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Backup Documents 03/09/2021 Item #17D PL20190001364 03/09/2021 17 0 Camden Landings COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Sue Faulkner Principal Planner Date:February 2,2021 Petition No.(If none,give a brief description): PL20190001387 f I Petitioner:(Name&Address): GradyMinor-Sharon Umpenhour 3800 Via Del Rey Bonita Springs,FL 34134 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,March 9,2021 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500205973 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date:PL20190001364 March 9,2021 Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: / Date: Division ylinistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:If legal documents is Involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:Initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE I ^� Date Received CZ (6 10"1` 7 Date of Public Hearing J i/al Date Advertised 2', p[f f 7 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9,2021, in the Board of County Commissioners meeting room,third floor, Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider the enactment of County Ordinances.The meeting will commence at 9_00 A.M.. The title of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT,AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 9.93±ACRES. [PL20190001387] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD; BY ADDING AN AMENITY AREA;BY REVISING THE MASTER PLAN;BY DELETING EXHIBIT B,THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS;BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT;AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] (insert map) A copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page I 7 0 of the County website at www.colliercountyfl.gov.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@n,collier: intyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Is/ Deputy Clerk(SEAL) # 70 •6, .�a �, c o t) O r 0 V � a ° J � t H a0 aaoysAeg I 7 0 ORDINANCE NO. 21- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/-ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] WHEREAS, on November 15, 2005, by Ordinance No. 05-63, the Board of County Commissioners created the Cirrus Pointe Residential PUD, which was subsequently amended by Ordinance No. 08-38; and WHEREAS, RHD Development General Partnership, represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the RPUD and terminate the affordable housing agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibit"A"to Ordinance No. 2005-63, as amended, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit "A" and incorporated herein by reference. [19-CPS-01948/1593756/1] 115 Camden Landings RPUD\PL20190001364 1 of 2 1/8/21 170 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 21 - becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: �‘.1 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A- RPUD Document including revised Master Plan [19-CPS-01948/I 593756/1] 115 Camden Landings RPUD\PL20190001364 2 of 2 1/821 170 CAMDEN LANDING RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTECAMDEN LANDING RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIINSIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 1 564 MONTEROSSO 1 A NE #2 NAPLES, FLORIDA 34110 KHD Development General Partnership PO Box 110062 Naples, Florida, 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 AMENDED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN, YOVANOVICH & NKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED Oeteber-29,2406 January 8, 2021 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 16 2005 ORDINANCE NUMBER 2006-63 Words true gh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 1 of 28 Revised 01/08/2021 I 7 0 TABLE OF CONTENTS PAGE TABLE OF CONTENTS iE LIST OF EXHIBITS AND TABLES 4,2 STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 35 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 57 SECTION III RESIDENTIAL AREAS PLAN 911 SECTION IV PRESERVE AREAS PLAN 4-317 SECTION V DEVELOPMENT COMMITMENTS 4-418 Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 2 of 28 Revised 01/08/2021 I 7 D LIST OF EXHIBITS AND TABLES EXHIBIT "A" D MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY MASTER PLAN NOTES EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Words strutFowl are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 3 of 28 Revised 01/08/2021 I 7 0 STATEMENT GF COMP1 IANCE The development of approximately 9.92± acre of property i„ Collier County as Planned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County comprehensive planning objectives for the following reasons: 1.The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2.The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3.Improvements are planned to be in compliance with applicable sections of the Collier Co, "Land Dev pment Crwve-as set forth in Ob ecti e 3 of ture I and I Ise Element. ¢The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub Element of the Public Facilities Element. 5.The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Project Within the Urban Coastal Fringe Subdistrict Base Density �I dwelling units/acre Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density - 10.89 dwelling units/acre Maximum permitted units - 9.92 acres x 11 dwelling units/acre - 109 units Requested dwelling units - 108 Words strut are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 4 of 28 Revised 01/08/2021 I7D 7 oll fin-al-Eecal development-Grders fer this preject-are subest-to Section-6 02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. Words sic-through are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 5 of 28 Revised 01/08/2021 70 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this--Sest+an--iss to set forth the location and ownership of the prepeFtyand to describe the existing conditions used to be developed under the project name of the Cirrus Pointe Residential PUD. 1.21 LEGAL DESCRIPTION The subject property being 9.932± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.32 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15511 Monterosso Lane #2, Naples, Florida 31110.KHD Development General Partnership, PO Box 110062, Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF 6 Zoning with BMUD R2 Overlay and i;--pr pesed to be rezoned to RPUD with the BMUD R2 Overlay. 1.5 PHYSICAL DESCRIPTION to the-Collier ems. T'he pplroposed ouffa reiect issa Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.61 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about to 5 feet NGVD with the average elevation being approximately 1.7 feet NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. Words stfurelf-thfouglf are deleted, words underlined are added. Camden Landing RPUD-PL20190001364 Page 6 of 28 Revised 01/08/2021 17L The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 year, 3 day peak flood stage. Water quality pretreatment is proposed in the on site lake/natural The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor clevatienc, water quality pre treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is--pred eelTr#7-1-mcnokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbuch were present in the mid story. The site was partially infested with Melaleuca trees but the exotic specie& were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPI D is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi family project. conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 7 of 28 Revised 01/08/2021 1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relaien-ships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships 2.21 GENERAL A. Regulations for development of the Cirrus PointeCamden Landing RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions-imposed and graphic material presented depicting restrictiono for the development of the Cirrus Pointe RPUD shall bccomc part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 8 of 28 Revised 01/08/2021 I 7 l l A. The project Master Plan, including layout of streets and use of land for-he various tracts, is illustrated graphically by Exhibit"A", PUD Master Plan and Oho water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights of way, the general configuration of which is also illustrated by Exhibit 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 depreJ%ior Ter r tion purposes Suchh areas la-kes and intermittent wet and dry areas shall be in the same general configurations 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 subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi public, etc.) shall be established within or along the various tracts as may be necessary. hibit "4" is anti to be n card n the following ar s and �-rrm-�rr��rnT�a� �v—�c6m�}FFc.�c�v�rrc�vicrvrn-r�crrC,aT-crrrcr applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.11 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT OF WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.42 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The A maximum of 1-98-127 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. Any project with a density of more than 3.0 dwelling i per aG must be deve ed n ac ed Affordable Housing Density Bonus Agreement (AHDB). 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Words true ,hrough are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 9 of 28 Revised 01/08/2021 1 7 U A. Prior to the recording of a condominium plat for all or part of the RPUD, final Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules anal the platting laws of the State of Flori le B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RDI ID Development Plan Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Mester-PlanAny-etivisian-ef-the-preperty-ail-el4h-e-clevelep-men-t-ef--the4a-Rel d shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. Words str••c' h are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 10 of 28 Revised 01/08/2021 1 7 fl 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintcnancc responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. Words are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 11 of 28 Revised 01/08/2021 1713 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The A maximum of 148-127 residential dwelling units may be constructed in the total project area equaling 30 base units and 97 units from the Bayshore/Gateway Triangle Redevelopment Overlay density bonus pool, as limited herein. This is based on a gross acreage of 9.932 acres and a maximum of 10.8012.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. Any project with a density of more than 3.0 dwelling units/per Density Bonus Agreement (AHDB). If after seven years the bonus units have not been utilized, the bonus units shall expire and not be available unless reauthorized by the Board of Zoning Appeals. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: RESIDENTIAL: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings (for sale product only, limited to townhouses and condominiums) 2. Any other principal use,which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. B. Permitted Accessory Uses and Structures: 1. Customary aAccessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, open space or passive park, dog park screen enclosures and utility buildingsincluding carports, garage and utility b„ildingc. Words strut gh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 12 of 28 Revised 01/08/2021 17D 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing.Tempora ry sales trailer end model i nits 4. Gatehouses and access control structures. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. AMENITY AREA: A. Principal Uses: 1. Community recreation facilities. Outdoor/indoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features intended to serve residents and quests. 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their quests. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or Hearing Examiner. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirru& PointeCamden Landing RPUD Subdistrict. Standards not specifically set Words struck through are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 13 of 28 Revised 01/08/2021 17 ® forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Words struck tivewgh are deleted, words underlined are added. Camden Landing RPUD-PL20190001364 Page 14 of 28 Revised 01/08/2021 17D TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI FAMILY Minimum Lot Area (per unity NA NA Front Yard Setback (1) 15' (2) Side Yard Setback (1) 1 Story 7,51 2 Story 1-01 3 Story and/ Story 11.25' Rear Yard Setback (1) Principal Structurc 2-01 Accessory Structurc 4-01 RPUD Boundary Setback (1) 1 Story and 2 Story Homes 4-51 3 Story and I Story Homes 25' (3) Accessory Structurc 4-01 Preserve Area Setback Principal Structurc 2-51 Accessory Structure or infrastructure 4-01 Lake Setback (i1) 20' Distance Between Structures Main/Principal 1 Story 4.5 2 Story 2-01 3 Story 22,51 Accessory Structures 4-01 Maximum Height: /10' or 3 habitable stories over parking 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (2) The multi family minimum front yard setback shall be increased to 23 feet where both perpendicular parking and a 5 foot wide sidewalk are located within such front yard setback. (3)All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (II) Lake setbacks are measured from the control elevation established for the lake. Words struck-through are deleted,-words underlined are added. Camden Landing RPUD-PL20190001364 Page 15 of 28 Revised 01/08/2021 170 STANDARDS MULTI-FAMILY AMENITY AREA AND ACCESSORY USES THAT ARE RECREATION PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF N/A Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Maximum Height 61 feet 25 feet Zoned 71 feet 30 feet Actual Minimum Distance Between Structures *1 20 feet N/A SETBACKS (MINIMUM) *2 Side Yard 10 feet '/z BH PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 25 feet 25 feet ACCESSORY STRUCTURE*3,4 Maximum Height Zoned 35 feet 25 feet Actual 40 feet 30 feet SETBACKS(MINIMUM) *2 Side Yard 10 Feet 10 feet PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 10 feet 10 feet BH—Building Height(zoned height) LBT—Landscape Buffer Tract LMT—Lake Maintenance Tract *1 —The minimum distance between buildings may be reduced to 0'with a shared wall. However, the principal structures shall maintain a 20'minimum separation. *2—No structures may be located within the county drainage access and maintenance easement shown on the master plan. *3—LBTs and LMTs will be platted as separate tracts or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT,the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. *4 — Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscapinq or architectural embellishments associated with the proiect's entrance features are permitted within the"R"and"AA"designated areas abutting the prolect's entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words struckthrough are deleted, words underlined are added. Camden Landing RPUD-PL20190001364 Page 16 of 28 Revised 01/08/2021 I 7 0 B. Off Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Corte in effect at the time of building permit a p-licafion C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07 2e#the Land Development Code, shall be provided on site for any residential project. '�. A• inim4m of 1.81 acres o�serve areas a c required to—be provided on site, emphasizing the largest contiguous area-possible, as described in Section 3.05.07+of the Land Development Codc. The ono i /developer has agreed to provide a total of 2.211 aacccres oo f preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland—preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 1.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. Words t u yet re gh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 17 of 28 Revised 01/08/2021 17a B. Deviations: 1. Deviation 1: Relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi-family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 2. Deviation 2: Relief from LDC Section 4.02.01.6.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space to instead allow the RPUD to provide 54% usable open space. Words s'vwh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 18 of 28 Revised 01/08/2021 I 7 0 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures as allowed by Section 3.05.07.H.1.h.ii of the LDC. 4. Native preserves and wildlife sanctuaric&. Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 19 of 28 Revised 01/08/2021 170 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final ;vision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall-be-responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.31 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effcct are of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. Words t•°e'i h are deleted:words underlined are added. Camden Landing RPUD-PL20190001364 Page 20 of 28 Revised 01/08/2021 171) A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managinq Entity is KHD Development General Partnership, PO Box 110062, Naples, Florida 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinance° in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier Count„ I and Development Code Section 10.02.04, Subdivision Design annd Layout anAnd Section 1n 02 63 Site Development Plans. 5.63 WATER MANAGEMENT Alf applicable,existing or proposed easements fo ier Countty stormwater facilities s hall be maintainer) free of landsca„inn berms or an i vaV.... aA aV. .wv...a.VV V..aw.. w/V I.IM1IaMIIIVM IIVV V7 , other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. Words struck through are deleted,• words underlined are added. Camden Landing RPUD-PL20190001364 Page 21 of 28 Revised 01/08/2021 170 C. An excavation permit shall be required for any proposed lake(s) in actor T h Oho ode of I awe and Ordinances and SFWMD Rules. -DA. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. B. No blasting shall be permitted. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90 10, as amended. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water sewage tr atmcnt facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 0,1 31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability CB. Although the site is entirely within the Collier County Water/Sewer District, potable water is serve f Naples. Even though the site contains a 4 inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities-Division. In lieu of connection to the aforementioned 4 inch force main, connection to either the 12 inch force main on Bayshore Drive or 12 inch force main on Thomasson Drive shall be preferred. 5.84 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) 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 Words struck51-Fue-k-dvough are deleted, words underlined are added. Camden Landing RPUD-PL20190001364 Page 22 of 28 Revised 01/08/2021 1 7 LI son-set n with and aseqr red by the Collier County I and Development Code. `"'``77 B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the--R-P-U-DA4aster-P-lan-a-Fe-GO-n-Sidered-te-be-Ge-FiseptualN-Gthi-9-elepistesi d on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved rJ i during the review of r i it subs ue t s e plan or find plat er�re�lTed ��.,--�req�ed��eq�r�n�F submissions. All such acceeses shall be consistent with the Collier County Access Management Policy (Res. 01 247), as it may be amended from time tiro ti__imeanrl with the Collier (`n y� Range Tra_gsnv�atFon Pla � e number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site-related improvements (as opposed to system-related improvements) neGessa i for safe ingress and eggress to�v ttrhris—prrooject as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights of way or public easements shall require a right of way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01 217), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but ere not limited to safety operational circulation and roadway capacity r r H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof-be-the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. Words stru.'fir are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 23 of 28 Revised 01/08/2021 170 All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rigThts_of_way or easements c.mpensatin nt_of_wn shhall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right of way or ascmcnt is dctcrmincd to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6-foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. NA. The developer has provided Collier County with a right-of-way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. Prior to a eval-the issuance of the site development planfirst residential or group housing building permit, the owner shall deed overconvey the area of the right-of-way easement to Collier County in fee simple free and clear of all encumbrances and at no cost to the County. tThe right-of-way easement is located at the southwest corner of the subject property to Collier County. B. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. C. The RPUD shall be limited to a maximum of 73 p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. D. Prior to the issuance of the first certificate of occupancy for a residential dwelling unit, the owner shall convey to Collier County and Collier County Water-Sewer District, the lands identified on the Conceptual PUD Master Plan as potential ROW easement for Future public roadway and utility Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 24 of 28 Revised 01/08/2021 170 improvements. The Developer shall receive Road Impact Fee credits for the conveyance, equal to the fair market value of the property being conveyed to the County. The credit for the Road Impact Fees identified in this PUD shall run with the land identified in Section 1.1 and shall be reduced by the entire amount of the Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned as permitted by County impact fee procedures. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is applied for. The credit applies to Road Impact Fees and shall not apply to any other type of Public Facility Impact Fee. 5.95 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomason Drive right of way along the project's entire frontage of about 1300 feet along Thoma;son Drive. Such payment shall be made to the Bayshorc MSTU prior to approval of the project's site development plan. A. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). The residential buildings shall be concrete or precast concrete construction. B. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. C. The project shall be gated and fenced, and the developer will provide each building with secured vehicular and pedestrian entrances. A minimum of Words smuelf-threfigh are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 25 of 28 Revised 01/08/2021 170 one space per unit shall be provided below the units in the secured parking area. D. No parking spaces shall be permitted on the north side of buildings adjacent to the northern PUD boundary. E. Outdoor security cameras shall be provided within the project. F. The pool amenity shall be completed no later than the issuance of the 55th certificate of occupancy for the residential option only. G. Any wall or fence facing Bayshore Road or Thomasson Drive shall be required to have architectural features and finish. H. A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years from the effective date of Ordinance 21- , any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. 5.4-06 ENVIRONMENTAL /� E vironm tal n itting shall be in accordan with the State T��TGTTf7TGTlTQT�7JT7Lf77-AGTTQGCGTQ'GITriG�9TTfTC � T Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation/preservation areas shall be designated as preserves on all is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners a'sociation or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Burffe;s.,- setbacksshal-l-be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation horneownefs--assesiati4n--Gf-like-entity-fe-F-GWIle-FS-h-i-p-and-maintenanse responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places Words strue4t-tliFeugh are deleted, words underlined are added. Camden Landing RPUD-PL20190001364 Page 26 of 28 Revised 01/08/2021 1 7 D and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of otic vegetation within the conservation/preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval feetifii%rt odd to address tre tm t of invasive otic species fire Etl�vCr��v--aum����Tc�crrt�R 2�fv , management and maintenance F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those pe s shall be submitted to En iir mentaall Services Staff for rev}ew-ana All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of A minimum of 25% of the on-site native vegetation must be retained. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres which is 1.81 acres. A minimum of 1.81 acres of preserve area is required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. Words struck-through are deleted;words underlined are added Camden Landing RPUD-PL20190001364 Page 27 of 28 Revised O1/08/2021 170 5.7 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. 5.8 LANDSCAPING Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. Words str°•c' h are deleted;words underlined are added Camden Landing RPUD-PL20190001364 Page 28 of 28 Revised 01/08/2021 I 7 0 YIV 01:01 0LOC//l/11 OMO.I•A1H-NV d d31 SVY9 V r66xd 61-Vd11V'50NIMVHO\(Y4f1 ONV/PC 1-610L1d)0fld ONIONVI NVIOId3N 6l-Vd1N\O`NINNVId - f0,4d\ON INNtlld\P1[OVDQl'Vi)0\\ N O ^ i N ZONED:RMF-6 x o RESIDENTIAL II .* - - g m' AVALON ESTATE UNIT NO.1 -- o °y ;11 L (PLAT BOOK 3,PAGE 62) —� G Q e c Ji co wco Z 15'WIDE TYPE'B'LANDSC•PE BUFF!%`co D w 'J �/ WCO . Q W I LL d q ¢wa m I I / ' o P. Q , . W aZ \ LLL / w Q O . Z % Wm q �� �� i a w m� a \ gt Z w > , �g Z �: Chi /04 a � . it Ap-, 1 's I /' ce 1 :c____•Ty I t`• I /�% H Pa —co , F / =/ YQ w „1 •# —N\ �¢ Nj PH , 2c OZ a ! ?1 u.4 Al� • ' , LLLL���`:'''+1'''�5 \ \ \ • W I%% 0 L6 N C. =5 ,a O�/ CL W W gi s .n w/ w/ � i �' Oni U W 3 9 W * , i \ /%� W D co N � C7 0- W co Q W • - Ay 5. . D H m nii J J z �h _, F- 1- I— w !'' /hL` I— w w w L_� / / , /`1 Z I ti ° vw) <Q < ?h�l Q ce W _ o f w 0 Q ce 0' 11 U > 0 2 0 H H W Z , ,,.....,.•, .,.,.,•,'�� �y 0 O Z 0 W - W 20.WIDE,TYPE.'D'LANDSCAPE BUFFER/6 L T z 0 W Z W Z W W Q ct N 0_ 0- Q 0- 0 < 0-' Z Z LLIL- BA'RIGHT DRIVE m 0 j Q (100'RIGHT OF WAY) 0 a w \ Q cc J 1 I D SITE SUMMARY TOTAL SITE AREA: 9.93± ACRE DEVELOPMENT AREA: 6.71± AC. (68%) PRESERVE: 1.81± AC. (18%) UTILITY, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT: 0.41± AC. (4%) ROW EASEMENT (BOOK 1090, PAGE 1697): 0.21± AC. (2%) POTENTIAL ROW EASEMENT AND UTILITY IMPROVEMENTS 0.79± AC. (8%) MAXIMUM DWELLING UNITS: 127 (12.78 DU/AC X 9.93 ACRES) PRESERVE: REQUIRED: 1.81± ACRES (7.25± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 1.81± ACRES OPEN SPACE: 2 REQUIRED: 60% PROVIDED: 54% DEVIATIONS: 1. PARKING SPACE REQUIREMENT 2. OPEN SPACE REQUIREMENT (APPLIES TO ENTIRE PUD) 6 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN I ACCORDANCE WITH LDC SECTION 3.05.07. CAMDEN LANDING RPUD 6CaLE. GradyMinor O.OraUy lour and A,.udalrs r• oeucooEe 31MIn V1a)ol Mry Bonwspmgn.rlarma 31131 EXHIBIT B DATE,a y MASTER PLAN NOTES LLt.taro Civil Engineers . Land Surveyors . Planners . 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I IA A it IJ Lar under(iliA T IS ,.. itiZrielfr- t(i' A r--7- r... _i 1 7 D This space for recording AMENDED AND RESTATE AGREEMENT AUTH ► - (ZING AFFORDABLE- i RKFORCE HOUSING DENSITY B► US AND IMPOSIN OVENANTS AND REST- TIONS ON R PROPERTY 1 . .77 THIS AMENDED AND RESTA . • AG' EMENT is made as of the .' 4iay of , 2008, by and be en James J. Fields (the "Developer") and the Collier C unty Board of County Co ► issi• 'ers (the "Commission"), collectively, the CD "Parties," and replaces the prior, oh. al Agreeme in its entirety. �? RECITALS: o c.r+ A. The Developer • ns a tract of real property desc ..ed in Exhibit "A" attached c? hereto and incorporate, erein (The "Property") It is the Deve • •ers intent to construct w �.o a maximum of 10: residential units (the "Units") at a density 10.89 units per gross acre on e Property. The gross acreage of Property is 9. ' acres. The number of - ordable-workforce housing units constructed by Devel. ,er shall be 32 44 representing 30 forty (40) percent of the total number of reside ial Units a.•ro •d in the development or 56.4 percent of the approved bonus units. Page 1 of 31 4/12'06 underlined text is added, text is deleted f, tiib41 A( 170 B. In order to construct the Units, the Developer must obtain a density bon . fro the Commission for the Property as provided for in the Collier County Affor• :ble Housi . Density Bonus Ordinance No. 90-89, now codified by Ordinance 0'-41, as Land De •lopment Code (LDC) § 2.06.00 et seq , which density bonus ':n only be granted by t • Commission and utilized by the Developer in accordan with the strict limitations and a• •licability of said provisions. C. The •mmission is willing to grant a density bo, s to the Developer authorizing the constru. ion of 78 bonus Units on the P •perty, if the Developer agrees to construct afforda. -, workforce, and gap Units a- specified in this Agreement. NOW, THEREFORE, i onsideration of the a► 'royal and grant of the density bonus of 7.89 units per acre re• ested by the D• eloper and the benefits conferred thereby on the Property, and for othe •ood and ,aluable consideration, the receipt and sufficiency of which are hereby ackno '-•: -d, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above R- itals are ue and correct and are incorporated o� herein by reference. .sue 2. Developer Aare- ents. The Developer ereby agrees that he it shall 1C-;1 construct up to 32 44 - • - e - - - units, not to exce. • 40 % of the a• 'roved residential density as a► •rdable-workforce housing units, whi►I Units shall be sold in accordance with the erms and conditions of this Agreement an. as specified by the attached Append' -s A & B, Exhibits A, B, & C. and Appendix C, whic Appendices are incorporated •, reference herein and which constitute a part of this Agree ,ent. a. The following provisions shall be applicable to the affordable orkforce and •a• nits: (1) Defined terms: In the event of a conflict between terms as defined in e AC or in Ordinance No. 90-89, Section 4, the definitions of the LOC will control when applying or interpreting this Agreement. In addition to these defined terms and the underlined text is added_Leh te\t is deleted Page 2 of 31 1 7 D .pplicability of LDC § 2.06.04 "Phasing" shall mean. (a) the phased construction • b •ings or structures in separate and distinct stages as shown on a PUD master . an, subdi ' ion master plan or site development plan; or (b) in developments wher= phased construct is not depicted on a PUD master plan, subdivision master . an or site developmen 'Ian, the construction of buildings or structures in a clear! defined series of starts and fini- 'es that are separate and distinct within the develop ent. (2) Media Income. For the purposes of this Agreeme- , the median income of the area as defines •y the U.S. Department of Housing :nd Urban Development (HUD) shall be the then c ent median income for the .ples Metropolitan Statistical Area, established periodicall •y HUD and publish:. in the Federal Register, as adjusted for family size as shown . the tables att- hed hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted fro time to e in accordance with any adjustments 4-- —1 that are authorized by HUD or any succe . agency. In the event that HUD ceases to publish an established median income - . a 'resaid, the Parties hereto shall mutually agree to another reasonable and cs parable ethod of computing adjustments in median income. (3) Eligibility and •ualification of Owner. Family income eligibility is a "v three-step process. 1) s .mittal of an application by a prospective Owner; 2) . • verification of family ho ing unit provided under the afford- .le, workforce. and gap housing density bo •s program prior to being qualified at the -ppropriate level of income (ye lo low moderate workforce, or gap income) in acc• dance with this Section; 3) c- ification of eligible Owner by the '• - • : •• - - • . • : Housing and Hume, ervices Department. e Developer shall be responsible for qualifying Owners by ac. -pting app ations, verifying income and obtaining income certification for all afforda. e1 •rkforce and •a• units in the subject development. All applications, forms and othe documentation required by this Agreement shall be provided to underlined text is added.ugh text is deleted Page 3 of 31 17D - - : Housing and Human Services Department. Qualification by the Developer of a , p- ons as an eligible Owner family shall be subject to review and approv in actor• .nce with the monitoring and enforcement program in LDC §§ 2.0. 15 and 2.06.06, pectively. (a) Application. A •otential owner shall •ply to the developer, owner, manager, or agent to qualify as lew; workforc= income family for the purpose of owning and occupying an affordable- •rkforce ' 'using unit pursuant to the affordable: workforce housing density bonus progra -e Preliminary Application for affordable: workforce housing unit shall be provide. •y _ - _ - _ _ _ - • : ••'• . and—Housing and Human Services • •partmen as shown in Appendix B. Exhibit A. o� attached to this Agreement and in •rporated by refe -nce herein. .� (b) Income Verifica '.n and Certification. affordable-workforce housing a' unit in the development sh be sold whose household i ome has not been verified c and certified in accorda e with this Agreement and LDC § 2.' . 05. (=A (c) Incom- erification. The Developer shall obtain w •en verification from the potential occ •ant (including the entire household) to verify all . twlar sources of income (inclu• g the entire household). The most recent year's fede income tax return for t, - potential occupants (including the entire household) may be u -d for the purpos: of income verification, attached to the affordable-workforce housing Q e •licant Inco e Verification form, including a statement to release information, occu• -nt 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. underlined text is:added, k-144foogil text is deleted Page 4 of 31 170 Upon expiration of the 180 day period, the information may be verbally updated fr• th_ original sources for an additional 30 days, provided it has been documented • the perso preparing the original verification. After this time, a new verification f• must be comp led. The affordable-workforce housing Applicant Income Veri ation form shall be pro '•ed to the Housing and -man Services Department as own in Appendix B, Exhibit B, attached to t Agreement and incorporated by refe -nce herein. (d) Income ► -rtification. Upon receipt of the Prel' inary Application for an affordable-workforce hou sg unit and Applicant Inc, e Verification form, the Developer shall require that a income certification fo be executed by the potential occupant (including the entire :usehold) prior o occupancy of the affordable_ workforce housing unit by the occu•.,nt e certification shall assure that the potential occupant has an appropriate h• s old income which qualifies the potential occupant as an eligible family to occupy . a •rdable-workforce housing unit under the affordable-workforce housing dens' ' bonus •rogram. The affordable-workforce o Housing Applicant Income Certi ation form sh- be provided by the Financial Housing an, uman Services Depa ent as shown in Appendix B, cc, Exhibit C, is attached to this •greement and is incorporates s reference herein. incji Rando nspection of files containing requires •ocumentation to verify c� occupancy in accord ce with this Agreement and LDC § 2.06.0i may be conducted o0 by the ' - - - - Housing and Human Services ► -partment upon reasonable no ' e. (• Annual Progress and Monitoring Report. The Developer shall • 'vide the = •••- - - . • Housing and Human Services Department an , nual pro. '•ss and monitoring report regarding the delivery of affordable-workforce hous , • is throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underlined text is added,strhrck text is deleted Page 5 of 31 1 7 D o insure compliance with LDC § 2.06.00, or subsequent amendments thereto T re••rt shall be filed on or before September 30 of each year and the report sh• be submi • by the Developer to the Housing an• uman Services 'epartment. Failure to complete and submit the monitoring r- sort to the .". . . • . • : Housing and Human Services Department ithin sixty (60) days from the d - date shall result in a penalty of up to fifty dolla ($50.00) per day unless a written ext=•sion not to exceed thirty (30) days is requ- ed prior to expiration of the sixty (60) day s • ission deadline. No more than o such extension may be granted in a single year. (5) Occupancy Res 'ctions. No affordable orkforce unit in any building or structure on the Property shall be •ccupied by the Developer, any person related to or affiliated with the Developer, or by a r.. .ident m. ager 3. Density Bonus. The C• , % sion hereby acknowledges that the Developer has met all required conditio . t• •ualify for a density bonus, in addition to the base residential density of 3 its per a. -, and is therefore granted a density bonus of 7.89 density bonus u ' s per acre, for - otal density (total = density bonus units per acre X gross acreag of 41.89 10.39 uni ac, pursuant to LDC § 2.06.00 C_` The Commission further • e rees that the Developer ma construct thereon, in the aggregate a maximum • mber of 108 units on the Propert •rovided the Developer w is able to secure bui • ng permit(s) from Collier County. 4. Co. mission A•reement. During the term of this greement, the Commission ting through the Housin• and Human Services I •partment or its successor(s) covenants and agrees to prepare -nd make availab • to the Developer any general information that it possesses regarding 'come limi . ions and restrictions which are applicable to the affordable., workforce or • - • it. 5. Violations and Enforcement underlined text is added. #fnek-tireuith text is deleted Page 6 of 31 170 a. Violations. It shall be a violation of this Agreement and LDC 2.b •.00 to sell or occupy. or attempt to sell or occupy. an affordable-workforce ho ing unit p ,vided under the affordable-workforce housing density bonus program e ept as specifica permitted by the terms of this Agreement; or to knowingly •',e false or misleading i •rmation with respect to any information required or re, ested by the . _ : •- - . . _ • . •: Housing and Human Services Departm• t or by any other persons pursuant to e authority which is delegated to them by IC § 2.06.00. Collier County or its designee .hall have full power to enforce the -rms of this Agreement. The method of enforceme for a breach or violation of t Agreement shall be at the option of the Commission by c ' inal enforcement pur •ant to the provisions of Section 125.69, Florida Statutes, or by civi -nforcement as owed by law. b. Notice of Violat 'n for C•.e Enforcement Board Proceedings. Whenever it is determined that there is a '•iolation of this Agreement or of LDC § 2.06.00, that should be enforced before - • •de Enforcement Board, then a Notice of r— Violation shall be issued and sent b the app , •riate department by certified return- 2 receipt requested U.S. Mail, or h d-delivery to th • person or developer in violation. w0_ 0 The Notice of Violation shall co ply with the requireme for such Notices. U" c. Certifi . e of Occu•anc . In the eve that the Developer fails to maintain the affordable orkforce units in accordance with t ' Agreement or LDC § a 2.06.00, as amende•, at the option of the Commission, building • -rmits or certificates of occupancy, a- applicable, may be withheld for any future pla •ed or otherwise approved unit •cated or to be located upon the Property until the entire • oject is in full complianc: ith this Agreement and with LDC § 2.06.00, as amended. •. Assignment by Commission. The Commission may assign all o •art of its • . igations under this Agreement to any other public agency having jurisdiction • er e Property provided that it gives the Developer thirty (30) days advance written noti - thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added.c k-thr u h text is deleted Page 7 of 31 17 ® •uties, obligations, or promises under this Agreement to any successor in interest to t Pr• serty without the express written consent of the Commission, which consent m. be withh- • for any reason whatsoever. Any attempt to assign the duties, oblig. ons, or promises nder this Agreement to any successor in interest to the Propert ithout the express writt: consent of the Commission as required by this Section - all be void ab inifio. 