., and Richard D. Yovanovich,ofGob4Iette,
Coleman and Johnson, P.A., representing Waterways Joint Venture V, petitioned the Board of
County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property described in the RPUD Document located in
Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) and Rural Agricultural (A) to Residential Planned Unit Development
(RPUD) for a project known as the Summit Lakes RPUD in accordance with the Summit Lakes
RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
appropriate Official Zoning Atlas Map or Maps, as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-49, known as The Outdoor Resorts of Naples a Motorcoach
Country Club PUD, adopted on June 27,2000 by the Board of County Commissioners of Collier
County, Florida, is her~by repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 1 of 2
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this l?:th day of 0e~Jt.a.frer' ,2006.
ATTEST:
DWIGHTE.: ~~OCK, CLERK
./", ,j,:_..,.
-~<'Mt .
~~4'~ i6la-
, . -, , /,', Y;';lI,{l9.iiJIt" Clerk
~- -'f",'~ ,,,ij:' -to-. '~~A';.......;:
Approved as to form
and legal sufficiency
''1n r~ 1 I '7Jl, {j;tud.e-/J.f j)t.t1-.[t..,y~
Matj eM. Student-StIrlmg 0
Assistant County Attorney
Attachment: Exhibit "A"-PUD document
PUDZ-2003-AR -4988/KD/lo
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, F~~
This ordinance filed with the
Secretory of State's Office the
2..\ dayof ~.( 2t:a~
and acknowledgemen! oJ1that
filin received this --2L- day
of '( '7..cC:'::t 'l:c
y
Page 2 of 2
SUMMIT LAKES RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING SUMMIT LAKES RPUD,
A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
W A TERW A YS JOINT VENTURE V
14627 COLLIER BOULEVARD
NAPLES, FLORIDA 34120
PREPARED BY:
J1WrA~c.
CONSULTING
........ y ...L .....
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
and
GOODLETTE COLEMAN & JOHNSON, P.A.
4001 T AMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA 34103
DA TE REVIEWED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
10/19/06
12/13/06
06-62
Exhibit "A"
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TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section I Property Ownership and Legal Description
Section II
Section III
Section IV
Section V
Section VI
11
Project Development Requirements
Residential Development Standards
Recreation Area
Preserve Area
Development Commitments
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II-I
III-l
IV-l
V-I
VI-l
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LIST OF EXHIBITS. TABLES AND APPENDICES
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "c"
EXHIBIT "D"
RPUD MASTER PLAN
BOUNDARY SURVEY
VICINITY MAP
TYPICAL CROSS SECTIONS
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STATEMENT OF COMPLIANCE
The development of approximately 138.3 acres of property in Collier County, Florida as a
residential planned unit development to be known as the Summit Lakes RPUD will be in
compliance with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The residential uses and recreational facilities of the Summit Lakes
RPUD are consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives of each of the elements of the GMP for the following
reasons:
1. The subject property is within the Urban Mixed Use District/Urban Residential Sub-
district as identified on the Future Land Use Map as provided for in Objective 1 of the
Future Land Use Element (FLUE), and the uses contemplated are consistent therewith.
2. The project is proposed to be a residential development. The project will provide
"workforce" and "gap" housing as set forth below and shall be implemented through the
provisions of the Land Development Code (LDC) and the companion Agreement
Authorizing Affordable-Workforce Housing Density Bonus and imposing Covenants and
Restrictions on Real Property ("Density Bonus Agreement"). to provide the three (3)
dwelling unit per acre density bonus. The proposed density of the Summit Lakes RPUD
is 7.0 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1. of the
FLUE.
3. The project implements Objective 1 of the Housing Element by providing additional
owner occupied work force (61-80% of median income) dwelling units, as defined in the
LDC, within the proposed master planned development;
4. The project furthers the intent of Policy 1.4 of the Housing Element by providing the
recently recognized owner occupied gap (81-150% of median income) housing in an area
where planned infrastructure and services will be available;
5. The project implements Policy 2.9 of the Housing Element by providing affordable-
workforce housing in accordance with a Density Bonus Agreement.
6. The development of the Summit Lakes RPUD will result in an efficient and economical
extension of community facilities and services as required in Objective 3 of the FLUE.
7. The Summit Lakes RPUD implements Policy 5.6 of the FLUE in that more than 60% of
the project will provide useable open space, or lands reserved for conservation purposes.
8. The native vegetation provisions of the Summit Lakes RPUD implements Policy 6.1.1 of
the Conservation and Coastal Management Element in that native preserves will be
incorporated into the project design.
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9. The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its moderate residential density, will insure that the developed project will
be an attractive and enjoyable residential development.
10. By virtue that the project must comply with the concurrency provisions of the LDC, it
will implement, and further Objective 8 of the Transportation Element.
11. The proposed RPUD implements Objective 7 of the FLUE in that the proposed project
interconnects with Woodcrest Drive to the east. Vehicular and pedestrian
interconnection to the south and a portion of the west are prohibited given the built-out
subdivisions on those adjoining lands. However, an interconnection to the agriculturally
zoned plant nursery to the west may be appropriate in the future should conditions allow,
and the site is proposed for rezoning and development. External interconnection to the
parcel of land lying northeast of the project has been provided for as depicted on the
RPUD Master Plan.
1ll
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property and to
describe the existing conditions of the property proposed to be developed under the project
name of the Summit Lakes RPUD.
1.2 LEGAL DESCRIPTION
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26
S.0201T02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS
BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FIVE (5)
DESCRIBED COURSES:
(1) THENCE S.89058'17"E., A DISTANCE OF 398.07 FEET;
(2) THENCE S.0201T42"E., A DISTANCE OF 11.01 FEET;
(3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET;
(4) THENCE N.0201T42"W., A DISTANCE OF 11.01 FEET;
(5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE
EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 26;
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT -OF- WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO
(2) DESCRIBED COURSES:
(1) THENCE S.02018'21 "E., A DISTANCE OF 28.93 FEET;
(2) THENCE S.89058'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A
DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST
1/2;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET
OF SAID SECTION 26, S.89059'07"E., A DISTANCE OF 660.42 FEET, TO THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
1- ]
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SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE OF
1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-OF-
WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK
642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
N89059'47"W., A DISTANCE OF 30.02 FEET;
THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
S.02019'40"E., A DISTANCE OF 267.57 FEET;
THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
S.89059'57"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E., A
DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH 1/2
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.89059'40"W, A
DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL LAKE
RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83
THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE
FOUR, N.02018'18"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER
OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT
PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'55"W., A
DISTANCE OF 286.14 FEET;
THENCE N.89059'21 "W., A DISTANCE OF 660.44 FEET;
THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET;
THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET;
THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET;
THENCE S.89058'59"W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26,
N.020 17'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 26,
THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.89058'36"W., A DISTANCE
OF 528.56 FEET,
THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH
1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.02016'13"W.,
A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE SOUTH RlGHT-OF-
WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846).
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THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FOUR (4)
DESCRIBED COURSES:
(1) THENCE S.89058'16"E., A DISTANCE OF 196.59 FEET;
(2) THENCE S.00oOI'44"W., A DISTANCE OF 21.00 FEET;
(3) THENCE S.890S8'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
(4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 138.3 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Waterways Joint Venture V (Folio: 00192280000, 00192000002, 00192160007,
00192320009, 00192040004, 00191920002, 00192880002, 00192200006, 00193080005,
and 00192080006)
1.4 DEVELOPER
The Summit Lakes RPUD is intended to be developed by Waterways Joint Venture V. All
references to the "developer" as may be contained in this RPUD Document shall mean
Waterways Joint Venture V, unless, and until the subject property described and depicted in
this RPUD Document is sold to other individuals or entities. It is the responsibility of
Waterways Joint Venture V to notify Collier County, in writing, of conveyances, of the
subject property described and depicted in this RPUD Document within six months from the
actual conveyance.
1.5 PHYSICAL DESCRIPTION
The property is located in the northwest half of Section 26, Township 48 South, Range 26
East, Collier County, Florida. More than ninety-seven percent of the proposed project site is
undeveloped. There is one single-family residence, and accessory structures located on a
small portion of the property in the southeast comer. A former driving range exists on the
northwest comer of the project. Historically, timbering and cattle grazing have occurred on
the property. The property is generally without topographic relief, with elevations ranging
from 13.3 to 14.8 feet above mean sea level.
The water management system consists of approximately 17.8 acres of open space that will
receive run-off from structures and parking areas. Run-off shall be collected by catch basins
and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts,
with project outfall being at the project's northwest corner of the 951 Canal. Allowable
discharge rates shall be in accordance with applicable County ordinances.
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1.6 PROJECT DESCRIPTION
The Summit Lakes RPUD shall be a residential development that includes 968 residential
housing units in accordance with a companion Density Bonus Agreement. See Section 6.6.
of this RPUD Document. The amenities proposed as developer commitments to be provided
in the project include structures (clubhouse, pool, etc.), and areas (interior within the
clubhouse, and swimming pool and tennis facilities), to provide social and recreational
space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves)
and active recreational opportunities. Access to the property shall be from two points on
Immokalee Road and one location on Woodcrest Drive located on the east property line of
the project. The development intent is to complete the subdivision in a single phase with
construction commencing in the fourth quarter of 2007. Project build-out is anticipated to
occur in 2010, or sooner, based on market demand.
The westerly access location on Immokalee Road, and proposed County roadway
improvements were agreed to in a Stipulated Final Judgment (Case No. 03-0519-CA).
Each residential unit shall be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services shall be provided as deemed appropriate.
The developer of the Summit Lakes RPUD recognizes the need for interconnections
between neighboring properties/developments. The developer of the Summit Lakes RPUD
is intending to provide access via an encumbered portion of Woodcrest Drive, as well as
limited acceptance of "treated" storm water, and connections for potable water and sanitary
sewer utilities to the neighboring property to the south owned by Habitat For Humanity of
Collier County, Inc. Commitments for the provision of access and infrastructure will be
formalized through an agreement between the two property owners, and will be provided to
the County.
1. 7 SHORT TITLE
This Ordinance shall be known and cited as the "Summit Lakes Residential Planned Unit
Development Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
Summit Lakes RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Summit Lakes RPUD shall be in accordance
with the contents of this Document, the RPUD-Residential Planned Unit
Development District, and other applicable sections and parts of the LDC in effect at
the time of the application for the type of development order to which the regulations
relate. Where these RPUD regulations fail to provide developmental standards, then
the provisions of the most similar district of the LDC shall apply.
B. This RPUD Document and RPUD Master Plan are tailored to provide specific
development standards for the residential product proposed by the developer.
C. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit application.
D. All conditions imposed and all graphic material presented depicting restrictions for
the development of the Summit Lakes RPUD shall become part of the regulations
that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or exempted through the approval of a deviation stated
herein, the provisions of other sections of the LDC, where applicable, remain in full
force and effect with respect to the development of the land that comprises this
RPUD.
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2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and uses of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TRACT "R"
TYPE
RESIDENTIAL
UNITS/FT.
968
ACREAGEi:
110.7
TRACT "RA"
RECREATION AREA
o
3.9
TRACT "P"
PRESERVE
o
968
23.7
138.3
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of final plat or site development plan
approval, subject to the provisions of the LDC, or as otherwise permitted by this
RPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 968 residential dwelling units may be constructed on the total project area.