7. Sever. •ilit . If any section, phrase, sentence or po• on of this Agreement is for any reason held i alid or unconstitutional by any cou of competent jurisdiction, such portion shall be dee -d a separate, distinct, and i ependent provision, and all other provisions shall remain e -ctive and binding on t• - Parties. 8. Notice. Any notices • -sired or requir:• to be given under this Agreement shall be in writing and shall either • • perso y delivered or shall be sent by mail, postage prepaid, to the Parties at the foil. i '• addresses: To the Commission: Collier I.•unty Housing a Human Services Department �T�,3301 East Ta mi Trail Buildin. H Suite 211 (-TB Naples, Florida 111294 -v To the Dev: .per: James J. Fields o 15544 Monterosso Lan: #2 Naples, Florida 34110 Wit, copy to: Any Party ► :y change the address to which notices are to be sent by .tifying the other Pa, of such new address in the manner set forth above. •. Authority to Monitor. The Parties hereto acknowledge that the 'Ilier C. my Housing and Human Services Department or i •esignee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added,srrif 4lifeugh text is deleted Page 8 of 31 170 ereunder 10. Indemnify. The Developer hereby agrees to protect, defend, inde nify and h. d Collier County and its officers, employees, and agents harmless f am and against a and all claims, penalties, damages, losses and expenses, • ofessional fees, includi • without limitation, reasonable attorney's fees and all c• .ts of litigation and judgments . ising out of any claim, willful misconduct or ne• 'sent act, error or omission, or liabilit •f any kind made by Developer, its agents Jr employees, arising out of or incidental to th. •erformance of this Agreement 11. Covenants. •e Developer agrees that all s f its obligations hereunder shall constitute covenants, res 'ctions, and conditions ich shall run with the land and shall be binding upon the Pro. -rty and again every person then having any ownership interest at any time and fr. • time to me until this Agreement is terminated in accordance with Section 14 belowT ' • ver, the Parties agree that if Developer transfers or conveys the Property to ano e •erson or entity, Developer shall have no further obligation hereunder and any .erson se= •ing to enforce the terms hereof shall look solely to Developer's success- in interest for t - performance of said obligations. w ao 12. Recording. This • •reement shall be reco •ed at County's expense in the "' official records of Collier Co ty, Florida. 13. Entire A• -ement. The Parties hereto agre. that this Agreement constitutes the entir •greement between the Parties hereto and hall inure to and be binding upon thei' espective heirs, successors, and assigns. 14. 'ermination. Each affordable, workforce, or clap housin• nit shall be restricted remain and be maintained as the required affordable workforc: and •a• housin• .s provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by e tten agreement of both Parties. 16. Discrimination. underlined text is added,wags text is deleted Page 9 of 31 I70 a. The Developer agrees that neither it nor its agents sh- di- riminate against any owner or potential owner because of said owners race, ,•tor, religi• sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains th= affordable_ workforce h• sing unit, it must advertise, sell, and maintain the s e in a non- discriminatory m. ner and shall make available any relevant inform- ion to any person who is interested in . rchasing such affordable-workforce housin unit. c. Th. Developer agrees to be responsibl: for payment of any real estate commissions and -es for which it is liable i he purchase and sale of affordable-workforce units. e. The affordab - workforce hou• ng units shall be intermixed with, and not segregated from, the market •te dwelli • units in the development. f. The square footag- struction and design of the affordable, workforce, and qap housing units shall b: h, same as market rate dwelling units in the development. All physical amenities i• the dwe qg units, as described in item number o seven (7) of the Developer Applic• ion for affordab . workforce housing Density Bonus .sue tw shall be the same for mar -t rate units and a dable-workforce units. For developments where cons ction takes place in more t -n one phase, all physical amenities as describe. n item number seven (7) of the ID -veloper Application for .� Affordable-Workforc: ousing Density Bonus shall be the same i loth the market rate units and the aff• dable-workforce units in each phase. Units in a bsequent phase may contain •' erent amenities than units in a previous phase so long a e amenities for market -te units and affordable, workforce, and qap units are the same 'thin each phase . d provided that in no event may a market rate unit or affordable-workfo e unit in - phase contain physical amenities less than those described in the Devet. •er • •plication. 17. Phasing. The percentage of affordable-workforce housing units to which undcrlined text is added,sNe4-44Feue#text is deleted Page 10 of 31 I ,7 D he Developer has committed for the total development shall be maintained in ea p •se and shall be constructed as part of each phase of the development o the Prop- • . Developer commits to 30 percent affordable-workforce housin• nits for this proje• , with 30 4Q percent of the units in each phase consisting o affordable_ workforce un . 18. Di- losure. The developer shall not disclose to pers. s, other than the potential buyer or I: der of the particular affordable-workforce ousing unit or units, which units in the development are designated as affordable- U •rkforce housing units. 19. Consistency. This Agreement and autho• ed development shall be consistent with the Growth •nagement Plan and I d development regulations of Collier County that are in effect at e time of devel' •ment. Subsequently adopted laws and policies shall apply to this Agre- ent an• o the development to the extent that they are not in conflict with the number, • : •f affordable-workforce housing units and the amount of affordable-workforce o ng density bonus approved for the development. _ • ) ;,_; o 20. Affordable-Workforc• Housing Densi• . Bonus Develo•ment A•reement. .tom This Agreement is a distinct a► . separate agreement •m "development agreements" as defined by Section 163. 0, Fla. Stat., as amended. 21. Prea•slit- on. Developer has executed - 'd submitted to the o cs Development Servic:. Department the Developer Application for ordable-Workforce Housing Density 'onus, a copy of which is attached to this Agreeme as Appendix C and incorpora d by reference herein. 22. Governing Law. This Agreement shall be governed by and • •strued in accord. ce with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in r• erdable form if necessary, any and all documents, certificates, instruments, an• agreements which may be reasonably required in order to effectuate the intent of the underlined text is added,ugh text is deleted Page 11 of 31 I 7 L1 •greement. Such documents shall include but not be limited to any docume• re• ested by the Developer to exhibit that this Agreement has terminat: 4 in actor. •nce with the provisions of paragraph 14 above. IN WITNESS WHEREOF, e Parties hereto have aused this First Amendment to Agreement to be executed as oft - day and year fi•.t above written. ATTEST: L. BOAR OF COUNTY COMMISSIONERS DWIGHT E;',$ OCK,`Clerk 0 E', OUNT , FLORIDA • • L4 (_) 4.71W. - p Clerk By: To Henning, CHAIR • N _ Atilist if to dialramo. s L ttgalit�'! all. . '\ • •A■ � «> Appr• ed as - form and legal sufficiency: ►_ C. Assista r County Attorney underlined text is added.stfoult-i4Ho+ug#+tett is deleted Page 12 of 31 1 7a DEVELOPER: Wit -sses: \ r,' k ,e+- B : �.�►vr. ' N J ,"fig J h e t5 Witness tr � ((t& && . Printed Name 4,1 w)IKG, 1,�4 Ilk t, Cam. Ip I lok k VC ‘ . By: ( (i S ) 111te Rill Witness Printed Name __ I Mr V. l ' Ck t r( c aolitikeli-c' a . 4 - u co vi-pi-101 STATE OF FLORIDA ) % xt: tl (_.0 COUNTY OF COLLIER ) �,.t_ --. --- The foregoing First Amendment to Agree ; t Authorizing Affordable, Workforce, and 11`j Gap Housing Density Bonus And I - " 'sins Covenants And Restrictions On Real Property was aalcnowledged =re •e by.l YJ. tQ as ' n a' S (— • who personally kn• n to me or has produced Z, -s identification. 4t WITNESS my han► and official seal thi . . o - - 0 2008. 4.11:=b 'j(j Q o � Notary P `lic My Commissi• Expires: - MECCA PARATORE re MY COMMISSION a DO 417346 ..l:,,.„:-_,,l aaiabxnwRroS.r .... underlined text is added. 144:te44—Ftweet4a text is deleted Page 13 of 31 1 7D EXHIBIT A LEGAL DESCRIPTION All • Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, accord' to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier ty,Florida. 110111., M {) -V7\ \ pz, rf: jv �/ w 00 GTh .sue 0 un li t• is added.stftielt-thfoogh text is deleted Paw 14of31 170 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE-WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency l Bedroom 2 Bedroom '�Z C'(j 3 Bedroom t 4 Bedroom —� TOTAL r 1 4rWORKFORCE INCOME \\ -• `J (61-80% MI) -�,. I Efficiency �,'p ; 0 t- 1 Bedroom Q /` CA" CO t..T. 2 Bedroom CI4-0 3 Bedroom 44 0 0 co 4 Bedroom TOTAL 0 44 LOW INCO' E (51%-60°/ I) E iciency I Bedroom 2 Bedroom 3 Bedroom 24-_ underlined tcxt is added,s ouc* h text is deleted Page 15 of 31 4 Bedroom TOTAL 0 2-1- VERY 1. I W INCOME (50% OR ► SS MI) Effici- •cy I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom C Out TOTAL 0 44_ (1) Base residential density allow•• i •••= • =. lopment 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of affordable-w. `.rce housing density bonus units allowed in this development pursuant to LDC Sect'• ".06.00. 78 units. (4) Gross residential density of this d= el•• tent (including affordable-workforce housing density bonus units) 10.89 u s/acre. (5) Percentage of affordable-wor orce housing its pledged by the developer(as a Pzs percent of the total number •nits in the develo_ . -lent) 40 %. .cs xszt underlined text is added,Wit►text is deleted Page 16 of 31 17 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L'C § 2.06.03, provides for calculation of a density bonus for developer- pledging to construct a ordable-workforce units within their development. included in thi• xhibit B are instructions and the tables with which to calculate the density bonus for a .articular project. Exhibit C con .ns the current median income and acceptable rents for .w and very low, workforce, and ga. income households in Collier County. The affordable , orkforce housing density bonus rating system . all be used to determine the amount of the affo ..ble-workforce housing density bonuses ich may be granted for a development based on how -hold income leve , . . - . •• - . - _ . . • - . . _ . . . . . . - . . . . • . , _ . - and percentage of affordable, wor' •rce, and gap housing unit in the development. To use the affordable-workforce housing den 'ty bonus rating system, 'ables A and B, below, shall be used. Tables A and-B, shall be reviewed - id updated if neces-.ry on an annual basis by the Board of County Commissioners or its designee First, choose the household income -vel (: . low. of-very iow, tow-workforce, or gap) of the affordable-workforce housing u ( proposed in the development, and-the-type-of - . . - • - . - - - as shown in MA -- . . •- - .sue ... , . . .tom - • . = • - • - • .• . Next, determine percent of that type of �--� affordable-workforce .using unit(s) proposed in the development corn. ed to the total number of dwelling units the development. From this determination, Tabl- A will indicate the maximum numbe of residential dwelling units per gross acre that may b- .dded to the base density. These .dditional residential dwelling units per gross acre are the max um affordable: workforce ho ing density bonus (AWHDB) available to that development. Dev. opments with percentage •f affordable-workforce housing units which fall in between the percenta:-s shown on Table B : shall receive an affordable-workforce housing density bonus equal the lowe 'f the two percen es it lies between plus 1/10th of a residential dwelling unit per gross acre ,r each addi -•nal percentage of affordable-workforce housing rental units in the development. For ex, pie. a development which has 24 A. of its total residential dwelling units as affords. e_ •rkforce housing units, and which has an affordable housing density bonus rating of"four" NY) receive an affordable-workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added.&tfac-li-thfough text is deleted Page 17 of 31 170 . . In no event shall the affordable-workforce housing density bonus - ceed eight (8) dwelling unit •er gross acre. 1 / 7, \ ,Th.v. (-2 \ 0 ielIV i-- 1 /"....7 \-P\ . ( .0 c) 411 underlined text is added,Strad- ugh text Is deleted Page 18 of 31 17 0 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calcu . e your density bonus in the space provided below. Attach a. i itional pages if necessary. TABLE A: AFFORDABLE-WORKFORCE HOUSING DE TY BONUS RATING [prior table deleted, • rrent table follows! MAXIMUM ALLOW• :LE DENSITY BONUS BY PERC" T OF DEVELOPMENT DESIGNATE ; AS AFFORDABLE-WORKF' 'CE HOUSING Household Product Income 10% 20' 306/0 40% 50° , 60% 70% 80% 90% 100% (%median) 81-150% Gap MI* ** 1 2 3 4 5 .6 6 6 6 n/a (Gap) _ 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 1• Q 51-60% =- Low MI 3 4' 6 8 8 . 8 8 8 8 8 sz. w 0o 50% Very Low or less 4 5 7 8 8 8 8 8 8 4-4 MI *Owner-occupied only 2 **May only be used in •Injunction with at least 10%at or below 80% Total Maximum A Iwable Density= Base Density+ Affordable-Workforce ousing Density Bonus. In no event sh• the maximum gross density allowed exceed 16 units per acre. underlined tcxt is added,struck-1hreugh text is deleted Dni,n 10 of 11 17D Oy0 ,V V,V 1 70 APPENDIX A, EXHIBIT C NCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOM '. Pursuant apter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordin. ces, moderate i •me is 61°A) to 80%of the median income, low income is 51%to 60% •f the median inco and very low income is less than 50%of the median income. MEDIAN INCOME 2007 $63,300 Naples, MSA (Collier County) NUMBER OF ME • ;ERS 1N FAMILY Jprior table deleted rrent table follows' I 2 3 4 5 6 7 8 150% 73,350 83,700 '4,200 104,700 113,1.0 121,500 129,900 138,150 80% 39,100 44,650 5 t 50 55,850 60 I I 64,750 69,250 73,700 60% 29,340 33.480 37,. . 1 41,880 ' .,240 48,600 51,960 55,260 50% 24,450 27,900 31,' I t 34,900 7,700 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 154780 ,4 18,851) 20,250 21,650 23,025 1 .-. ((,__ 0_ : RE-COMM .DED RE AL RATES o mi The Florida Housing Finance Corpot ion(FHFC)calculat- rents to use in the State Apartment �`t Incentive Loan (SAIL)and the Lo ncome Rental Housing • Credit (LIHTC)programs. The Q; rents given below are based on ' II data from FHFC. Utility c. Is are provided from the ..,a County's Section 8 Rental Ass'. ance Program which is administe • by the Collier County CI Housing Authority. o HOU' NG COSTS BASED ON 30% FAMILY IN •ME _ Jprior table deleted,current table follows' 0 TWO THREE I FOU' ' .DROOM BEDROOM BEDROOM BEDR I `M NIT 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 4% $654 $785 $907 $1,012 5% $458 $549 $635 $708 25% $327 $392 $453 $506 underlined text is added,simniii-ilicutrgh text is deleted Page 20 of 31 170 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R L ATION UNIT UNIT UNIT UNIT Naples an. oastal Collier Cou 71.00 91.00 128.00 1 AO Immokalee and . t of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.0► 211.00 YOU MUST D ` UCT UTILITIES TO CALCUL: E NET RENTS. / r- ICC /4 )1). • t— VPde CMC Iva ..a underlined text is added.Struck-through text is deleted Page 21 of 31 170 APPENDIX B, EXHIBIT A P' . IMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING 4 IT Date Oc. .ancy Desired: Date of Application: Amt. Of Sec. D- • •sit: Your Name. Race/National Origin: Handicap: Ye _ No Co-Tenant Na - Race/National Origin: Handicap: es No Present Address: treet City State Zip Telephone No. Name of Landlord How Long . his Address: Landlord's Address: Street City State Zip Tel- one No. If you have resided at your present • ess less than 3 year please state previous address: Street City _ -:- ate '• . Telephone No. Name of Previous Landlord ` .i) )\V( 1 't !=i 0 Street City State -'•,/• Telephone No. Po APPLICANT: -t,. Present Employers Name \i C ( ._- Address and Telephone No. How long with Present E • oyer: Job Title o .cam Gross Salary: Hourly Weekly$ Every 2 Weeks$ Monthly$ "' Social Security Nu , .er Birth Date Previous Emplo rs Name Address and "elephonc No. How Ion: . ith Previous Employer Job Title CO-T' ANT: Pr- -nt Employers Name ddress and Telephone No. How long with Present Employer: Job Title underlined text is added,sfrueit-thee.igh text is deleted Page 22 of 31 170 Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly$ 'cial Security Number Birth Date Pre 'us Employers Name Addres , d Telephone No. How long .• h Previous Employer Job Title NAMES OF ALL HO WILL OCCUPY APARTMENT BIRTH DATE AGE SOLI ECURITY 1. 2. 3. PERSONAL REFERENC ' (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: _- How Long Known: 7 - . , \ \ 1 C ON i 1., �r v . 11 'o CI 0 c, underlined text is added.figh text is deleted Page 23 of 31 170 APPENDIX B, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant'- ame: Social Security Number Co-Tenant's e: : Social Security Number Present Address: Str- City State Zip '-lephone No. I hereby make applic: 'on for a single family unit at . I hereby declare and rev- all of my sources of income. I am aware that to leave ou omit or fail to report my assets or fs s of income from pensions, stocks, bonds, real property -nt, sale or ownership is a fr. i ulent act punishable by law. Knowingly falsifying informatio on this form is cause for ref -al of occupancy. I hereby certify that this will be permanent reside e and that I have no other assisted housing. I understand that this information is for e • • •ose of computing my annual income to determine my qualification to buy an affordai workforce, or gap housing unit. I understand that I am not required to surrender my ow - ' ip or rights or claimed property, pensions or capital gains,etc. 0 A i 'cant Co-Occupant Amount -.=uency Amount Frequency s%. • • 1- j eeeived of ' Received of Pay \_ c� ,% 1.11 Wages/Salary $ $ $ $ 0v GI Bonuses $ $ $ $ • - Tips $ $ $ $ o Commissions $ $ $ Interest Income $ $ • $ Trust Fund Income $ $ $ $ Unemployment S $ $ $ Workman's C. pensation $ $ $ $ Welfare S $ $ Food St. .s $ $ $ • Social S- urity $ $ $ $ Socia •ecurity Disability $ $ $ $ Sup emental SSI S _ $ $ $ F ily Assistance S $ $ $ hild Support $ $ $ $ Veterans Benefits S $ $ $ Widows Benefits $ $ $ $ underlined text is added,struck-through text is deleted Page 24 of 31 17D Union Pension $ $ $ $ •If-Employment Business, S -nt Partner, etc. $ $ $ $ Priv. - Insurance Pension $ $ $ $ TOTAL NUAL INCOME $ $ THE VERIFI . :TION HERE REQUESTED MAY TAKE THE FORM OF THE OST RECENT YEAR'S INCO TAX RETURN FOR EACH OCCUPANT WHO HAS F D AND WILL OCCUPY THE • •RDABLE, WORKFORCE,OR GAP UNIT. THE SAME MUST EXECUTED FOR EACH OCCUPANT OF T. HOUSEHOLD WHO CONTRIBUTED TO T ANNUAL HOUSEHOLD INCOME. FA RE TO REPORT ALL SOURCES OF HOUSEHO►• INCOME WILL RESULT IN DISQUA ICATION FOR TENANCY IN AFFORDABLE, WORKF• 'CE,OR GAP HOUSING UNIT. y` t.tt C'UU1 • \fir- l %� .� b i—a too underlined text is added,struekthrough text is deleted Page 25 of 31 170 APPENDIX B, EXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATIO APPLI NT: Present Empl► •r: Job Title: Address: Street City to Zip I, , hereby authorize the release • information requested (Applica on this certification form. R C'Or - :nature of Applicant STATE OF FLORIDA ) L`,` ss __ COUNTY OF COLLIER) The foregoing was acknowledged be + by Who is personally known to me or has produce• - as identification. Witness my hand and official sea is ,i .yof'` , 2008. (notary seal) f �� co Notary Public My Commission Expires: 0 .sue underlined text is added,suck-though text is deleted Page 26 of 31 170 MPLOYER CERTIFICATION App ant's Gross Annual Income or Rate or Pay: $ Number 'f Hours Worked (Weekly): . Frequency of Pay: Amount of : uses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) s COUNTY OF COLLIER) The foregoing was acknow - -d before me-by Who is personally known to m• or has produced as identification. Witness my hand and official seal this day of , 2008. (notary seal) r', .�,� , Notary Public My Commission Expires: ,p THE CERTIFICATION HERE REQUE ' MAY TAKE THE • ' OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EA OCCUPANT —WHO 'HA FILED AND WILL OCCUPY THE v+ AFFORDABLE-WORKFORCE UNIT N underlined text is added.stfuek-threugh text is deleted Page 27 of 31 17D APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFOR HOUSING DENSITY BONUS Pursuant to I.P . § 2.06.01 please complete this form and submit it w' any accompanying documentation to t - Community Development & Environmental Serv. es Division, 2800 North Horseshoe Drive, Nap Flonda 34104. A copy must also be p .vided to the Collier County Housing and Human Servic= Department. All items requested must be pro 'ed. 1. Please state what zoning dist ' is are proposed by t e applicant, if any, on the property and the acreage of each; ''UD-9.92 2. Has an application for rezoi in be- -q • igcoijaunction with the affordable,workforce I ((and gap housing Density bonus?+( ) X Yes No , r1 If yes, state date of application 2-2-I and if th- :i uest'ltas been approved, state the Ordinance number 05-63. owo r r. t_-r V-' U, 3. Gross density of the pro• .sed development: " 10.89 ,its/acre -v Gross acreage of the oposed development. 9.92 acre .sue 4. Are affordable-we force housing density bonus units sought in ••njunction with an �N.. application for a pla -d unit development (PUD)? X Yes No. If yes, please stat; ame and location of the PUD and any other identifying info -ation. Cirrus Point,J' 'UD located and _ the northeast corner of the intersection betwe- Thomasson Drive • d -a shore Drive. 5. ame of applicant James J. Fields _ Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added,feu gh text is deleted Page 28 of 31 17 ' BLE I Total Number of Units in Development Type • Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 �. TABLE 11 Number of Affordable- . •_'•s e Housing Units rior table dele-current table follows Total Number of- ; Proposed Use for Affordable-Wo, density Bonus Units force Units o in Develop, ent Owner Owner CA.) 00 Ren Occupied Rental ccu.ied GAP INCOME 81-150% MI 0 Efficiency cN 1 Bedroom 2 Bedr. 3 : 'room tither TOTAL 0 In accordance with LDC Section 2.06.03.D. —A owner occupied underlined text is added,stftrek-air. text is deleted Page 29 of 31 1 7 I WORKFORCE INCOME -80% MI Efficiency I 'edroom 2 Bed om 3 Bedroo 44 44 Other TOTAL 44 In accordance with .4C Section 2.06.03.D.—All o -r occupied LOW INCOME �� A 51-60% MI Efficiency \ I Bedroom ! 2 Bedroom \. 11'\ 4- /:-.771- CD 3 Bedroom 'r- / i Other �: �, fi t" C 1— b TOTAL 0 0 :I 0 VERY LOW INCOME 50% OR LESS MI Efficiency I Bedro• 2 B=•room Bedroom Other TOTAL 0 0 underlined text is added.bugle text is deleted Page 30 of 31 170 . 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 .edrooms. Inc de in your description, for example, the square footage of each type of unit, i •or coverings used t •ughout the unit (carpeting, tile, vinyl flooring); window treatments; as iances provided such as wa ser/dryer. dishwasher, stove, refrigerator; bathroom amenities, h as ceiling exhaust fans; and any . er amenities as applicable. Attach additional pages . Exhibit "D" if needed (See-attached; APPE1NDIX D CIRRUS POINTE PUD PHYSICAL DESCRI" ION OF AFFORDABLE W• ' Ai _ORCE HOUSING UNITS There will be a minimum o '. . , . . - 44 Workf► ce Housing Units in the Cirrus Pointe PUD. These—Affersiable Workfo e Housing Units • ill be comprised of 4-0 44 three-bedroom Income) Units. j All Affiartiable Workforce Housing Unit • it ,e sold to owners as owner-occupied multi-family units. Each unit will come standard ith carpet d the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceilir _ fan package, an •athrooms will have ceiling exhaust fans. ,. w The three-bedroom units will •ve a minimum air-condit ed area of 1526 square feet. Garage va', parking will provide 2 par g stalls for each unit and will als• ouse storage areas for each unit. G) The entire community • ill consist of up to 108 multi-family h• • es and the units that are not ti designated • ' : : . .4- Workforce Housing Units will be offered a moderately priced multi- .A family homes. he community will have the following amenities open t• he residents of Cirrus Pointe: po• cabana, fountains, sidewalks and gated security. 8. Pleas: upply any other information which would reasonably be needed to address t' ' request for affordable, workforce, and gap housing density bonus for this development. Attach . 'ditional pages if needed. undcrllned text 1s added. h text us deleted •nPLCs 557:1:% 1A Page 31 of 31 17 ' STATE OF FLORIDA) C. TY OF COLLIER) I DWIGHT E. BROCK, Clerk of Courts in and for he Twentieth udicial Circuit, Collier County, Flor' .a, do hereby certi . that the foregoing is a true a.• correct copy of: ORDINANCE 2008-38 (:Of Which was adopted .y the Board .f County Commissioners on the 22nd day of July, -.08, d i,ng Regular Session. WITNESS my hand and the . ffcia aea1 of the Board of ,E County Commissioners of C.. lier unty, Florida, this 30th o day of July, 2008 . l a; DWIGHT E. B- 'CK 13 'vtt �Clerk of Cour, and Clem o Ex-officio to :.•arcktz©tf• . N County CommissiD ' s ciwA_ ► . . By: Ann Jennejohn, Deputy Clerk 17D NDN Acct #323534 February 3, 2021 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20190001387 & PL20190001364 Dear Legals: Please advertise the above referenced notice w/Map (NOT to be placed in the Classified Section of the paper) on Wednesday, February 17, 2021, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500205973 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL.,to consider the enactment of County Ordinances. The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT,AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 9.93±ACRES. [PL20190001387] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/-ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] (insert map) A copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front 17D page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Teresa Cannon, Deputy Clerk(SEAL) 170 0 •a�� IX/ o c a) r a)O N L O N a E 0 s 1- Ha agoysAe8 Crystal K. Kinzel 1 7 D ��G�cu,T couRT��o Collier County Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 f�F?COUNT , February 3, 2021 Holes Montes, Inc. 950 Encore Way Naples, FL 34110 Re: PL20190001387 & PL20190001364 Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners, on Tuesday, March 9, 2021. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 17, 2021. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 170 Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, February 3, 2021 2:01 PM To: Naples Daily News Legals Subject: PL20190001387 & PL20190001364 Attachments: PL20190001387 & PL20190001364 (BCC 3-9-21).dot; PL20190001387 & PL20190001364 (BCC 3-9-21).doc; PL20190001387 & PL20190001364 (BCC 3-9-21).pdf Legals, Please advertise the attached Display Ad w/Map (NOT to be placed in the Classified Section) on Wednesday, February 17, 2021. Thanks Teresa Cannon BMR Senior Clerk II {0141, Office: 239-252-8411 a•r. Fax: 239-252-8408 1,4 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County rr* � 3299 Tamiami Trail E, Suite#401 k°eK,n.`` Naples, FL 34112-5746 www.CollierClerk.com 1 Il0 Teresa L. Cannon From: Helmbrecht, Alex <ahelmbrech@localiq.com> Sent: Thursday, February 4, 2021 9:16 AM To: Teresa L. Cannon Cc: Gannett Legals Public Notices 4 Subject: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 Attachments: BCC ND-GC10585992-01.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, The attached display ad is set to run in the Naples Daily News on February 17th for a total cost of $1,040.26. Please let me know if you'd like any updates to your ad or if this is approved to run. Thanks, Alex Helmbrecht Client Success Manager, SMB SUSA NETWORKY L�CALI (888) 263-7991 ahelmbrechlocalici.com LOCALiQ.com 1 NOTICE OF PUBLIC HEARING 1 7 D NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider the enactment of County Ordinances.The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT,AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 9.93±ACRES. [PL20190001387] & AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63,AS AMENDED,THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD)TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD; BY ADDING AN AMENITY AREA;BY REVISING THE MASTER PLAN;BY DELETING EXHIBIT B,THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/-ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] o Project o Location i, t d > 9 ?,-p m lS, Thomasson DR 0 A copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountvfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) ND-GCI0585992-01 170 Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, February 4, 2021 9:19 AM To: RodriguezWanda; BradleyNancy; 'GMDZoningDivisionAds'; FaulknerSue Subject: FW:Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 Attachments: BCC ND-GC10585992-01.pdf Please review - PL20190001387 Teresa Cannon BMR Senior Clerk II ,n I(If Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com - - Office of the Clerk of the Circuit Court &Comptroller of Collier County ,f 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From: Helmbrecht, Alex<ahelmbrech@localiq.com> Sent:Thursday, February 4, 2021 9:16 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 External Message: Please use caution when opening attachments,clicking links,or replying to this message. Good morning, The attached display ad is set to run in the Naples Daily News on February 17th for a total cost of $1,040.26. Please let me know if you'd like any updates to your ad or if this is approved to run. Thanks, Alex Helmbrecht Client Success Manager, SMB MI NSETWOR TODAY LOCALiQ (888)263-7991 ahelmbrech@localiq.com LOCALiQ.com 1 17 Teresa L. Cannon From: GMDZoningDivisionAds <GM DZoningDivisionAds@colliercountyfl.gov> Sent: Thursday, February 4, 2021 4:03 PM To: Minutes and Records Cc: GMDZoningDivisionAds; FaulknerSue Subject: FW: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 M&R: Please see the revision requested by the agent below.Thank you kindly. Respectfully, rieezomed44 eadaKOua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.Rov Tell us how we are doing by taking our Zoning Division Survey at htta://bit.ly/collierZoning. Cot"- County Exceeding Expectations From:Sharon Umpenhour<SUmpenhour@gradyminor.com> Sent:Thursday, February 04, 2021 1:55 PM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Wayne Arnold <WArnold@gradyminor.com>; FaulknerSue<Sue.Faulkner@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov> Subject: RE:Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. One minor revision, "Landings" should be singular. i 17D AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. AMENDING ORDINANCE NUMBER 2005-63.AS AMENDED. THE CIRRUS POINTE RESIDENTIAL F UNIT DEVELOPMENT(RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLIN BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD: BY ADDING AN AREA: BY REVISING THE MASTER PLAN: BY DELETING EXHIBIT B. THE WATER MANAGEMEN" PLAN: BY DELETING EXHIBIT C. THE LOCATION MAP: BY REMOVING STATEMENT OF CON AND REVISING PROJECT DEVELOPMENT REQUIREMENTS: BY ADDING A PARKING DEVIAT RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREME BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEME SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE B/ MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DF THOMASSON DRIVE IN SECTION 14. TOWNSHIP 50 SOUTH. RANGE 25 EAST. COLLIER FLORIDA CONSISTING OF 9.93+/- ACRES: AND BY PROVIDING AN EFFECTIVE DATE. [PL20191 Sharon Umpenhour Senior Planning Technician From: GMDZoningDivisionAds<GMDZoningDivisionAds( colliercountyfl.gov> Sent:Thursday, February 04, 2021 10:49 AM To:Sharon Umpenhour<SUmpenhour@gradvminor.com>; Wayne Arnold <WArnold@gradyminor.com>; FaulknerSue <Sue.Faulkner@colliercountvfl.gov>; SaboJames<James.Sabo@colliercountvfl.gov> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountvfl.gov> Subject: FW:Ad Proof for Bcc Zoning Department GCI0585992 - PL20190001387 & PL20190001364 Importance: High Sue, Sharon,Wayne and James, Good morning everyone. Please find the attached ad proof for your review and approval for the 3/9 BCC date. If you approve, please reply approve.Thank you in advance for your attention to this matter.Thank you kindly. Respectfully, Nettutcha e4uuQua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Alexandra.Casanova(n@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Colter. County Exceeding Expectations From:Teresa L. Cannon<Teresa.CannonC collierclerk.com> Sent:Thursday, February 04, 2021 9:19 AM To: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradlev@colliercountvfl.gov>; 2 17D Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, February 4, 2021 4:09 PM To: 'Helmbrecht, Alex' Subject: RE: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 Attachments: PL20190001387 & PL20190001364 (BCC 3-9-21).doc Good afternoon, I have a small correction in the second title: Landings should be singular. I have attached a highlighted copy of the correct wording. Thank you Teresa Cannon BMR Senior Clerk II 4:0013.t cH k> Office: 239-252-8411 �`e't Fax: 239-252-8408 1 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County c6. '° 3299 Tamiami Trail E, Suite#401 Artit,s(Y.V` Naples, FL 34112-5746 www.CollierClerk.com From: Helmbrecht, Alex<ahelmbrech@localiq.com> Sent:Thursday, February 4, 2021 9:16 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject:Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, The attached display ad is set to run in the Naples Daily News on February 17t" for a total cost of $1,040.26. Please let me know if you'd like any updates to your ad or if this is approved to run. Thanks, Alex Helmbrecht Client Success Manager, SMB UONSETWO K� LOCALIQ (888)263-7991 ahelmbrech[a�localia.com LOCALiQ.com 1 170 Teresa L. Cannon From: Helmbrecht, Alex <ahelmbrech@localiq.com> Sent: Tuesday, February 9, 2021 10:43 AM To: Teresa L. Cannon Subject: RE: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Thanks Teresa—I have this approved to run on the 17th Alex Helmbrecht Client Success Manager, SMB 41) NETWORKY LOCALIQ (888)263-7991 ahelmbrech@.localiq.com LOCALiQ.com From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Tuesday, February 9, 2021 10:39 AM To: Helmbrecht, Alex<ahelmbrech@localiq.com> Subject: RE: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 Legals, Revised proof #GCI0585992 looks good, OK to run. Thanks Teresa Cannon BMR Senior Clerk II ,t.1T cY►t:pr Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County y, ,�e 3299 Tamiami Trail E, Suite#401 4,k° K�� ``� Naples, FL 34112-5746 www.CollierClerk.com From: Helmbrecht, Alex<ahelmbrech@localiq.com> Sent: Friday, February 5, 2021 8:03 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: Ad Proof for Bcc Zoning Department GC10585992 - PL20190001387 & PL20190001364 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Teresa, 1 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9,2021, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples FL, to consider the enactment of County Ordinances.The meeting wil commence at 9:00 A.M. The title of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05,AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT,AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY THE SUBJECT PROPERTY IS LOCATED AT THE NORTHFA_ST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA,CONSISTING OF 9.93±ACRES. [PL20190001387] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63,AS AMENDED,THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD)TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA;BY REVISING THE MASTER PLAN;BY DELETING EXHIBIT B,THE WATER MANAGEMENT/UTILITY PLAN;BY DELETING EXHIBIT C,THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT;AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.934-ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] ❑IX Project o Location �'d CO Thomasson DR A copy of the proposed Ordiurnces are on He with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing:o speak on any agenda item must register with the County manager prior to presentation of the agenda tern to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely,as well as in person,during this pruceedrng. Individuals who would like to participate remotely,should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided an the front page of the County website at www.colliercountyfl.aov.Individuals who register wit receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willio colliercountyfl.00v. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may reed to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239) 252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY;FLORIDA PENNY TAYLOR. CHAIRMAN CRYSTAL K KINZEL. CLERK OF THE CIRCUIT COURT 8 COMPTROLLER By:Teresa Cannon De{xny Clark(SEAL) 141}GCras33]I 170 Naptr& iIattu eft PART OF THE CISA TODAY NETWORK Published Daily Naples,FL 34110 BCC ZONING DEPT 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida,that the attached copy of the advertising was published in said newspaper on dates listed, Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 2/17/2021 Subscribed and sworn to before on February 17th,2021' Notary,State of WI, County of Brown _7 TARA MONDLOCH M Notary Public Slate of Wisconsin My commission expires: August 6,2021 PIJR1.ICATION COST:SI,040.26 AD NO:GCI0585992 CUSTOMER NO:505868 PO#:PL201900011387/PL20190001364 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider the enactment of County Ordinances.The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT,AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 9.93±ACRES. [PL20190001387) & AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63,AS AMENDED,THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD)TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA;BY REVISING THE MASTER PLAN;BY DELETING EXHIBIT B,THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/-ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] CL a Project �. `oco Location � 9. a co 1. --"N... .9 Thomasson DR 1 A copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www,colllercountvil,00v. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to _ffroy,Willigk*ggJliercountytLgov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239) 252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) NC-GGO'b5Ps2-0l N ante so WS cons I tEO:NESnAY.FEBRUARY t'r,Fair I 99 Charges dropped in Democratic congressman sues • Central Park incident Trump over role in Capitol riot Erin Tucker liens that shielded him,a5 president _ The.Silo Imre,the<hawn-mil effort White woman had called ro aeatRa hyTnmrmil;Mil Giuliani a east Ikeda am 911y WASNINC,Tt1N ll Horne Name- the election nasals even though Csuris on Black bird-with:her hold aeon rhailinart accused Dun- altos'the country and slate election old Trump in it federal uh Tuesday officals repeatedly rejected their base - Ryan W Mill sari ' 4W ,< ' of Inciting the deadly insurrectionl less allegations of Gaud Despite Ell- -4 " r,• 4. :a'T^a 'hells Cap't I I..-.apt:i g 'U h dance to the'lathery,the skit says,the • 2 i. , ' Ina,m n, esvem c:group I t I men pnnraved the election as Ronan f I g din star fuestlav c preventaCosmc.from terrify g tic while Thump'endorsed rather thin against Am.C.ptif,II.w hit,',oaf,. 1 J e, hs of the presidential ek,non he discouraged"threats of violence from 1 salted poi Black h d arils V - hut i a.1rie Bitten hisangry supporters in the weeks lead Wa h Park tam Slue atterr lA rVthria The lawstril from D011elirtAtit Rep ing up to the assault an the Capital stir smpleirnaiswimethi akin nod Amy CaapO.who strewed talc e p e Th arann of Al nsl.lppi is -The carefully nrchealmted series of therapyp:llfuani fr<used un ratio,rc, spring for rallmg 911 awing a dispute , pall of ne i ed led wave of litigation tx that w,fold,Nlat die tiavr.Amer- stay,promotion;said with a Sleek man in New York's Central r the Jan 6 assaahand is believed tea ally and the storming of the Capitol Cooper was facing it e.isdetnrano, Part,had her tenJnat to;.dismissed I to br the first filed by a member u1Con- was nu accident or coincidence, tile large or falsely reporting an incident raesday,'m.nr..coons Via se rat tress It seeks amspecillet punitive and suit,ovn I!wastheintendedarilfore- In police alter pronecutors said she compensatory damages IItalon names acrobleculmtnalinnofa carefully cone • - twice called all claiming that Ihtis.tan Cooper was rive:der:M,re,an,i Ilk:dto ill,•i,.idenlcavuric,I II.„s.mw A:, i p-lu,nas l'.lot,,anddy the Pru Buys legal tined ass r qui'rdgn to to confirm ch the y l and 11$l nit K epe the tremi 1 n r- 1•llyl!uncles ost l to l the attack her n aGernert Piln pint hth in i to Red his and all Omit l have admen err lolly of lades cast In the Electoral Cal- Chriah:o,Cnoi,er,who is not rclalc.l its a chile polite n1Gt.•r messed his i ganiu'stinm dial have had mrmbra Inge' balmy Cooper.said he asked the worn• knee into Noyds nick v idea of fly ills chatted by the Justice Department Presidents are historically afforded an to leash her dog in an area of the death scan also Iirsl sh1,e,on social ' with raking part in the assalih broad immunity from lawsuits for ae • - park that regnoes dogd to he un ie".aril spay ked months of unrest -All I winded fa Au was do my job, lions they lake a their role as tom- b-ashes I!r pnf a video firs he incident across the:moors'dene,m[ho feria! • and the Insurrection that orcnrrrd pre- mender In chief and head of stele on F.r.Awok The video welt viral anal inns a end et noes to m,hn WE vented me from doing Heat."Thompson -Inciting a riot,or attempting Ur in- let,In Ante Cw•Per lacing fired Gam tier Pmsc tutors Ars,n , eel in Jute add repotlors Tuesday os he recounted letfere with the Congressional efhats to .asset manageolre rnrof.iy liar they nere pasuitteth:vge'In 1hr i his harrowing expel ier.,es as Tramp ratify the results of thee:Welton that are .'t'ssislaot Uisirict Afror trey!van IF Cooper case Thec!aar a Irorien1eannr • loyalists Woke into the Capitol and Aia- commended by the Cunslltutkin.could I¢:ei Mier a jriPgea'uc.day that Cooper Am ,'h y Canns ,,I laced o '-carry up to • ruined the constitutionally mandated not conceivably be within the.scope of completed five therapy s cess l ,a in pitson pro of setlifytng the election ordinety responsibilities of the presi- -lam Red on the way%in which Ms iltnrri said the°tire ailed for the A'frump adviser,Jason Miller,said dent;JoaephScllers,alawyerwhorep- Cnopc: Iru`J appreciate deal racial therapy pragmnt inst.-rid beta:rse of in:,statement Mal Tnanp dKJ nut arga- escnts Thompson,sort)in un Inter- Iden,hies sit ape our lives huh ma-tannin Cooper's lack al a,ttmtinal history Maelhe rally that preceded the riot and se the le harm ourselves others" Cnnper un'.ngi.;rd shortly alto !dill tel incite or conspire to Incite any view u m o p "In thin respect,because of his con- Itlunti asked that the nnsd•meanos vistas of Ina ineidenl'plead on social videnre at the Capitol on Jan 6th"A duet,he Is just like any other private charge be dism,ssad,citing Cooper's media nu;her emple.er,the in` lawyer far Ctu!iani did non Immediately citizen,"he said etrope::,inn i.r III::program.and the moil (bail Franklin la amrIsaln.final tenon an seek ing king comment Selleo,a lawyer svilhlhctvashing- jwlge granted ia nnted d:.rluliuM:o,l:attan het the nest day The sales,garnered The suit,filed in Adam'not,rl in tun law(Inn of Cohen Milstein,filed thy District Anntile.Cy Vance hod'Aid national arch,, alienate, .,met New Washington tinderra Reconstnlctinn- case along with the NAACP.Srseral Caoper'engaged.:acuherim,nal con- York my Mayor pill fir Biasin coix era law called the Ku Klux Klan Act, other membersofCongreaa ate expect- Mire titian s-e repcned chris,.iau demised Coopers actions saying they contra three days after Trump was ac- ed to join. I baps,toiacikr exemplified Mal:erg that has To pl,cr In quilted to a Semite Wspeaehment trial While I louse press secretary len Am ;it lot tie:. fur (Ill',, Roheal Ifni ell y' - Huai cemeted in allegations that he lit- Psaki told repartees Tuesday Owl Bklen names.pr-,:iscd the Jeri;ton:mil the Christian Cooper,be r.I. .I I.,.- cited the rim,in which Eve People dtnh suppnns the righls of iudivWnls u 'id district attorney''office at."s ills v,p:,n,rrhde 111 life p'use'u'iun Thai at quinnl is likely to open the dour take steps through rho judicial proc- oughE honest inquiry' 11hmk it's a mistoke to loran,in thin to fresh legal scrutiny over Trumps oc- ass,'hutshedeclinedtocommentior- -WethankMeinForrheirtntegainA sure in,ividunl:he en ore to an 00111011 moos before and during the siege.Addl- the:, concur w;the outcome Olhets rashes purr fat The hla%hlrgmn Post in tidy Anita I suits could be brought by othet Though the impeachment ease fo- In the wrong:nnetusfon based on mad- -The anp.ulant thing the incident members of Congress or by law en- meted.aqn.rely on accusation of In- eywle in:•rsttgativa A.they may yet highballs is the Nang-stalkible,deep- forcemeat officers injured while re- citemenl,the lowsttit more broadly ac- face legit: its n•e,laaores; Baini.o seated tuba!bias against us Black and spundillg to Ihc•riot ruses Trump of conspiring lu dtsnrpt here lad. bfowl,folk that permeates the United Even some'republicans whet voted the constitutional activities of Cons In the eaten.Am;'Cuupat was seen Stews -Was that can bring Iron if,c to acquit Trump on Saturday aeknoyl- gees, -namely,the eertifteatien of calling Bit and 17antic.11v plc0th,, n.cge,cnrc:, :,,,gill,the killing nl okra rho)the name proper venue to election results establishing Eiden as "Heas9 tend the,_00,rn•,n J t ly as Ca...Re rl yd tr..1.1;orcapnirs later rhr kilo,,h Trump was in the roods es- the Veldt-0 winner. he li.i!inn i Oil ifi I lee iiilliri, hod I:i At y Carlos.•., r,:t li now I,' ,--'mod lief Ind hv•dun ,, ..n.,i,,;.i, f lot••yaI d 1„1Stu`f„lass I'f1 the White u e n legal proles-- NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF INTENT TO CONSIDER AN ORDINANCE was- ass eta...as as , sass rswei •+nvi a f rq ,vary u.o-a. M lass e `.n 's - Nr , r 111...+..rear, n.oa. .its •. ,.rtiN • v n -.. r.. e.r i .. ...,...a v-... .- ...rk7ta.r P.r.[eaw,a„M'«,var.,kr n.a i.r ro,+.ra. ... a.y..ir u ow roues m roams ntatat warn,or X r , metal a I e, y rows.fifw 1,,I., • a„ toss, r ta:h as .ix+n u ea,Yit .n1MA Ins .ti Mpg,' (VW a 1VI t r 1 Ira rimassreur ,'%T T GM1trt. 'g RW A vi-i meta Sxaa% n T ...,.rX mow.: tifvfin if M - YR N rr Nf- rc a.a ,i+t uus oewialnWoi M• .. K J a9.1 nwaa 1 .0 l e HI Vat/M.sw r omr p ry r• 1rt'i ., {kGata�aaymtiraf►der Me-11"'"al 'f f tr ,N'if a W W la TKr W ApgSyialer flier j...0r, (.�. tins, t p,6 r' "V1ta reiirpt Td µ 100C1 h. .7,1 S• ,,to,,, ,41 I w 0e11 Mae RM�tpl r�t�,� y Mmac 1 I aR. W Wet 5 Wr1ll.K W�ltW Y N,as N Ja# IS.rai w.t,ea. NWak; clam {a AA I. A grr,w./JOrfeeernkeK .,.lit lit 4a U l,.P.1i. 11I fili.1aY,awir[ •k+tier,a urnt a.yprlANa 0 Project re Project Location r Location Jravi I;... o m CO lit' F Ggka o Tlinnusgon DR ' ` C.0 0 6a tom/ 0 r.7$ I-75 S s r• ash ,4e a•�. .,,raw ,.sa.aen.-,[save .. ! r I N,r« r. .awl..:. rYFi,.. 0000, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (NC- _ /V _ I 4. BCC Office Board of County Commissioners 445/ jQ I 5. Minutes and Records Clerk of Courts Office 3/1p jai ID:(3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff James Sabo Phone Number (239)252-2708 Contact/ Department Agenda Date Item was March 9,2021 Agenda Item Number 17.D. Approved by the BCC Type of Document Ordinance Number of Original 1 Attached c710424— /3 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? J.S. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed J.S. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the J.S. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's J.S. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip J.S. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 9,2021 and all changes made J.S. N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the \ �an option for Chairman's signature. ` jib.line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 170 MEMORANDUM Date: March 16, 2021 To: James Sabo, Principal Planner GMD - Zoning From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2021-13: PL20190001364 — Camden Landing RPUD Attached for your records is an scanned copy of the document referenced above, (Item #17D) adopted by the Board of County Commissioners on Monday, March 9, 2021. The original document will be held in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 170 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, March 16, 2021 11:07 AM To: 'County Ordinances' Subject: CLL Ordinance 2021-013 Attachments: CLL20210309_Ord i nance2021_013.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2021-013 Teresa Cannon BMR Senior Clerk II v tT{Ys.k Office: 239-252-8411 ot h1.x Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County yi 1, 3299 Tamiami Trail E, Suite#401 `k+<H'1�`` Naples, FL 34112-5746 www.CollierClerk.com 1 ORDINANCE NO. 2021- 1 3 1 7 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] WHEREAS, on November 15, 2005, by Ordinance No. 05-63, the Board of County Commissioners created the Cirrus Pointe Residential PUD, which was subsequently amended by Ordinance No. 08-3 8; and WHEREAS, RHD Development General Partnership, represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the RPUD and terminate the affordable housing agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibit "A" to Ordinance No. 2005-63, as amended, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit "A" and incorporated herein by reference. [19-CPS-01948/1610169/1]161 Camden Landing RPUD\PL20190001364 1 of 2 3/3/21 1711 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021-12 becomes effective. PASSED AND DULY ADOPTED byqtrr-majority vote of the Board of County Commissioners of Collier County, Florida, this h day of /liar L it , 2021. ATTEST:(' BOARD,OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIJ3XJNTY, FLO: :A By: 4 Ir1.8 pe$t at tOthanVig uty Clerk Penny Taylor, Chairman Anature only. Approved as to form and legality: adt Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - RPUD Document including revised Master Plan This ordim.-2nce flied with the Sccret,t_cry of Sot '. , tidelioy of illiattOt 471_4_al end ocknow'iM:jc,r71, -4 ac,' fihiciicia•ed the'0.6S14117%cic..v), oi -P6‘1104C- A,K0+•__ ner.ry C!strk [19-CPS-01948/1610169/1]161 Camden Landing RPUD\PL20190001364 2 of 2 3/3/21 110 CIRRUS POINTECAMDEN LANDING RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTECAMDEN LANDING RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIBISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 1554 Mr1NITEROSSO 1 A NE #2 NAPLES, FLORIDA 34110 KHD Development General Partnership PO Box 110062 Naples, Florida, 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 AMENDED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN, YOVANOVICH &JOHNSONKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED March 3, 2021 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 2005-63 Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 1 of 28 Revised March 3,2021 17D TABLE OF CONTENTS PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES 1112 STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 35 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 57 SECTION III RESIDENTIAL AREAS PLAN g11 SECTION IV PRESERVE AREAS PLAN17 SECTION V DEVELOPMENT COMMITMENTS 4-418 Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 2 of 28 Revised March 3,2021 I. 7 0 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY MASTER PLAN NOTES EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Words stare-lam are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 3 of 28 Revised March 3,2021 17D STATEMENT nF COMPLIANCE The develop • - • • Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD .ons: the Future Land Use Element. able sections of the Collier Element. protect the fun companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 • Affordable Housing Project Within the Urban Coastal Fringe Subdistrict Base Density dwelling units/acre Traffic Congestion Area 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Reque&ted density - 1 n 89 d units/acre Maximum permitted units - 9.92 acres x 11 dwelling units/acre - 109 units Requested dwelling units - 108 Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 4 of 28 Revised March 3,2021 170 , Adequate Public Facilities Requirements and Secti n 10 — new Collier Words sigh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 5 of 28 Revised March 3,2021 1 ? D SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE • 1.21 LEGAL DESCRIPTION The subject property being 9.932± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1 .32 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third .KHD Development General Partnership, PO Box 110062, Naples, Florida 34108 � A GENERAL DESCRIPTION OF' PROPERTY AET T. A. The subject property is located at the northeast corner of the intersection between Bayshore Drive County), Florida. • 1.5 PHYSICAL DESCRIPTION tained ditch located along the ea • • • elevation 8 0 feet NG\/D Words struck through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 6 of 28 Revised March 3,2021 17D perimeter berm with crest elevation set at or above the 25 year, 3 day peak flood vegetation ar as prior to discharge into the drains SFWMD will be imposed upon this project including but not limited to: storm h were present in the mid were recently removed. 1.6 PROJECT DESCRIPTION units. These units are intended for development as a multi family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and , whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". Words c-trough are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 7 of 28 Revised March 3,2021 170 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan dinances, the respective land 2.21 GENERAL A. Regulations for development of the Cirrus PointeCamden Landing RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. B. Unlecs otherwise noted, the definitions of all terms shall be the same as the d efini ions a t f^ter-che Collier County I and Development Code ct C. All conditions imposed and graphic material presented depicting restrictions ch govern tn, developed. , where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. 2.3 DESCRIPTION OF PRE ECT DI t,nl t,nln Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 8 of 28 Revised March 3,2021 178 {1 B. Areas illustrated as lakes by Exhibit"A" shall be constructed as lakes constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and d+y areas snail be in the same general configurations and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be . . . . the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0A 1 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT OF WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.42 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The A maximum of 108 127 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. than 3.0 Jtiy Bonus Agreement (AH 2c_REI ATED PRO ECT DI AN APPR� Words s4Fucic-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 9 of 28 Revised March 3,2021 170 A. Prior to the recording of a c t for all or part of the RPUD, final Collier County governmental agency to insure compliance with the RPUD subdivision rules, B. Exhibit "A", RPUD Master Plan— andEhibiII 6"RPUD Subsequent to or concurrent with RPUD approval, a subdivision plat, if shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Codc, and the platting laws of the State of Florida. . . , . . development order. development contemplating fee simple ownership of land for each dwelling the Land Development Code. e time of infrastructural 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may and Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of }thee. 1Land Development CArlo r 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN }he I nd Development Code. Words strife-lc-through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 10 of 28 Revised March 3,2021 170 2.8 PROPERTY OWNER ' ° OCInTION FOR COMMON RE nnniniTEN NCE Whenever the developer elects to cr tc land arga and/or rccr tion amcnitics for the establishment of a property owners' ac•soci include provisions for the perpetual care and maintenance of all common facilities and open spaces. Words meue-k-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 11 of 28 Revised March 3,2021 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The A maximum of 108 127 residential dwelling units may be constructed in the total project area equaling 30 base units and 97 units from the Bayshore/Gateway Triangle Redevelopment Overlay density bonus pool, as limited herein. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. If after seven years the bonus units have not been utilized, the bonus units shall expire and not be available unless reauthorized by the Board of Zoning Appeals. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: RESIDENTIAL: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings (for sale product only, limited to townhouses and condominiums) 2. Any other principal use,which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. B. Permitted Accessory Uses and Structures: 1. Customary aAccessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, open space or passive park, dog park screen enclosures and utility buildings' • Words struck-thfeuegh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 12 of 28 Revised March 3,2021 17D 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fis-hin-g-elocFs,-walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 4. Gatehouses and access control structures. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. AMENITY AREA: A. Principal Uses: 1. Community recreation facilities. Outdoor/indoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features intended to serve residents and guests. 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their quests. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or Hearing Examiner. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus PointeCamden Landing RPUD Subdistrict. Standards not specifically set Words struck-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 13 of 28 Revised March 3,2021 i n) forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Words struck-threugh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 14 of 28 Revised March 3,2021 i70 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI FAMILY Minimum Lot Area (per unit) NA Minimum I of Width NA Front Yard Setback (1) 15' (2) Side Yard Setback(1) 1 Story 7,51 2 Story 4-0! 3 Story and Story 11.25' Rear Yard Setback(1) Principal Structure 20' Accessory Structure 19 RPUD Boundary Setback (1) 1 Story and 2 Story Homes 1-51 3 Story and '1 Story Homes 25' (3) Accessory Structure Preserve Area Setback Principal Structure 25' Accessory Structure or infrastructure 141 Lake Setback ('1) 20' Distance Between Structures 1 Story 2 Story 20' 3 Story 5' Accessory Structures Maximum Height: Principal Building /10' or 3 habitable stories over Accessory Building parking 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 area will be provided for each setback shall be incr ased to 23 feet where both RPUD boundary. Words leugh are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 15 of 28 Revised March 3,2021 17EJ STANDARDS MULTI-FAMILY AMENITY AREA AND ACCESSORY USES THAT ARE RECREATION PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF N/A Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Maximum Height 61 feet 25 feet Zoned 71 feet 30 feet Actual Minimum Distance Between Structures *1 20 feet N/A SETBACKS (MINIMUM) *2 Side Yard 10 feet % BH PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 25 feet 25 feet ACCESSORY STRUCTURE*3,4 Maximum Height Zoned 35 feet 25 feet Actual 40 feet 30 feet SETBACKS (MINIMUM) *2 Side Yard 10 Feet 10 feet PUD Boundary West, North and East 50 feet 75 feet South 25 feet 25 feet Preserve 10 feet 10 feet BH—Building Height(zoned height) LBT—Landscape Buffer Tract LMT—Lake Maintenance Tract *1 —The minimum distance between buildings may be reduced to 0'with a shared wall. However, the principal structures shall maintain a 20'minimum separation. *2—No structures may be located within the county drainage access and maintenance easement shown on the master plan. *3—LBTs and LMTs will be platted as separate tracts or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. *4 — Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the proiect's entrance features are permitted within the"R"and"AA"designated areas abutting the proiect's entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words elc-dough are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 16 of 28 Revised March 3,2021 17 B. Off Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1 n minimum of sixty / erc� open space as described in Subsection 4.ti-1 .02(, 7 of the Lann De'Yf enti�vvd shaail be provided on site for any residential project. 2. A minimum of 1.81 acres of preserve areas arc required to be provided on_sito emphasizing th„ largest contiguous area possible, as described in Section 3.05.07 of the Land Development Codc. The owner/developer has agreed to provide a total of 2.21 �a�crre� ' d acres of pp reserve a��?��ese droll consist of 1.43 acres of retaine i native vegetation areas and 0.78 acres of newly created and Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signag�e,, landsconing and visible architectural simill r rm at riallcTFnd--CPIor —throug7hout all of th uildings,slgns,�and fence walls ta-be-erected nn all of the s„bject parcels. Landscaping and site n l ff? except for carport shall be peaked and finished in tile, metal, or architecturally designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. Words strucI through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 17 of 28 Revised March 3,2021 0 B. Deviations: 1. Deviation 1: Relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi-family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 2. Deviation 2: Relief from LDC Section 4.02.01.B.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space to instead allow the RPUD to provide 54% usable open space. Words struck eugh are deleted;words underlined are added Camden Landing RPUD-PL20190001364 Page 18 of 28 Revised March 3,2021 170 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PU-D-Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures as allowed by Section 3.05.07.H.1.h.ii of the LDC. 4. Native preserves-and wildlife sanctuaries Words struck are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 19 of 28 Revised March 3,2021 170 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpn a of thi Section i to set forth the commitments for the development of this project. 5.21 GENERAL As a condition of Board approval, 30 days after the zoning appeal period closes or 30 days after the Owner prevails in an appeal if an appeal is filed, the Owner shall make a payment of $320,000 to Collier County. This payment shall satisfy the County's request that the proceeds from a prior loan provided to the prior developer for construction of affordable housing units within the project be repaid if affordable housing units are not constructed within the project. If payment is not received, then the zoning automatically reverts to its current zoning prior to adoption of this 2021 Ordinance. regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and • The developer, his strssessor or assignee, &I all fetlow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or 5.32 RPUD MASTER PLAN A. Exhibit"A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Words truc'�gh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 20 of 28 Revised March 3,2021 170 5.43 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION phases and construction is anticipated to commence as soon as all development permits and financing are in place. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is KHD Development General Partnership, PO Box 110062, Naples, Florida 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, , Site Development Plans. 5.64 WATER MANAGEMENT Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 21 of 28 Revised March 3,2021 170 A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. DA. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. B. No blasting shall be permitted. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No 90 1 n as amended 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier rules and regulations. R Thi RP D is loc ter! within the Collier County Water/Sewer District and is Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. CB. Although the site is entirely within the Collier Cou-nty Water/Sewer District, Utilities Divi ion In lies i of connection to the aforementioned A inch force main, connection to either the 12 inch force main on Bayshore Drive or 12- inch force main on Thomasson Drive shall be preferred. Words to gh are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 22 of 28 Revised March 3,2021 170 5.85 TRAFFIC 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 Collier County Land Development Code. B. Arterial level street lighting shall be provided at all development access po�vnts.Access tins sh ce prior to the iss ce ref the first certificate of occupancy. the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat sees shall be consistent with the Collier County Accec.c Management Policy(Res. 01 247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be leaf than the number depicted von the RRI ID Mast Plan• how nn dditional ccess points shall be �r�--rQrr-rTv�vice�e'r, nv--amvrKxr�Qo .,., �....���... ..��...�� ..... considered unle-s a subsequent RPUD amendment is approved. D. Site related improvements (as opposed to system related improvements) nececary for safe ingress and egress to this project, as determined by Collier aalll nott be gib for impact fen credits. All required m p vements shall he in place and ayaailaa,bleto the public prior tn__the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights of way or public easements shall require a right of way permit. G. All proposed median openings shall be in accordance with the Collier the Land Development Code, as it may be amended. Collier County the Fig-h4-te modify or close any median openings existin„ at the time of approval of this RPUD which are 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. Words struck through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 23 of 28 Revised March 3,2021 170 HNothing in any development order shall vest a right of access in excess of a right in/right out condition at any asses.. point. Neither shall the existence s, a point of egress or a median o„eninn nor the lack the-reof,, be-the basis for any f„t„re cause of action for damages against Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity cr atcd by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights of way or easements, compensating right of way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right of way or easement is determined to be necessa the cost of such improvement hall be borne by the developer and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access ��Terc erections with thi e" pment The developer or assigns shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants. M. The developer shall replace the temporary asphalt sidewalk along of the first certificate of occupancy. NA. The developer has provided Collier County with a right-of-way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. Prior to approval the issuance of the site development planfirst residential or group housing building permit, the owner shall deed overconvey the area of the right-of-way easement to Collier County in fee simple free and clear of all encumbrances and at no cost to the County. tThe right-of-way easement is located at the southwest corner of the subject property to Collier County. B. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. Words struck-through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 24 of 28 Revised March 3,2021 170 C. The RPUD shall be limited to a maximum of 73 p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. D. Prior to the issuance of the first certificate of occupancy for a residential dwelling unit, the owner shall convey to Collier County and Collier County Water-Sewer District, the lands identified on the Conceptual PUD Master Plan as potential ROW easement for Future public roadway and utility improvements. The Developer shall receive Road Impact Fee credits for the conveyance, equal to the fair market value of the property being conveyed to the County. The credit for the Road Impact Fees identified in this PUD shall run with the land identified in Section 1.1 and shall be reduced by the entire amount of the Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned as permitted by County impact fee procedures. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is applied for. The credit applies to Road Impact Fees and shall not apply to any other type of Public Facility Impact Fee. 5.Q6 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site cl aring, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. GA. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. B. All buildings, lighting, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, Words struelceugh are deleted; words underlined are added Camden Landing RPUD-PL20190001364 Page 25 of 28 Revised March 3,2021 17D or architecturally-designed shingles (such as Timberline). The residential buildings shall be concrete or precast concrete construction. C. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. D. The project shall be gated and fenced, and the developer will provide each building with secured vehicular and pedestrian entrances. A minimum of one space per unit shall be provided below the units in the secured parking area. E. No parking spaces shall be permitted on the north side of buildings adjacent to the northern PUD boundary. F. Outdoor security cameras shall be provided within the project. G. The pool amenity shall be completed no later than the issuance of the 55th certificate of occupancy for the residential option only. H. Any wall or fence facing Bayshore Road or Thomasson Drive shall be required to have architectural features and finish. A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years from the effective date of Ordinance 21- I 3, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. 5.4-07 ENVIRONMENTAL A. Environmental permitting shall bee in accordance with the State of Fl^oridcda E mr nvironentaRl e-siource Permit Rules and be subiest to re„iew and approval by the Environmmieental-vet vines t f f,ff. B. Areas that fulfill the native vegetation retention standards and criteria Of-4he--Crowth Manatgement Plan—shall be--set aside as presce— All conservation/preservation areas shall be designated as preserves on all to tes Preserve-areas shall be-dedicated en the-plat-to the „reject' homeowners association or like entity for ownership and maintenance of the Collier County Land Development Code. Words struekc-Through are deleted;words underlined are added. Camden Landing RPUD-PL20190001364 Page 26 of 28 Revised March 3,2021 I n U In the event the project does not require platting, all conservation areas hall be recorded a con eryation ements dedicated to proiect's homeowners association or like entity for ownership and maintenance C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places erTa °P� ent '{f 25 eet from the landw rdedgge o-f--wetlands. Where natural buffers are not possible, structural buffers shall be provided in—a.c�tdan +tth the State of Florida € virre-nmmT tal sources Permit e•n�c'e-.�v�crrvca r�rrrrrc Riffles anrd he subject to review anrd approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. Thi nl n shall i elude m odology an -a-time scherdule for removal_o.f gxotic vegetation within the conservation/preservation ar as. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying method to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G` This RPl D sh ll comply with the—enviro lmen al sections of thee Cvlmer of the Growth Management Plan in effect at the time of final develo�n order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those All principal structures shall have a minimum setback of 25 feet from the shall have a minimum 10 foot setback. d 4ll C tegory 1 inv sive exotic plants as definerd by the Florirda Exotic Pest Plant Cou-n-- it h II be removed from within rpresence areas ld an su u bseqent Words strveli-through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 27 of 28 Revised March 3,2021 17Q annual removal of these plants tin perpetuity) shall be the responsibility of the property owner. A minimum of 25% of the on-site native vegetation must be retained. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres which is 1.81 acres. A minimum of 1.81 acres of preserve area is required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. 5.8 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. 5.9 LANDSCAPING Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. Words struck-through are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 28 of 28 Revised March 3,2021 1 7 D NV(11;01 OLOL//L/LI 0MC14A1H-NVlrl NRISVY1 Y IIPIHXI 6L-VAlr\SONIMYNO\(49fL ONY/RS1-610L1.1)Otlrl ONIONY-I NVIOINlN 6L-VrI1Y1\ONINNV1X - Mehl\,1`NINIy1A•51110Vlgl'P")0\\ L0 N ZONED:RMF-6 a- x 6 0 RESIDENTIAL II R AVALON ESTATE UNIT NO.1 - o 6 y (PLAT BOOK 3,PAGE 62) �Z—` I K R o d E _ W o R J a f/!Z � `\��ZO�Z�����1ZO�Z�j Q off ; ps 16'WIDE TYPE'B'LANDSCAPE BUFF�� 7 LL a zz CL mI 4: I ./ N R. a Ii(II`�I( w 2 NWY Uz W 0 ,; III"� LY � Q a Z0 U p� m Ao ,� , � a�wQ m� \ =w Lnb p v wQ •Q Q g o o / U)0 $p ai . „ > i Ct W � /51 p �1 H j;; a �0 !s �ifq1lI 1l • Iii ce . \ ki)IP' ) • I �z N�y =' iy CCw $..I aS N Y a U W . „,.,„, O c g m c p U' el W N a e.. 5Zza ) �; ` ' — ! >Q oo° , I i \ !, 03 • • mow¢ \\\ �� o° m 2 Y / / —�\� /%% 2 Z. Et to • w��i ot J • •e' CN/ i ` a re g%r, Fr g C1 $ r � a V N (,Y E m °' pDa C ji 0_ Ln Li j in LTI n K • \ \. KO m w 1211 t ci w /%i LLB 0 co N w —1 \`Ili \, +'\ %fy a fx > Y :f; jay o 0 (1IIIllw i, jti o Do m z " pi i/i y/ , , %•1 0 hl 0 ° �; o w k.. �/ I /y H Z w w lIIl1 (�� ,/iiiiii �1 "' ww w I /1 a w > U) el y < wO w b :'?�'. .•f I1 w a CC u %` ' m Ct _ Q JJ I U M Q LL - 7 w O <CK 1.11 /1 � Wo zD 0 w 20:WIDE TYPED'LANDSCAPE BUFFER/1 U Iw U) Q z ZPA } o Ha w > w in in2 w Et Q N 0_ d z Q LU 0_ 12 Q Q_ 0Z Lit 0 BAYSHORE DRIVE m % \ Q (100'RIGHT OF WAY) n. W -.` % Q Ce 170 SITE SUMMARY TOTAL SITE AREA: 9.93± ACRE DEVELOPMENT AREA: 6.71± AC. (68%) PRESERVE: 1.81± AC. (18%) UTILITY, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT: 0.41± AC. (4%) ROW EASEMENT (BOOK 1090, PAGE 1697): 0.21± AC. (2%) POTENTIAL ROW EASEMENT AND UTILITY IMPROVEMENTS 0.79± AC. (8%) MAXIMUM DWELLING UNITS: 127 (12.78 DU/AC X 9.93 ACRES) PRESERVE: REQUIRED: 1.81± ACRES (7.25± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 1.81± ACRES OPEN SPACE:12 REQUIRED: 60% PROVIDED: 54% DEVIATIONS: 1. PARKING SPACE REQUIREMENT 2. OPEN SPACE REQUIREMENT (APPLIES TO ENTIRE PUD) 5 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO 77 AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. a (, �7 CAMDEN LANDING RPUD SCAN. GradyMinor o.near wm0r 0na nsn0claten.r.n. EXHIBIT B +oeyc0oe19 :uuw vla oal Itcy Aunlla surhlt;n,RIorIJa 31t31 DATE �PA MASTER PLAN NOTES JULY 2019 Civil Engineers Land Surveyors • Planners • Landscape Architects eI a HAMe: CerI of Au01.EB 0005151 COO.of Auth.LB 0005151 Business LC 26000266 Th_9 MAW A 91Y'0 Row.. BUllil.il tipringe:239.BA7.1144 lvn B.l;f.0 i/vMinnr.rnm Folt M)'er6.239.6x/1.J3a0 REVGED: 1/05/2020 SHEET 2 OF 2 9 170 1 ),, Np N 2 G9 ZO/IMO ' m z� L... I1ND€VLOPED . , a A � ' `■ . iI Q)73 I BAYSHORE DRIVE(RW VARIES) 9 1TTT 4 r -T____.�s—. if li i;Ili 4•V a ;1 .V4 13 1 1 5f ' n one _ ;_V{rn Ia� I , U .'l1 _ egg I 7 T D 111FiAl II ?i1 I L i a ) I ' ? II?I , p 1 +i o ii'j i II IiII11 I r §-y`- C i r f�mT; li i ..• 2 ill'I 1 PrAi „, r 1 Yoe is ;_ : ;� I C2 1 Iv ��- 1 1 1 l� ` 1 I 1 xo � 1 ( '' ' u?iiiligi i 412 ' Ii 1 __. • y Z 1CA _J W L- F , a. 1 ( S i 1 1A llini z !fi01 ;FIT .1 I ik 8 Ig 1111;44 A 2- ! li 4 I I ),2 I 1 a • a MY'Z 1� I1; I ' ). y © C -. g t 4i :10 Qs: I v i z � � I I 1 Col o at e'..4 y i � f , i j � aoA5 gi 4 'J1 A ,, z M I g r Qar ' II { L § 6.f I I 1 K a« l } . rx fIti_ 11' 1 1 I t l LcL. II. .11 I 5:1 - -�- 1 ; P 1! m > I IIr ll Pi 1 1 I t b :i� ^' I i I Z on nY EXHIBIT•A' 17Q , N ' 1 s UPDEVLOPEO Dig -- NM MIN INEMOIMMO --- I 1 `. r. I 1 BAYS ORE ORPV E9 VARIES► i II I —. t - t r_ --r 1 I A fri , Y: le Al t I $cyI ----r—~--ems 11 i i gli 11 i I 1 Z ,I iii .. fn %T.T. 1 E 1 1i 11 r_— g% 1 a ? ' F i - *A a E a !. _ w., I I i14 lri oC � it � it � � I i m 1 i I 1 1 / D 11 1 11 ,� 111 . I r a F 1' I I 1 ; jai �: �a m ~ tj. 71 ' $ � K ; I � i > ° XJCs 4 1 • rw 'z7) NN • ' I 1 III c 0 •T .', %*. 1 — C17 ... 1 i . a zZi: _ IiI — I E `J'x . z �11 , Y " mom zn � I II I s13IN ,t, i s 'PZZ I0 !ir3 I III A{ I S 3 16 lo!lod!il O 1!--:Nlit: 'I, ° i I@ ma] :.z n I x >m — i T gq + �m. �r 1 � ! i Z wI L y ;i, 4F, • d I I RESIDENTIAL AREA 1I I I di 4II ; 1 fI iY�t OAT I _Jj 1 I Z - . ' �--R rya nrw -i 2 '.. ' i t I 1 ir 4.-;.1 arm' ..jv __.. 4 ; t. 4 _ 1 I 7 0 This space for recording AMENDED AND RESTATE AGREEMENT AUTH • - IZING AFFORDABLE— 4 RKFORCE HOUSING DENSITY B• US AND IMPOSIN OVENANTS AND REST• CTIONS ON R a PROPERTY THIS AMENDED AND RESTA . 6 AG' EMENT is made as of the . day of , 2008, by and be en James J. Fields (the "Developer") and the Collier C unty Board of County Co issi. 'ers (the "Commission"), collectively, the "Parties," and replaces the prior, orig. al Agreeme in its entirety. RECITALS: 00 .-b A. The Developer • ns a tract of real property desc ..ed in Exhibit "A" attached hereto and incorporate• erein (The "Property") It is the Deve ► •ers intent to construct o .ta. a maximum of 10; residential units (the "Units") at a density . 