The gross project area is approximately 138.3 acres. The gross project density, therefore,
will be a maximum of7.0 dwelling units per acre.
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2.5 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation
from Section 6.06.01(0) of the LDC for local streets, and LDC Appendix B-2 and B-
3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design
Requirements for Subdivisions C.13.e. of the Administrative Code for Collier
County Construction Standards Manual adopted through Ordinance Number 2004-
66. Typical Street Section, B-4 and B-5 which requires 60 foot of right-of-way (See
Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The
rights-of-way shall be private, and shall be classified as local streets.
B. Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
C. Tangents between reverse curves are not required for any local street design in this
RPUD. A deviation from Section III Exhibit "A", Design Requirements for
Subdivisions C.l3.e. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance Number 2004-66.
2.6 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Document or RPUD Master
Development Plan, Exhibit "A", as provided for in the LDC. Minor changes and
refinements as described in Section 6.3.C. of this RPUD Document may be made in
connection with any type of development or permit application required by the LDC.
2.7 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Summit Lakes RPUD.
B Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of .of the LDC. However, the Summit Lakes RPUD may have one model
home representing each type of residential product. The number of model homes
may exceed five, but shall not exceed a total of sixteen. A deviation from LDC
Section 5.04.04.B.5.c. that limits the total number of model homes in a single
development to five.
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C. The existing single-family principal structure may be used for a temporary sales
center, and construction operation/management offices, and may be served by the
existing well and septic systems. Such use of the existing single-family structure
shall be in compliance with all applicable federal, state and local laws and permitting
procedures.
D. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
E. A portion (no more than 1/3 of the gross floor area, not to exceed 2500 square feet),
of the clubhouse facilities may be used as a permanent sales facility to be utilized to
market residential products, including the re-sale of residences within the boundaries
of the Summit Lakes RPUD.
2.8 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may be
approved subsequent to zoning approval. SDP application(s) for the clubhouse and related
facilities may be submitted concurrently with applications for improvement plans to depict
the location of the clubhouse and related facilities within a future platted tract. If access,
drainage and utilities are available to serve the clubhouse facilities, the SDP may be
approved before the improvement plans for the subdivision are approved. The clubhouse
and related facilities shall be located on a tract that will be platted.
2.9 EXISTING STRUCTURES
The existing principal structure within the RPUD boundaries may be retained, and utilized
for temporary uses as set forth in Section 2.7 of this RPUD Document. The existing
structure may be retained through the construction and platting phases of the development.
2.10 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Summit Lakes RPUD requires a permit from a
local, state, or federal agency with jurisdiction over the property proposed for development,
the developer shall obtain such permits prior to final development order approval.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the Conservation and Coastal Management Element of the GMP, and the LDC;
a minimum of 23.60 acres are required to be retained or replanted.
Native vegetation areas shall not include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
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The RPUD Master Plan depicts two Preserve Areas that shall be platted as a Native Preserve
Tracts. The 23.7-acre Preserve Area depicted shall consist of native vegetation.
Approximately 1.47 acres of the proposed preserve will be recreated native habitat.
Native preserves shall have an average fifty-foot (50') width, with no less than twenty feet
(20'). The design, area, and configuration of the native preserves may be modified from the
depiction on the RPUD Master Plan. However, the remaining native preserves shall not be
decreased below 23.6 acres in total area.
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SECTION In
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Residential development
and supporting infrastructure, perimeter land use buffers, as well as signage shall occur
within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 968 dwelling units.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence).
2) Single-family detached dwellings.
3) Multi-family dwellings including mid-rise, coach home and garden
apartments.
4) Project sales and administrative offices, which may occur in residential,
and/or in temporary buildings (See Section 2.7 of this RPUD Document).
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools, with or without screened enclosures, and other outdoor
recreation facilities:
Model homes (See Section 2.7 of this RPUD Document).
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3.4 DEVELOPMENT STANDARDS
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.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE- SINGLE- MULTI- CLUBHOUSE/
STANDARDS F AMIL Y F AMIL Y F AMIL Y RECREATION
DETACHED ATTACHED
TOWNHOUSE
PRINCIPAL STRUCTURES1,2.3,4
MINIMUM LOT AREA 2,250 S.F. 1,250 S.F. 1 ACRE 10,000 S.F.
MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 SF N/A
MINIMUM FRONT YARD 20 FEET 20 FEET 20 FEET N/A
MINIMUM SIDE YARD 7.5 FEET o FEET or 15 FEET or N/A
6 FEET Yz BH
MINIMUM REAR YARD 15 FEET 15 FEET 20 FEET N/A
MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MINIMUM DIST.
BETWEEN STRUCTURES 15 FEET >20' or >20' or N/A
YzBH YzBH
MAXIMUM BLDG. HT.5
NOT TO EXCEED 35 FEET 40 FEET 45 FEET 35 FEET
ACCESSORY STRUCTURES I. 2,3,4
FRONT S.P.S. S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S S.P.S. YzBH
REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 10 FEET
(DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MINIMUM DIST.
BETWEEN STRUCTURES 15 FEET 12 FEET 15 FEET or 15 FEET or
Yz BH Yz BH
MAXIMUM BLDG. HT.
NOT TO EXCEED 35 FEET 40 FEET 35 FEET 35 FEET
S.P.S.: Same as Principal Structures
BH: Zoning Building Height
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Notes:
1) The location of structures proposed acljacent to a lake may have no setback from the
lake maintenance easement; however, no structures are permitted in the required, 20-
foot lake maintenance easement.
2) For all residential units, garages shall be located a minimum of 23 feet from the back of
the sidewalk closest to the garage, except for side load garages, wherein a parking area
23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being
parked across a portion, or all of the referenced sidewalk.
3) All residential principal structures shall maintain a minimum 85 foot setback from the
back of the curb of the travel lanes on lmmokalee Road in its 6-lane configuration
4) Firewall protrusions into required yards are permitted up to three (3') feet.
5) Entrancefeatures (i.e.: clock towers and colonnades) shall be limited in height to no
greater than 50 feet, and shall be permitted associated with the proposed privacy/sound
barrier on the north property boundary.
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SECTION IV
RECREA TION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Structures intended to provide social and recreational areas.
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features.
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at the
time of the request for such use.
B. Accessory Uses:
1) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance,
storage or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
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. Development standards for Tract RA are contained in Table II in
this Document. There shall be a minimum 20-foot separation between recreational
building(s) from all residential units.
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SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose
of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Nature preserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by the appropriate permitting agencies.
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.'""._...____"'..........-.-.-.."..-' . 'i.1lI ".,pr --.._..........--.'..-.
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final
subdivision plats (if required), and all applicable state and local laws, codes, and regulations
applicable to this RPUD. The developer, its successors and assigns, shall be responsible for
the commitments outlined in this Document.
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD Document, as adopted, and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successors or assignee
in title to the developer, are bound by any commitments within this Document. These
commitments may be assigned or delegated to a condominium! homeowners' association to
be created by the developer. Upon assignment or delegation, the developer shall be released
from responsibility for the commitments. Which commitments will be enforced through
provisions agreed to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions must be enforceable by lot owners against the
development its, successors, and assigns, regardless of turnover or not to any property or
homeowners' association.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase, such as final platting or site development plan
application.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
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6.4 SCHEDULE OF DEVELOPMENT
The development intent is to complete the subdivision in a single phase with construction
commencing in the fourth quarter of 2007, Project build-out is anticipated to occur in 20 I 0,
or sooner, based on market demand.
6.5 TRANSPORT A TION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All traffic control devices, 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. All other improvements shall be consistent with and as required by the LDC.
B. 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).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County Transportation Staff, shall not be eligible for impact
fee credits. All required improvements shall be in place and available to the public
prior to the commencement of construction.
D. Road impact fees shall be paid in accordance with, applicable County ordinances,
except as may be modified by the Developer's Contribution Agreement for Summit
Lakes.
E. All work within Collier County rights-of-way, or public easements, shall require a
right-of-way permit.
F. Notwithstanding Case No. 03-0519-CA, all proposed median opening locations shall
be in accordance with the Collier County Access Management Policy (Resolution
No. 01-247), as it may be amended, and the LDC, as it may be amended. The
County reserves the right to modify or close any median opening existing at the time
of approval of this RPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited
to, safety, operational circulation, and roadway capacity.
G. Notwithstanding Case No. 03-0519-CA, nothing in any development order shall vest
a right of access in excess of a right-inJright-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.
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H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. The County shall have no responsibility for maintenance of any such
facilities.
1. Notwithstanding Case No. 03-05l9-CA, if any required turn lane improvement
requires the use of existing County rights-of-way or easements, then compensating
right-of-way shall be provided without cost to the County as a consequence of such
improvement.
J. If, in the opinion of Collier County Transportation Staff, a traffic signal, or other
traffic control device, sign or pavement marking improvement within a public right-
of-way, or any easement, is determined to be necessary, then the cost of such
improvement shall be borne by the developer and shall be paid to the County before
the issuance of the first CO.
K. Payment in lieu of sidewalks and bike lanes for Immokalee Road frontage shall be
required. The amount shall be determined using FDOT's 2004 Transportation Costs,
as amended. Payment shall be required within 30 days of approval of zoning
petition by the Board of County Commissioners, unless and appeal is filed.
L. Any noise wall, or noise abatement facilities, or structures shall be the sole
responsibility of the developer.
M. Upon being warranted by the County, the developer shall provide a fair share
contribution toward the installation and maintenance of a traffic signal at the
intersection of W oodcrest Drive and Immokalee Road.
N. The developer shall accept 5.9 acres of storm water from the proposed W oodcrest
Drive improvements.
O. In order to prioritize the through movement on Woodcrest Drive, both right and left
turn lanes shall be required for the project access point and compensating right-of-
way shall be provided without cost to the County upon plat or site development plan
approval.
P. An interconnection to the agriculturally zoned plant nursery to the west of the project
may be appropriate in the future should conditions allow. Therefore, a potential
interconnection has been provided for on the RPUD Master Plan. A shared access
point with the Agricultural Zoned undeveloped parcel at the northeast corner of the
project is appropriate. The developer shall design and construct the shared access
with the appropriate development order application. Any necessary easements will
also be dedicated with the development order.
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Q. The developer shall build a local road cross-section on Woodcrest Drive from
Immokalee Road to the southern boundary of the proposed Woodcrest RPUD.
1) If the right-of-way for the entire road is not available, the developer shall
construct the portion that has sufficient right-of-way. Where the right-of-way
is not available, the developer shall pay in lieu of construction within 30 days
of the right-of-way permit issuance.
2) Should the County approve a developer contribution agreement (DCA), such
agreement shall provide road impact fee credits for the design, construction
and permitting, including environmental mitigation, for the upgrade from a
local road to a minor collector road.
R. The developer shall dedicate to the County, at no cost to the County, and within 90
days of rezone approval, approximately 1.51 acres for W oodcrest Drive right-of-
way. This dedication shall not be eligible for road impact fee credits.
S. The County shall facilitate the developer's SFWMD Letter Modification to excavate
Immokalee Road Pond #2 for fill for the road bed wherein one-half of the generated
fill material will be utilized for the Woodcrest Road project and the remaining
portion may be utilized by the developer.
T. Fill material shall not be delivered to the project during morning and afternoon peak
travel times.