10.89 units per gross acre on t' - Property. The gross acreage of Property is 9. ' acres. The number of . ordable-workforce housing units constructed by Devel. ,er shall be 3-2 44 representing 30 forty (40) percent of the total number of reside ial Units a.tiro d in the development, or 56.4 percent of the approved bonus units. Page 1 of 31 4%12.06 underlined text is added, ruc -thrpu h text is deleted I 7 0 B. In order to construct the Units, the Developer must obtain a density bon fro the Commission for the Property as provided for in the Collier County Mort :ble Housi . Density Bonus Ordinance No. 90-89, now codified by Ordinance 0'-41, as Land De •lopment Code (LDC) § 2.06.00 et seq , which density bonus ':n only be granted by t • Commission and utilized by the Developer in accordanc• with the strict limitations and a. •livability of said provisions. C. The ,mmission is willing to grant a density bo- s to the Developer authorizing the construe ion of 78 bonus Units on the P .perty, if the Developer agrees to construct afforda• -, workforce, and gap Units a- specified in this Agreement NOW, THEREFORE, i onsideration of the a► 'royal and grant of the density bonus of 7.89 units per acre re. ested by the D• eloper and the benefits conferred thereby on the Property, and for oth: good and -aluable consideration, the receipt and sufficiency of which are hereby ackno -d: -d, the Developer and the Commission hereby covenant and agree as follows: L I 1. Recitals. The above R- itals are ue and correct and are incorporated herein by reference. .sue 2. Developer Aare- ents. The Developer 'ereby agrees that he it shall construct up to 32 44 - • - _ _ _ - units, not to exce. . 40 % of the a• 'roved residential densit as ar •rdable-workforce housing units, whi. Units shall be sold in w accordance with the erms and conditions of this Agreement an. as specified by the attached Append' -s A & B, Exhibits A, B, & C, and Appendix C, whic Appendices are incorporated •, reference herein and which constitute a part of this Agree sent. a. The following provisions shall be applicable to the affordable orkforce and •a• nits: (1) Defined terms: In the event of a conflict between terms as defined in e AC 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 underlined text is added u+ae gh text is deleted Page 2 of 31 1 7 D .pplicability of LDC § 2.06.04 "Phasing" shall mean' (a) the phased construction • b •ings or structures in separate and distinct stages as shown on a PUD master . an, subdi • ion master plan or site development plan; or (b) in developments when: •haled construct ,'n is not depicted on a PUD master plan, subdivision master . an or site developmen .Ian, the construction of buildings or structures in a clear) defined series of starts and fini- 'es that are separate and distinct within the develo• ent. (2) Media Income. For the purposes of this Agreeme► , the median income of the area as define. sy the U.S. Department of Housing :nd Urban Development (HUD) shall be the then c ent median income for the .ples Metropolitan Statistical Area, established periodicall by HUD and publish:• in the Federal Register, as adjusted for family size as shown . the tables att. hed hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted fro time to t. e in accordance with any adjustments that are authorized by HUD or any succe • agency. In the event that HUD ceases to publish an established median income . . a •resaid, the Parties hereto shall mutually agree to another reasonable and c• parable ethod of computing adjustments in median income. ,sue 00 (3) Eligibility and •ualification of Owner. Family income eligibility is a "' three-step process: 1) s •mittal of an application by a prospective Owner; 2) c� verification of family ho ing unit provided under the afford. 'le, workforce, and qap housing density bo •s program prior to being qualified at the .ppropriate level of income (ye to low moderate workforce, or qap income) in acc. dance with this Section; 3) c- Ification of eligible Owner by the • - • • e ••'•• - . • e Housing and Huma► ervices Department. e Developer shall be responsible for qualifying Owners by ac• -Ong app • ations, verifying income and obtaining income certification for all afforda, e, •rkforce and •a• units in the subject development. All applications, forms and othe documentation required by this Agreement shall be provided to underlined text is added, text is deleted Page 3 of 31 1 7 CU - -: Housing and Human Services Department. Qualification by the Developer of a , pe .ons as an eligible Owner family shall be subject to review and appmv, in accor. .nce with the monitoring and enforcement program in LDC §§ 2.0. 05 and 2.06.06, ••spectively. ' - - - - _ _ a - e . - - • - - • - • _ •_ ' •'a 9 -- (a) Application. A .ote till owner shall .ply to the developer, owner, manager. or agent to qualify as - low, workforc: income family for the purpose of owning and occupying an affordable- .rkforce ►'using unit pursuant to the affordable: workforce housing density bonus progra e Preliminary Application for affordable: workforce housing unit shall be provide. •y = _ e - - _ _ -inanciat-Administration ate--Housing and Human Services • -partmen as shown in Appendix B. Exhibit A, o� attached to this Agreement and in .rporated by refe -nce herein. (b) Income Verifica ..n and Certification. affordable-workforce housing , unit in the development sh. be sold whose household i ome has not been verified and certified in accorda e with this Agreement and LDC § 2.1. 05. o (c) Incom- erification. The Developer shall obtain w l en verification from ''' the potential occ .ant (including the entire household) to verify all . .ular sources of income (inclu• g the entire household). The most recent year's fede income tax return for t- - potential occupants (including the entire household) may be u -d for the purpos; of income verification, attached to the affordable-workforce housing a• •licant Inco, e Verification form, including a statement to release information, occu• -nt v rification 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. underlined tt xt is added, -+ t ugh text is delcied Page 4 of 31 170 Upon expiration of the 180 day period, the information may be verbally updated fr. th, original sources for an additional 30 days, provided it has been documented • • the perso preparing the original verification. After this time, a new verification f• must be comp :Jed. The affordable-workforce housing Applicant Income Veri ation form shall be pro 'lied to the Housing and .man Services Department as hown in Appendix B, Exhibit B, attached to t Agreement and incorporated by refe -nce herein. (d) Income . -rtification Upon receipt of the Prel inary Application for an affordable-workforce hou .g unit and Applicant Inc, e Verification form, the Developer shall require that a incamp certification fo' be executed by the potential occupant (including the entire .usehold) prior o occupancy of the affordable_. workforce housing unit by the occu.-nt. In • e certification shall assure that the potential occupant has an appropriate h. s old income which qualifies the potential occupant as an eligible family to occupy : a •rdable-workforce housing unit under the affordable-workforce housing densi bonus .rogram. The affordable-workforce Housing Applicant Income Certi ' ation form sh. be provided by the F+eansial • ' .sy Housing any uman Services Depa ent as shown in Appendix B, Exhibit C, is attached to this •greement and is incorporates reference herein. Rando nspection of files containing require. •ocumentation to verify occupancy in accord ce with this Agreement and LDC § 2.06.0k may be conducted a' by the _ • ' : - _ . - Housing and Human Services ► -partment upon reasonable no " e. (4 Annual Progress and Monitoring Report. The Developer shall • .vide the - ' = •••• - - - : Housing and Human Services Department an . nual pro. --ss and monitoring report regarding the delivery of affordable-workforce hous • u• is throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underlined text is added,sockk--f#rrc 11 iext is deleted Page 5 of 31 1 7 U o insure compliance with LDC § 2.06.00, or subsequent amendments thereto. T re.sit shall be filed on or before September 30 of each year and the report sh• be submi -d by the Developer to the Housing an. uman Services 'epartment. Failure to complete and submit the monitoring r- sort to the • .•••. . 'en--a-Rd-Housing and Human Services Department ithin sixty (60) days from the d► - date shall result in a penalty of up to fifty dollar. ($50.00) per day unless a written ext-ision not to exceed thirty (30) days is reque- ed prior to expiration of the sixty (60) day s ission deadline. No more than o such extension may be granted in a single year. (5) Occupancy Res 'ctions. No affordable orkforce unit in any building or structure on the Property shall be •ccupied by the '•eveloper, any person related to or affiliated with the Developer, or by a r=.ident m. ager 3. Density Bonus. The C. ' sion hereby acknowledges that the Developer has met all required conditio . t• .ualify for a density bonus, in addition to the base residential density of 3 its per a• and is therefore granted a density o bonus of 7.89 density bonus u ' s per acre, for . otat density (total = density bonus ,p units per acre X gross acreag- of 44,8.9 10.$9 unit ac, pursuant to LDC § 2.06.00 00 The Commission further . .rees that the Developer ma construct thereon, in the aggregate a maximum ► mber of 108 units on the Propert •rovided the Developer c? is able to secure buil, ng permit(s) from Collier County. 4. Co. mission Agreement. During the term of this 'greement, the Commission ting through the Housing and Human Services * •partment or its successor(s) covenants and agrees to prepare -nd make availab to the Developer any general information that it possesses regarding come limi :ions and restrictions which are applicable to the affordable, workforce or , - • it. 5. Violations and Enforcement underlined text is added,skne 4hroui h text is deleted Page 6 of 31 170 a. Violations. It shall be a violation of this Agreement and LDC 2.6 •.00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce ho ing unit p •vided under the affordable-workforce housing density bonus program e ept as specifica permitted by the terms of this Agreement: or to knowingly . ,e false or misleading i •rmation with respect to any information required or re, ested by the • - a : --•- - _ . •_ Housing and Human Services Departm• t or by any other persons pursuant to he authority which is delegated to them by IC § 2.06.00. Collier County or its designee .hall have full power to enforce the •rms of this Agreement. The method of enforceme for a breach or violation of t Agreement shall be at the option of the Commission by c final enforcement pur .ant to the provisions of Section 125.69, Florida Statutes, or by civi -nforcement as owed by law. b. Notice of Violat ,n for Cr re Enforcement Board Proceedings. Whenever it is determined that there i- a ,iolation of this Agreement or of LDC § 2.06.00, that should be enforced before • e • •de Enforcement Board, then a Notice of Violation shall be issued and sent b the app . .riate department by certified return- 2 receipt requested U.S. Mail, or h. d-delivery to th.• person or developer in violation. w ao The Notice of Violation shall co• ply with the requireme s for such Notices. c. Certifi , e of Occusanc In the eve that the Developer fails to c- maintain the affordable orkforce units in accordance with t Agreement or LDC § v ca 2.06.00, as amender, at the option of the Commission, building ► -rmits or certificates of occupancy, a applicable, may be withheld for any future pla red or otherwise approved unit •cated or to be located upon the Property until the entire • oject is in full complianc: ith this Agreement and with LDC § 2.06.00, as amended. •. Assignment by Commission. The Commission may assign all o •art of its • igations under this Agreement to any other public agency having jurisdiction • er • e Property provided that it gives the Developer thirty (30) days advance written notic- thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added.urttea:-tkroui h text is deleted Page 7 of 31 170 •uties, obligations, or promises under this Agreement to any successor in interest tot • Pr. •erty without the express written consent of the Commission, which consent rn, be withh- • for any reason whatsoever. Any attempt to assign the duties, oblig. ons, or promises nder this Agreement to any successor in interest to the Propert ithout the express writt: consent of the Commission as required by this Section - all be void ab initio. 7. Sever. •lilt . If any section, phrase, sentence or po' on of this Agreement is for any reason held i alid or unconstitutional by any court of competent jurisdiction, such portion shall be dee -d a separate, distinct, and i dependent provision, and all other provisions shall remain e -ctive and binding on tr - Parties. 8. Notice. Any notices • -sired or requir=. to be given under this Agreement shall be in writing and shall either a • person. y delivered or shall be sent by mail, postage prepaid, to the Parties at the foil. , i • addresses: To the Commission: Collier ►aunty Housing a • Human Services Department .sue -se . - • - - - - 3301 East Ta -mi Trail Buildin• H Suite 211 v� Naples, Florida 3• 111204 -b To the Dev: •per: James J. Fields o 15544 Monterosso Lan. #2 Naples, Florida 34110 ~' Wit, copy to: Any Party :y change the address to which notices are to be sent by •tifying the other Par of such new address in the manner set forth above. • Authority to Monitor. The Parties hereto acknowledge that the ,flier C.4 my Housing and Human Services Department or i •esignee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added,sin c-It-t#edgh text is deleted Page 8 of 31 170 ereunder 10. Indemnify., The Developer hereby agrees to protect, defend, inde' nify and h. d Collier County and its officers, employees. and agents harmless f .m and against a and all claims, penalties, damages, losses and expenses, , ofessional fees, includi s without limitation, reasonable attorney's fees and all c•.ts of litigation and judgments - ising out of any claim, willful misconduct or ne• 'sent act, error or omission, or liability .f any kind made by Developer, its agents .r employees, arising out of or incidental to th. serformance of this Agreement 11. Covenants. ,e Developer agrees that all •f its obligations hereunder shall constitute covenants, res 'ctions, and conditions ich shall run with the land and shall be binding upon the Pro. -rty and again- every person then having any ownership interest at any time and fr., time to me until this Agreement is terminated in accordance with Section 14 below. ` • ver. the Parties agree that if Developer transfers or conveys the Property to ano e •erson or entity, Developer shall have no further obligation hereunder and any .erson se= ing to enforce the terms hereof shall look solely to Developer's success, in interest for t - performance of said obligations. t4'- w 12. Recording. This • •reement shall be reco ,ed at County's expense in the `7' official records of Collier Co ty, Florida. c� 13. Entire A. -ement. The Parties hereto agre. that this Agreement constitutes the entir •greement between the Parties hereto and hall inure to and be binding upon thei espective heirs, successors, and assigns. 14. 'ermination. Each affordable, workforce, or qap housing nit shall be restricted '. remain and be maintained as the required affordable workforc= and gag housing .s provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by e itten agreement of both Parties, 16. Discrimination. underlined text is added,�b text is deleted Page 9 of 31 170 a. The Developer agrees that neither it nor its agents sh di• riminate against any owner or potential owner because of said owners race, '.lor, religio • sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable: workforce h• sing unit, it must advertise, sell, and maintain the s. e in a non- discriminatory m. ner and shall make available any relevant inform. ion to any person who is interested in . rchasing such affordable-workforce housin' unit. c. Th. Developer agrees to be responsibl: for payment of any real estate commissions and -es for which it is liable in he purchase and sale of affordable-workforce units. e. The affordab --workforce hou- ng units shall be intermixed with, and not segregated from, the market le dwelli • units in the development. f. The square footag- c% struction and design of the affordable, workforce, and gap housing units shall b: h: same as market rate dwelling units in the development. All physical amenities i- the dwe qg units, as described in item number c=> seven (7) of the Developer Applic. ion for affordab . workforce housing Density Bonus shall be the same for mar -t rate units and a' •rdable-workforce units. For developments where cons ction takes place in more t• In one phase, all physical amenities as described n item number seven (7) of the II •veloper Application for Affordable-Workforc: ousing Density Bonus shall be the same i •oth the market rate units and the aft. dable-.workforce units in each phase. Units in a bsequent phase may contain • erent amenities than units in a previous phase so long a • e amenities for market -te units and affordable, workforce, and qap units are the same 'thin each phase - d provided that in no event may a market rate unit or affordable-workfo e unit in a, phase contain physical amenities less than those described in the Devel• xer • •plication_ 17. Phasing. The percentage of affordable-workforce housing units to which undcrltned text ts added,urn-throwek text ts delete Page 10 of 31 170 he Developer has committed for the total development shall be maintained in ea, p se and shall be constructed as part of each phase of the development o- the Prop- • . Developer commits to 30 40 percent affordable-workforce housin• nits for this proje. , with 30 40 percent of the units in each phase consisting o• affordable: workforce un . 18. Di- losure. The developer shall not disclose to pers. s, other than the potential buyer or I: der of the particular affordable-workforce ousing unit or units, which units in the deve • •ment are designated as affordable- , •rkforce housing units. 19. Consistency. This Agreement and autho• ed development shall be consistent with the Growth •nagement Plan and I d development regulations of o-- Collier County that are in effect at e time of devel' •ment. Subsequently adopted laws and policies shall apply to this Agre- ent ani o the development to the extent that they are not in conflict with the number, • if affordable-workforce housing units and the amount of affordable-workforce ou ng density bonus approved for the development. o 20. Affordable-Workforc Housin. Densi' , Bonus Development Agreement. This Agreement is a distinct a► : separate agreement •m "development agreements" as defined by Section 163. 20, Fla. Stat., as amended. 21. Prea••lic_ on. Developer has executed . •d submitted to the p ca Development Servic:. Department the Developer Application for ordable-Workforce Housing Density 'onus, a copy of which is attached to this Agreeme as Appendix C and incorpora d by reference herein. 22. Governing Law. This Agreement shall be governed by and • •strued in accord- ce with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in r• ordable form if necessary, any and all documents, certificates, instruments, an• agreements which may be reasonably required in order to effectuate the intent of the underlined text is added,so-K4,--t-h-row0 text is deleted Page 11 of 31 170 •greement. Such documents shall include but not be limited to any docume• re• ested by the Developer to exhibit that this Agreement has terminat:. in accor. .nce with the provisions of paragraph 14 above. IN WITNESS WHEREOF, e Parties hereto have aused this First Amendment to Agreement to be executed as oft • day and year fi'.t above written. c- ATTEST: /� BOAR' OF COUNTY COMMISSIONERS DWIGHT E 1 OCK,`Clerk • O E', OUNT • , FLORIDA �-, r Goa 0 p Clerk By: To Henning, CHAIR '• N *t st is to Clr lit $ i s19 '* may. cry Appr. ed as . form and legal sufficiency: . A Assista County Attorney underlined text is added,st+4k=4-4H-ough text is deleted Page 12 of 31 1 7 D DEVELOPER: Wit -sses: , AP \AI),& 8 � Aiiiiih klair ` Witness � J J • J h e Pri ted Name 6,! 