6.6 AFFORDABLE HOUSING
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
If a density of four (4) units per acre is exceeded, the additional density will be constructed
in accordance with the companion Density Bonus Agreement.
A maximum of 968 residential dwelling units may be constructed in the total project area.
This is based on a gross acreage of 138.3 acres and a maximum seven dwelling units per
acre. A density of up to 3.0 dwelling units per acre shall be developed in accordance with
an approved Density Bonus Agreement.
The following limitations and performance standards shall be adhered to:
A. No workforce housing unit, nor gap housing unit (that is subject to the AHDBA), in
the development shall be sold by the developer to those whose household income has
not been verified and certified to be between sixty one to eighty (61-80%) percent,
and between eighty-one to one hundred-fifty (81-150%) percent of the median
family income for Collier County, respectively. Such verification and certification
shall be the responsibility of the developer and shall be made available to the County
Manager, or his designee, for review, upon request.
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B. The developer shall provide potable water and sanitary sewer conveyance facilities
to benefit the Habitat For Humanity of Collier County's Woodcrest RPUD lying
immediately south of Summit Lakes on Woodcrest Drive. The provision of these
utility facilities will provide a cost savings to Habitat for Humanity of Collier
County, Inc. estimated to be approximately $365,000.00.
C. The developer shall contribute $1,000.00 for each market rate unit platted. The
$1,000.00 contribution for each market rate unit platted shall be a credit against any
affordable housing fee adopted by the County which may be applicable to this
project.
D. The developer shall also be entitled to up to a $365,000.00 credit against the
$1,000.00 per market unit contribution requirement provided the actual value of any
such credit is confirmed by an audit of the Clerk of Court and then approved by the
Board of County Commissioners upon staff recommendation. Any such credit shall
be in recognition of the developer's contribution for water, sewer, drainage and road
facilities to Habitat for Humanity of Collier County, Inc. In requesting any such
credit, the developer shall provide any necessary documentation/information to the
Clerk for the audit process.
E. The developer has also committed to provide 100 additional housing units that would
meet the pricing guidelines for "gap" housing. These additional "gap" housing units
shall not be associated with the companion Density Bonus Agreement, and shall not
be subject to the provisions contained therein.
F. The 100 additional "gap" housing units that are not associated with the companion
Density Bonus Agreement shall be titled and sold under a contractual condition that
shall restrict investor/speculator purchase and re-sale of those homes for a period of
two years after contract execution.
6.7 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to the
Engineering Review Services Department for review and approval. No construction
permits shall be issued unless and until Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit shall be required for the proposed lakes in accordance with the
LDC and South Florida Water Management District Rules.
C. The project shall obtain a surface water management permit from the South Florida
Water Management District prior to any site development plan approval.
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6.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project shall be designed, constructed, conveyed, owned, and maintained in
accordance with applicable County ordinances and other applicable County rules and
regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County, and shall be billed by the County
in accordance with the County's established rates.
6.9 ENVIRONMENT AL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and shall be subject to review and approval
by Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be similarly depicted on any plat. Any
instruments, plats, or plans creating conservation areas shall include provisions
imposing protective covenants per, or similar to, those found in Section 704.06,
Florida Statutes.
C. The developer shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission CFFWCC) regarding potential impacts to "listed species". Where
protected species or their habitats are observed on site, a habitat management plan
for those protected species, or their habitats shall be submitted to Environmental
Services Staff for review and approval prior to final site plan/construction plan
approval.
D. The RPUD shall be consistent with the environmental sections of the Collier County
GMP, Conservation and Coastal Management Element and the LDC in effect at the
time of final development order approval.
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0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-] 9-06 (c1ean).doc
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for the clubhouse facilities, the construction
operation/management office and model center. These structures may be constructed after
zoning approval.
6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted throughout the Summit
Lakes RPUD, except in Preserve Areas.
A. Privacy/sound barrier wall height: Privacy/sound barrier walls are proposed on the
Immokalee Road project boundary. The wall is proposed to be located on top of
perimeter berming rather than on existing grade. Deviation from LDC Sections
5.03.02.A.9. and 5.03.02.B. The privacy/sound barrier wall associated with the
Immokalee Road project boundary shall not exceed eight (8') feet. Deviation from
LDC Section 5.03.02.C.1.
B. Landscape plantings associated with the attached single-family residential buildings
shall comply with the LDC.
VI-7
0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc
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This space for recording
AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the 13th day of December, 2006, by and
between Waterways Joint Venture V (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of 968 residential units (the "Units") at a density of 7.0 units per gross acre
on the Property. The gross acreage of Property is 138.3 acres. If the density on the
Property is maximized, the number of affordable-workforce housing units constructed
by Developer shall be 200 of 968 units, representing 21 percent of the total number of
residential Units approved in the development. The total number off affordable-
workforce housing units will be based on the number of bonus units constructed. Forty
eight and nineteen hundredths percent (48.19%) percent of the constructed bonus units
(Revised 9/20/06)
Page 1 of 33
will be affordable-workforce housing, of which half of the affordable-workforce housing
units will be gap units and half will be workforce units.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) 9 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 415 Bonus Units on the Property, if the Developer
agrees to construct affordable-workforce, and gap units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 3.0 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Aqreements. The Developer hereby agrees that he shall
construct 24.095% of the Bonus Units as workforce units and 24.095% of the Bonus
Units as gap units, not to exceed 21 % of the constructed residential density as
affordable-workforce housing units, which units shall be sold in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendices A
& B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by
reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
(Revised 9/20/06)
Page 2 of 33
and gap Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LOG or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LOG 9 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
G, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eliaibilitv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable, workforce, and gap
housing density bonus program prior to being qualified at the appropriate level of
income (very low, low, workforce, or gap income) in accordance with this Section; 3)
certification of eligible Owner by the Financial Administration and Housing Department.
(Revised 9/20/06)
Page 3 of 33
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable,
workforce, and gap units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the Financial
Administration and Housing Department. Qualification by the Developer of any persons
as an eligible Owner family shall be subject to review and approval in accordance with
the monitoring and enforcement program in LDC 99 2.06.05 and 2.06.06, respectively.
The Developer and Commission acknowledge and agree that once the
developer has delivered all affordable, workforce, and gap units contemplated under
this Agreement to approved purchasers, the Developer shall no longer be required to
provide progress and monitoring reports, and shall no longer be liable for enforcement
action under this Agreement.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a very low, low, workforce, or gap income family for the
purpose of owning and occupying an affordable-workforce housing unit pursuant to the
affordable-workforce housing density bonus program. The Preliminary Application for
affordable-workforce housing unit shall be provided to Collier County Housing and
Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and
incorporated by reference herein.
(b) Income Verification and Certification. No affordable-workforce housing
unit in the development shall be sold whose household income has not been verified
and certified in accordance with this Agreement and LDC 9 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
(Revised 9/20/06)
Page 4 of 33
purpose of income verification, attached to the affordable-workforce housing applicant
Income Verification form, including a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
verification shall be valid for up to one hundred eighty (180) days prior to occupancy.
Upon expiration of the 180 day period, the information may be verbally updated from
the original sources for an additional 30 days, provided it has been documented by the
person preparing the original verification. After this time, a new verification form must
be completed. The affordable-workforce housing Applicant Income Verification form
shall be provided to the Housing and Grants Section as shown in Appendix 8, Exhibit
8, attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for an
affordable-workforce housing unit and Applicant Income Verification form, the
Developer shall require that an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable-
workforce housing unit by the occupant. Income certification shall assure that the
potential occupant has an appropriate household income which qualifies the potential
occupant as an eligible family to occupy an affordable-workforce housing unit under the
affordable-workforce housing density bonus program. The affordable-workforce
Housing Applicant Income Certification form shall be provided by the Housing and
Grants Section as shown in Appendix 8, Exhibit C, is attached to this Agreement and is
incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC ~ 2.06.00, may be conducted
by the Housing and Grants Section upon reasonable notice.
(4) Annual Proaress and MonitorinQ Report. The Developer shall provide the
Housing and Grants Section an annual progress and monitoring report regarding the
(Revised 9/20/06)
Page 5 of 33
delivery of affordable-workforce housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC 9
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Housing and Grants Section. Failure to complete and submit the monitoring report to
the Housing and Grants Section within sixty (60) days from the due date shall result in a
penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed
thirty (30) days is requested prior to expiration of the sixty (60) day submission
deadline. No more than one such extension may be granted in a single year.
(5) Occupancy Restrictions. No affordable-workforce unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or
affiliated with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 4.0 units per acre, and is therefore granted a density
bonus of 3.0 density bonus units per acre, for a total density (total = density bonus units
per acre X gross acreage) of 7.0 units/ac, pursuant to LDC 9 2.06.00 The Commission
further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 968 units on the Property provided the Developer is able to secure building
permit(s) from Collier County.
4. Commission Aareement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable, workforce, or gap Unit.
(Revised 9/20/06)
Page 6 of 33
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC 9
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce housing
unit provided under the affordable-workforce housing density bonus program except as
specifically permitted by the terms of this Agreement; or to knowingly give false or
misleading information with respect to any information required or requested by the
Housing and Grants Section or by any other persons pursuant to the authority which is
delegated to them by LDC 9 2.06.00. Collier County or its designee shall have full
power to enforce the terms of this Agreement. The method of enforcement for a breach
or violation of this Agreement shall be at the option of the Commission by criminal
enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinas.
Whenever it is determined that there is a violation of this Agreement or of LDC 9
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable-workforce units in accordance with this Agreement or LDC 9
2.06.00, as amended, at the option of the Commission, building permits or certificates
of occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC 9 2.06.00, as amended.
6. Assianment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
(Revised 9/20/06)
Page 7 of 33
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Housing and Grants Section
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Waterways Joint Venture V
15122 Summit Place Circle
Naples, Florida 34119
With copy to:
Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
(Revised 9/20/06)
Page 8 of 33
Any Party may change the address to which notices are to be sent by notifying the
other Party of such new address in the manner set forth above.
9. Authority to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recordina. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aareement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable, workforce, or gap housing unit shall be
(Revised 9/20/06)
Page 9 of 33
restricted to remain and be maintained as the required affordable, workforce, and gap
housing as provided in the LDC 92.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable-
workforce housing unit, it must advertise sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable-workforce housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of
affordable-workforce units.
e. The affordable-workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and gap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable-workforce housing Density Bonus
shall be the same for market rate units and affordable-workforce units. For
developments where construction takes place in more than one phase, all physical
amenities as described in item number seven (7) of the Developer Application for
Affordable-Workforce Housing Density Bonus shall be the same in both the market rate
units and the affordable-workforce units in each phase. Units in a subsequent phase
(Revised 9/20/06)
Page 10 of 33
may contain different amenities than units in a previous phase so long as the amenities
for market rate units and affordable, workforce, and gap units are the same within each
phase and provided that in no event may a market rate unit or affordable-workforce unit
in any phase contain physical amenities less than those described in the Developer
Application.
17. PhasinQ. The percentage of affordable-workforce housing units to which
the Developer has committed for the total development shall be maintained in each
phase and shall be constructed as part of each phase of the development on the
Property. Developer commits to 24.095% of the Bonus Units being gap units and
24.095% of the Bonus Units as workforce units in each phase of the development of
the Property.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable-workforce housing unit or units,
which units in the development are designated as affordable-workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable-workforce housing units and
the amount of affordable-workforce housing density bonus approved for the
development.
20. Affordable-Workforce HousinQ Density Bonus Development AQreement.
This Agreement is a distinct and separate agreement from "development agreements"
as defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable-Workforce
(Revised 9/20/06)
Page 11 of 33
Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C
and incorporated by reference herein.
22. Governina Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
A TTESTt. ,.
OWIGHT E. -BROCK, Clerk
~. .~.'" . '.'(~.~
. . ~..~ .'- ~_.
;""~:."...:: :'.~ t~ Ch41~~tyClerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By: . FRANK HALAS, H rAN
Approved as to form and legal sufficiency:
-m~P1J'~ -~
Assistan ounty Attorney
(Revised 9/20/06)
Page 12 of 33
DEVELOPER: Waterways Joint Venture V
15122 Summit Place Circle
Naples, Florida 34119
Witnesses:
c1;4~b 6dMt14t#,V
By:
~~
Witness \
c:J56d Name 11\<-0'-"- &A.......W..'/
Witne~
Printed Name fact,! LtJ-fh;
~'cW.2.t:> 'I>~~~.pDe-r
By:
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density
Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged
before me by Richard Davenport as President of Waterways Development Inc.. as
General Partner of Waterways at Hibiscus. Ltd.. as General Partner of Waterways Joint
Venture V, who is personally known to me or has produced
as identification.
WITNESS my hand and official seal this
16111 day of btc.UYlbDJL
2006.
~~
My Commission EXPires:cJ.u.t'lL W t 2D [0
(Revised 9/20/06)
Page 13 of 33
EXHIBIT A
LEGAL DESCRIPTION
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
26 S.02017'02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY
OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL
RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FIVE (5)
DESCRIBED COURSES:
(1) THENCE S.890S8'17"E., A DISTANCE OF 398.07 FEET;
(2) THENCE S.02017'42"E., A DISTANCE OF 11.01 FEET;
(3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET;
(4) THENCE N.02017'42"W., A DISTANCE OF 11.01 FEET;
(5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE
EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 26;
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING
TWO (2) DESCRIBED COURSES:
(1) THENCE S.02018'21 "E., A DISTANCE OF 28.93 FEET;
(2) THENCE S.890S8'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A
DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID
WEST 1/2;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57
FEET OF SAID SECTION 26, S.890S9'07"E., A DISTANCE OF 660.42 FEET, TO THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE
OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-
OF- WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS
BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-
WAY, N890S9'47"W., A DISTANCE OF 30.02 FEET;
(Revised 9/20/06)
Page 14 of 33
THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT -OF-
WAY, S.02019'40"E., A DISTANCE OF 267.57 FEET;
THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-
WAY, S.890S9'S7"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF
SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E., A
DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH
1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 26;
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.890S9'40"W, A
DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL
LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83
THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT
PHASE FOUR, N.02018'18"W. A DISTANCE OF 668.59 FEET, TO THE
NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV
RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'5S"W.,
A DISTANCE OF 286.14 FEET;
THENCE N.890S9'21"W., A DISTANCE OF 660.44 FEET;
THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET;
THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET;
THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET;
THENCE S.890S8'S9"W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
26, N.02017'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 26,
THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.890S8'36"W.,
A DISTANCE OF 528.56 FEET,
THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH
1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
N.02016'13"W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE
SOUTH RIGHT-OF-WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846).
THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FOUR
(4) DESCRIBED COURSES:
(1) THENCE S.890S8'16"E., A DISTANCE OF 196.59 FEET;
(2) THENCE S.00oOl'44"W., A DISTANCE OF 21.00 FEET;
(3) THENCE S.890S8'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
(4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF
(Revised 9/20/06)
Page 15 of 33
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 138.3 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT.
(Revised 9/20/06)
Page 16 of 33
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE-WORKFORCE
HOUSING UNITSIMONTHL Y BASE RENTS
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
WORKFORCE INCOME
(61-80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(Revised 9/20/06)
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
100 of 968 units
or 24.095% of approved bonus units above base density
24.095% of approved bonus units above base density
100 of 968 units
or 24.095% of approved bonus units above base density
24.095% of approved bonus units above base density
Page 17 of 33
LOW INCOME
(510/0-60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
(1) Base residential density allowed in this development 4.0 units/acre.
(2) Gross acreage 138.3 .
(3) Maximum number of affordable-workforce housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 415 units.
(4) Gross residential density of this development (including affordable-workforce housing
density bonus units) 7.0 units/acre.
(5) Percentage of affordable-workforce housing units pledged by the developer (as a
percent of the total number units in the development) 21 %.
(Revised 9/20/06)
Page 18 of 33
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC 9 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable-workforce units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for very low, low, workforce,
and gap income households in Collier County.
The affordable-workforce housing density bonus rating system shall be used to determine
the amount of the affordable-workforce housing density bonuses which may be granted for a
development based on household income level and percentage of affordable, workforce, and gap
housing units in the development. To use the affordable-workforce housing density bonus rating
system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an
annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (very low, low, workforce, or gap) of the
affordable-workforce housing unites) proposed in the development, as shown in Table A. Next,
determine the percent of that type of affordable-workforce housing unites) proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table A will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density.
These additional residential dwelling units per gross acre are the maximum affordable-
workforce housing density bonus (A WHDB) available to that development. Developments with
percentages of affordable-workforce housing units which fall in between the percentages shown on
Table A shall receive an affordable-workforce housing density bonus equal the lower of the two
percentages it lies between plus 1I1Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable-workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable-
workforce housing units, and which has an affordable housing density bonus rating of "four" will
receive an affordable-workforce housing density bonus (A WHDB) of 4.4 residential dwelling
units per gross acre for the development.
In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling
units per gross acre.
(Revised 9/20/06)
Page 19 of 33
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
T ABLE A: AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS RATING
MAXIMUM ALLOW ABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% median
81-150%
Gap MI* ** 1 2 3 4 5 6 6 6 6 nla
(Gap)
61-80%
Workforce MI* 2 3 5 8 8 8 8 8 8 8
51-60%
Low MI 3 4 6 8 8 8 8 8 8 8
50%
Very Low or less 4 5 7 8 8 8 8 8 8 8
MI
*Owner-occupied only
**May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordab1e- Workforce Housing Density
Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
(Revised 9/20/06)
Page 20 of 33
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
! ~ ~ ~ ~ ~ 1 ~
150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
150% $1,961 $2,355 $2,720 $3,034
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1 ,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
(Revised 9/20/06)
Page 21 of 33
UTILITY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71. 00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211. 00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
(Revised 9/20/06)
Page 22 of 33
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:
RaceINational Origin: Handicap: Yes _ No_
RaceINational Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
CO-TENANT:
City
State
Zip
Telephone No.
Job Title
Every 2 Weeks $
Birth Date
Monthly $
Job Title
Present Employers Name
(Revised 9/20/06)
Page 23 of 33
Address and Telephone No.
How long with Present Employer:
Job Title
Every 2 Weeks $
Birth Date
Gross Salary: Hourly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Weekly $
Monthly $
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
(Revised 9/20/06)
Page 24 of 33
APPENDIX B. EXmBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
Zip
Telephone No.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable, workforce, or gap housing unit. I understand
that I am not required to surrender my ownership or rights or claimed property, pensions or
capital gains, etc.
Applicant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
(Revised 9/20/06) Page 25 of 33
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICA nON HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT.
(Revised 9/20/06)
Page 26 of 33
APPENDIX B. EXHIBIT C
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2006.
(notary seal)
Notary Public
My Commission Expires:
(Revised 9/20106)
Page 27 of 33
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2006.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE-WORKFORCE UNIT.
(Revised 9/20/06)
Page 28 of 33
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS
Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanymg
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Housing and Grants Section.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; PUD, 138.3 acres
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes _No
If yes, state date of application 10/31/03 and if the request has been approved, state the Ordinance
number N/ A.
3. Gross density ofthe proposed development. 7.0 units/acre.
Gross acreage of the proposed development. 138 acres.
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifying information. Summit
Lakes RPUD. located in the northwest half of Section 26, Township 48 South. Range 26 East.
apvroximate1v 12 mile east of the intersection of Collier Boulevard (CR-951 ). and Immokalee Road
(CR-846).
S. Name of applicant Waterways Joint Venture V
Name of land developer if not the same as Applicant: Same
(Revised 9/20/06) Page 29 of 33
6. Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
TABLE II
GAP INCOME
81-1500/0 MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
(Revised 9/20/06)
Rental
Owner
Occupied
Yet to be determined
Yet to be determined
968
Number of Affordable-Workforce Housing: Units
Total Number of
Affordable-Work-
force Units
in Development
Owner
Rental Occupied
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
occupied
In accordance with LDC Section 2.06.03.D. - All owner
Page 30 of 33
WORKFORCE INCOME
61-80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
occupied
LOW INCOME
51-60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
(Revised 9/20/06)
In accordance with LDC Section 2.06.03.D. - All owner
-L
o
Page 31 of 33
7. Please provide a physical description of the affordable-workforce units by type of unit (very low
income, low income, workforce income, gap income) and by number of bedrooms. Include in
your description, for example, the square footage of each type of unit, floor coverings used
throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such
as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans;
and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed.
All homes in Summit Lakes, including the homes reserved for affordable-workforce income
purchasers, will share many common features:
* Solid concrete block construction with wood infill panels in limited areas of the second
story.
* Durable compressed concrete tile roofs.
* Desirable concrete paver driveways, walks and entries.
* R-19 fiberglass insulation in all attics; R4.1 in exterior walls.
* Ceramic tile flooring in all kitchens, baths, and laundry areas.
* Carpet over hypoallergenic pads in living and bedroom areas.
* European style kitchen cabinets with fully adjustable shelves
* Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal
* 13 SEER high efficiency air conditioner with strip heat.
* Aluminum framed windows and sliding glass doors.
(Revised 9/20/06)
Page 32 of 33
* Metal clad entry door with dead bolt lock.
* Pre-wiring for cable television and telephone
* Digital perimeter security alarm system.
The homes reserved for affordable-workforce housing purchasers will be two and three
bedroom, two bath units in multi-family or single family attached buildings. Each home will
be owned by the purchaser.
All of the Summit Lakes homes will have complete yard service and periodic exterior painting
provided for by the Summit Lakes Community Association. The monthly homeowner's fee will
also cover the cost of basic cable television service, alarm system monitoring, maintaining the
gated entries, common areas and a community clubhouse where residents and guests may swim,
play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is
anticipated to be approximately $165 per month.
8. Please supply any other information which would reasonably be needed to address this request for
an affordable, workforce, and gap housing density bonus for this development. Attach additional
pages if needed.
(Revised 9/20/06)
Page 33 of 33
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk af Caurts in and far the
Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby
certify that the faregaing is a true capy af:
ORDINANCE NO. 2006-62
Which was adapted by the Baard af Caunty Cammissianers an
the 13th day af December 2006, during Regular Sessian.
WITNESS my hand and the afficial seal af the Baard af
Caunty Cammissianers af Callier Caunty, Flarida, this 20th day
af December 2006.
DWIGHT E. BROCK
Clerk af Caurt.s:and Clerk
Ex-afficio., ~Q>.Bo~rd 'af
Caunty C : '''isa~tme:l:;:.s
-(,f' /''': L
"<.
Teresa ~llardr '.
Deputy e~rk. "
k