1X G, �,V1 Ilk +:10 1.9 a C�%_ VCti � By: C 1 V Y S ) i 1`l ,. ( ur I ', tta_c Witness! Printed Name 2 I L ' VC C( l I +r OitlitAke a : 6dxf 01911-41 STATE OF FLORIDA ) / ,R \. COUNTY OF COLLIER ) t' �2/\' J-`. 1 \ \ The foregoing First Amendment to Agree -nt Authorizing Affordable. Workforce, and Gap Housing Density Bonus And Im' 'sin. Covenants And Restrictions On Real Property was a nowlleeddggedr before •e by ' hd J as ?� t‘rit , LULL who ' personally kn. n to me or has produced ; 00 -s identification. , 4_4/ WITNESS my han► and official seal this. L .. o - - 0 2008. o {ie U vim.- C-, Notary P 'Iic My Commissi. Expires: RE?3ECCA PARATORE a.. 1..1 MY COMMISSION 1 DD 417346 -�:, ' EXPIRES:July 4,KMBaKYe tM,Norty gtic Une..i.. underlined text is added, M+xrrla text e Udereu Page 13 of 31 170 EXHIBIT A LEGAL DESCRIPTION All . Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, accords : to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier . nty, Florida. J `, r , / \. \ p0,..)k, T , clew\ . \‘,,, , , L7,_,,:„ (,), pz:, i _ ,...., . . ( .2 r-rt:. ea 0-0 c.) 0 underlined t. is added. text is deleted Page 14 of 31 17D APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE-WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom COCW 3 Bedroom 4 Bedroom TOTAL 0i n U WORKFORCE INCOME ' - + h',� (61-80% MI) �� ! o Efficiency 0 I Bedroom ; �- /` w off 1 " Co 2 Bedroom 0_ 0-01 3 Bedroom 44 0 .s22• ca Co 4 Bedroom 0 TOTAL 0 44 LOW INCOt E (51%-60°/ 11) E'iciency 1 Bedroom 2 Bedroom 3 Bedroom 2-1-_ undcritncd text is added.sty+K-11/4-tlitektO text is deleted Page 15 of 31 17D 4 Bedroom _ TOTAL 0 24- VERY L 1 W INCOME (50% OR SS MI) Effici •cv l Bedroom 2 Bedroom 3 Bedroom }-}. 4 Bedroom --,` TOTAL 0 —`� (1) Base residential density allow•. in this de lopment 3 units/acre. (2) Gross acreage 9.92 . 0 (3) Maximum number of affordable-w► i .rce housing density bonus units allowed in this development pursuant to LDC Secti ''.06.00. 78 units. (4) Gross residential density of this d• elo. .ent (including affordable-workforce housing density bonus units) 10.89 u s/acre. (5) Percentage of affordable-wor orce housing its pledged by the developer(as a Pzi percent of the total number 'nits in the develo. • ent) 40 %. .P _ c�a G� underlined text is added.SK -1t-tk gi!CAI is deleted Page 16 of 31 170 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L'C § 2.06.03, provides for calculation of a density bonus for developer• pledging to construct a ordable-workforce units within their development. Included in thi• xhibit B are instructions and the tables with which to calculate the density bonus for a .articular project. Exhibit C con ns the current median income and acceptable rents for .w and very low, workforce, and ga. income households in Collier County. The affordable •brkforce housing density bonus rating system . all be used to determine the amount of the affo ..ble-workforce housing density bonuses ich may be granted for a development based on hou• -hold income ley , - . : . . . .. - - . . . . . . • : . • ■ . . . • . . and percentage of affordable, work .rce, and gap housing unit in the development. To use the affordable-workforce housing den 'ty bonus rating system. ables A and--B, below, shall be used. Tables A and-B, shall be reviewed . id updated if neces .ry on an annual basis by the Board of County Commissioners or its designee. First, choose the household income vel (• •. . , low, Of—very iow, law-workforce, or gap) of the affordable-workforce housing u (. proposed in the development, and-the-type-of • , as shown in Ta .. - • . - . . . .. betas-r. .. . . • - . . - - . . A— - .c� w . : _ .. . '• _ vim-. - - • • - - . Next, determine . percent of that type of �--i affordable-workforce '•using unit(s) proposed in the development corn. ed to the total number e� of dwelling units i the development. From this determination, Tabl- A will indicate the maximum numbe of residential dwellin units •er gross acre that ma b .dded to the base density. These .dditional residential dwelling units per gross acre are the max um affordable: workforce ho .ing density bonus (AWHDB) available to that development. Dev• opments with percentage of affordable-workforce housing units which fall in between the percenta: s shown on Table B ; shall receive an affordable-workforce housing density bonus equal the lower ,f the two percen _es it lies between plus 1/10th of a residential dwelling unit per gross acre ,r each addi '•nal percentage of affordable-workforce housing rental units in the development. For ex. ple, a development which has 24;,, of its total residential dwelling units as affords. e: •rkforce housing units, and which has an affordable housing density bonus rating of"four" wi receive an affordable-workforce housing density bonus (AWHDB) of .4.4 residential dwelling units per gross acre for the development. underlined text is added.st ci-+hreug#text is deleted Page 17 of 31 170 • In no event shall the affordable-workforce housing density bonus - ceed eight (8) dwelling unit ,er gross acre. _. __ \\ / 1 ---- (-/-)- -:\-, 1 \cv , ,...,(c, ) : 4 I. \ L.. r t J o �� tii c-1 N underlined text is added,s ac rou h text is deleted Page 18 of 31 170 APPENDIX A, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calcu e your density bonus in the space provided below. Attach a• 'itional pages if necessary. TABLE A: AFFORDABLE-WORKFORCE HOUSING DE TY BONUS RATING Iprior table deleted, • . rrent table follows] MAXIMUM ALLOW :LE DENSITY BONUS BY PERC " T OF DEVELOPMENT DESIGNATE , AS AFFORDABLE-WORKF' •CE HOUSING Household Income R C_ ` Product (% median) 10% 20' . • iO%� 40% 50° 60% 70% 80% 90% 100% 81-150% Gap MI* ** 1 2 3 4 5 - .6 ' 6 6 6 n/a (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 .sa w 00 50% �' Very Low or less 4 5 7 8 8 8 8 8 8 MI *Owner-occupied only **May only be used in '•njunction with at least 10%at or below 80% Total Maximum A swable Density= Base Density+ Affordable-Workforce ousing Density Bonus. In no event sh• the maximum gross density allowed exceed 16 units per acre. undcrhned text is added,struck through text is deleted Page 19 of 31 170 APPENDIX A, EXHIBIT C NCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOM `.. Pursuant hapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordin, ces, moderate i .me is 61% to 80%of the median income, low income is 51%to 60% •f the median inco and very low income is less than 50%of the median income. MEDIAN INCOME 2007 $63,300 Naples, MSA (Collier County) NUMBER OF ME ' :ERS IN FAMILY (prior table deleted rrent table follows' 2 3 4 5 6 7 8 150% 73,350 83,700 '4,200 104,700 113,1.1 121,500 129,900 138,150 80% 39,100 44,650 56 50 55,850 60 I I 64,750 69,250 73,700 60% 29,340 33,480 37,.: I 41,880 • ,,240 48,600 51,960 55,260 50% 24,450 27,900 31,, I I 34,900 7,700 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 ( ,4 ' ____ 18,850 20,250 21,650 23,025 RECOMM 'DED RE AL RATES The Florida Housing Finance Corpor ion (FHFC) calculat- rents to use in the State Apartment c Incentive Loan (SAIL) and the Lo ncome Rental Housing Credit (L1HTC)programs_ The cam,-. rents given below are based on 'I 1 data from FHFC. Utility c. •ts are provided from the County's Section 8 Rental Ass'. ance Program which is administe • by the Collier County 9` Housing Authority. o •--- HOU' NG COSTS BASED ON 30% FAMILY IN I ME 'prior table deleted, current table follows] O TWO THREE FOU DROOM BEDROOM BEDROOM BEDRO M NIT 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 •% $654 $785 $907 _ $1,012 5% $458 $549 $635 S708 25% $327 $392 $453 _ $506 underlined text is added,dough text is deleted Page 20 of 31 170 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R L► ATION UNIT UNIT UNIT UNIT Naples an' oastal Collier Cou 71.00 91.00 128.00 1 ..00 Immokalee and t of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.0► 211.00 YOU MUST D `UCT UTILITIES TO CALCUL: E NET RENTS. \,‘"kf,R CO 7 / ' \\', s 7 rClinilit4it 1--; U/ _,R... \--C( ly r _tom, -- l r ,` • .A w \_1-/E CANkC ) .-,:• 00 underline()text is added,strut F-1prsugk text is deleted Page 21 of 31 170 APPENDIX B, EXHIBIT A P' . IMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING 4 IT Date Oc. sancy Desired: Date of Application: Amt. Of Sec. De• asit: Your Name. Race/National Origin: Handicap: Ye No____ Co-Tenant Na - Race/National Origin: Handicap: es No ____ Present Address: treet City State Zip Telephone No. Name of Landlord How Long . ' his Address: Landlord's Address: Street City State Zip Tel- one No. If you have resided at your present a. •ress less than 3 year. please state previous address: Street City , ate '• Telephone No. Name of Previous Landlord =1 -' s, 1 )\--;‘1\/ i (..... ,,....; \ i,a.7 Street City \"lJ•\ State • Telephone No. PaP APPLICANT: .� Present Employers Name �x1 ( «AL-' "' Address and Telephone No. G) How long with Present E • oyer: Job Title `=• .sue t� Gross Salary: Hourly '. Weekly S Every 2 Weeks$ Monthly$ "' Social Security Nu ' .er Birth Date Previous Emplo rs Name Address and 'elephonc No. How Ion: , ith Previous Employer Job Title CO-T ' ANT: Pr- -nt Employers Name ddress and Telephone No. How long with Present Employer: Job Title underlined text is added.strufk-threagh text is deleted Page 22 of 31 170 Gross Salary: Hourly$ Weekly $ Every 2 Weeks $ Monthly$ •cial Security Number Birth Date Pre •us Employers Name Addres ,nd Telephone No. How long ‘.th Previous Employer Job Title NAMES OF ALL 'HO WII.l.OCCUPY'APARTMENT BIRTH DATE SEX AGE SOCIA . ECURITY 1. 2 PERSONAL REFERENC . (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: _ How Long Known: / I., \\ \ Lt O 00 Ql underlined text is added.srnt*- h text is deleted Page 23 of 31 1 7 D APPENDIX B, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant' ame: Social Security Number Co-Tenant's le: Social Security Number Present Address: Stre City State Zip ' lephone No. I hereby make applic. .on for a single family unit at . I hereby declare and rev- • all of my sources of income. I am aware that to leave ou omit or fail to report my assets or fa s of income from pensions, stocks, bonds, real property -nt, sale or ownership is a fr. i ulent act punishable by law. Knowingly falsifying informatio on this form is cause for ref al of occupancy. I hereby certify that this will be n permanent reside e and that I have no other assisted housing. I understand that this information is for e p •ose of computing my annual income to determine my qualification to buy an afforda. workforce, or gap housing unit. I understand that I am not required to surrender my own, 'ip or rights or claimed property, pensions or capital gains, etc. ` ` -iA �' A s , icant Co-Occupant - - Amount F •quency Amount. Frequency .cam Received of P. Received of Pay 000 v, Wages/Salary $ S . $ $ Bonuses S $ $ $ - - Tips $ $ $ $ Commissions $ $___ $ Interest Income S $ $ Trust Fund Income $ $ $ $ Unemployment S $ $ $ Workman's C. pensation S $ $ $ Welfare S $ $ . Food Sta .s S $ $ Social S' urity $ $ $ $ Social .ecurity Disability S $ $ $ Sup, emental SSI S _ $ $ $ F• ily Assistance S $ $ $ hild Support S $ $ $ Veterans Benefits S S, S S Widows Benefits S $ $ $ underlined text is added,stfuc-k-ttwokitA text is deleted Page 24 of 31 170 Union Pension $ $ $ $ -If-Employment Business, S nt Partner, etc. $ $ $ $ Priv. - Insurance Pension $ $ $ $ TOTAL • NUAL INCOME $ $ THE VERIFI . :TION HERE REQUESTED MAY TAKE THE FORM OF THE OST RECENT YEAR'S INCO TAX RETURN FOR EACH OCCUPANT WHO HAS F D AND WILL OCCUPY THE • •RDABLE,WORKFORCE.OR GAP UNIT. THE SAME MUST EXECUTED FOR EACH OCCUPANT OF T• HOUSEHOLD WHO CONTRIBUTED TO T ANNUAL HOUSEHOLD INCOME. FA' RE TO REPORT ALL SOURCES OF HOUSEHO► INCOME WILL RESULT IN DISQUA 1CATION FOR TENANCY IN AFFORDABLE, WORKF• 'CE,OR GAP HOUSING UNIT. / UN/4-jr \ , o co THE C1Rk-‘) underlined text is added,struck thretugh text is deleted Page 25 of 31 I 7 0 APPENDIX B, EXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATIO APPLI NT: Present Empl. r: Job Title: Address: Street City .te Zip I, , hereby authorize the release . information requested (Applica on this certification form. 1 fir R Co/' ature of Applicant STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was acknow1e d-b ". by '73,T. Who is personally known to me or has produce. as identification. t`- 1 Witness my hand and oflia1 sea is .ay;of , 2008. (notary seal) \' .`, _• . ' ` ,p Notary Public tc�t My Commission Expires: "' • .sy t--i underlined text is added,struck-through text is deleted Page 26 of 31 17D MPLOYER CERTIFICATION App ant's Gross Annual Income or Rate or Pay: $ Number •f Hours Worked(Weekly): . Frequency of Pay: Amount of : uses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknow - • _ed before me by 'x' Who is personally known tQ in• or has produced as identification. , Witness my hand and off oiaaneaI. ,• , 2008. v (notary seal) t \-'P� Notary Public My Commission Expires: \!f \ . .sue. THE CERTIFICATION HERE REQUE lo MAY TAKE THE eRM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EA OCCUPANT WHO 'HA FILED AND WILL OCCUPY THE cs+ AFFORDABLE-WORKFORCE UNIT cz• .tom Fv underlined text is added,struck #rough text is deleted Page 27 of 31 170 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFOR HOUSING DENSITY BONUS Pursuant to L § 2.06.01 please complete this form and submit it w. any accompanying documentation to t - Community Development & Environmental Serv. es Division, 2800 North Horseshoe Drive, Nap . Flonda 34104. A copy must also be p .vided to the Collier County Housing and Human Servic: Department. All items requested must be pro •ed. �- �1'R rr1/ 1. Please state what zoning dist . Is are proposed by P applicant, if any, on the property and the acreage of each; RPUD-9.92 ' . Has an application for rezoging be- -' irk-c jwictiou with the affordable,workforce ��jj 1 vv and gap housing Density bonus. (-4 � I X Yes t'_ t No .i If yes, state date of application 12-2-11 and if the sAuesthas been approved, state the - .tti Ordinance number 05-63. CO 3. Gross density of the pro. .sed developm-enr 10.89 'its/acre -v Gross acreage of the oposed development. 9.92 acre Q 4. Are affordable-w, force housing density bonus units sought in ••njunction with an application for a pla ed unit development (PUD)? X Yes No. If yes, please stat: ame and location of the PUD and any other identifying info ,ation. Cirrus Point'j.P D located and _ the northeast corner of the intersection betwee Thontasson Drive and .a shore Drive. 5. ame of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added,Dengh text is deleted Page 28 of 31 170 BLE I Total Number of Units in Development Type . Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE II Number of Affordable_ orlcf• e Housing; Units rior table delecurrent table follows Total Number of ,j Proposed Use for Affordable-Woe - l ensity Bonus Units force Units c) in Develop, cut , L.�/ Owner Owner 00 Ren Occupied Rental tccueied "' GAP INCOME 81-150°Ao MI 0 .cam Efficiency cN I Bedroom 2 Bedro 3 : room other TOTAL 0 In accordance with LDC Section 2,06.03.D. —A owner occupied underlined text is added. -Fhroueh text is deleted Page 29 of 31 1 7 D WORKFORCE INCOME -80% MI Efficiency I 'edroom 2 Bed om 3 Bedroo 44 44 Other TOTAL 44 In accordance with 'C Section 2.06.03.D.—All o -r occupied LOW INCOME �C)/A 51-60% MI C. Efficiency ` \ 1 Bedroom ' V411(2 Bedroom 3 Bedroom .sy Other co -TNF ( 1\ c..71 TOTAL 0 0 4-1 a VERY LOW INCOME _ 50% OR LESS MI c^, Efficiency I Bedro• 2 B=.room . Bedroom Other TOTAL 0 0 underlined text is added.seek thiuugh text is deleted Page 30 of 31 17D . 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 .edrooms Inc de in your description, for example, the square footage of each type of unit, .or coverings used th .ughout the unit (carpeting, tile, vinyl flooring); window treatments; a• . lances provided such as wa der/dryer, dishwasher, stove, refrigerator; bathroom amenities, h as ceiling exhaust fans; and any . her amenities as applicable. Attach additional pages •. Exhibit "D" if needed. (See attache`-) APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRI" ION OF AFFORDABLE W•R.4 ORCE HOUSING UNITS There will be a minimum of ' , . - 44 Workfo ce Housing Units in the Cirrus Pointe PUD. Theses Workfo e Housing Units ill be comprised of 443 44 three-bedroom (Very Low Income(5O%of Median In •me)and 2 three bedroom Low Income(60%of Median I 3e) Units. 1 i/ ( \1/ 1 vi' t All Workforce Housing Unit .'il •e sold to/owners as owner-occupied multi-family units. Each unit will come standard 'ith carpet d the floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceili► fan package, and •athrooms will have ceiling exhaust fans. „, The three-bedroom units will • ve a minimum air-condit ed area of 1526 square feet. Garage cc!;', parking will provide 2 par g stalls for each unit and will also ouse storage areas for each unit. C) The entire community -ill consist of up to 108 multi-family h • es and the units that are not ry designated . :. .o Workforce Housing Units will be offered a moderately priced multi- `i' family homes. he community will have the following amenities open to he residents of Cirrus Pointe: pc). ,cabana, fountains, sidewalks and gated security. 8. Pleas upply any other information which would reasonably be needed to address t' ' request for a affordable, workforce, and gap housing density bonus for this development. Attach .•ditional pages if needed. underlined text is added. text is deleted '.NPi.ts' ','• IA Page 31 of 31 170 STATE OF FLORIDA) C• TY OF COLLIER) I DWIGHT E. BROCK, Clerk of Courts in and for he Twentieth udicial Circuit, Collier County, Flor' :a, do hereby certi • that the foregoing is a true a a correct copy of : ORDINANCE 2008-38 Which was adopted .y the Board af County Commissioners on the 22nd day of July, •08 , d ing Regular Session. 1, ! \-1( ( WITNESS my hand and the • ficial seal of the Board of ,E County Commissioners of C. lier - unty, Florida, this 30th O PJ day of July, 2008 . �•v DWIGHT E. B• 'CK Clerk of Cour► ana ClerP c=> Ex-of f icio to : ,ar •t$b,f. ►� cv County Commissio =sallkt • By: Ann Jennejohn, Deputy Clerk 1 7 D FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 16, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-13, which was filed in this office on March 16, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the lime the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board trISMJRVIZZOlger Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 3? 61 '7 J , 5. Minutes and Records Clerk of Court's Office 16 .a ' 10.r334A, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Heidi Ashton-Cicko Phone Number 252-8773 Contact/ Department County Attorney's office Agenda Date Item was March 9,2021 Agenda Item Number 17D Approved by the BCC Type of Document Termination Agreement Number of Original 1 Attached . (Ora ►nraS arfad lam,vCr'J�c�ocuments Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HFAC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The.Chairman's signature line date has been entered as the date of BCC approval of the HFAC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! r\ 8. The document was approved by the BCC on 3-9-21 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the C, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi d 2. , evised 11/30/12 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, July 9, 2021 11:54 AM To: ashton_h Subject: Termination Agreement (Item #17D 3-9-21 BCC Meeting) Attachments: Backup Documents 03_09_2021 Item #17D.pdf Good Morning Heidi, A copy of the Termination Agreement, as a part of the record for Item #17D, From the March 9, 2021 BCC Meeting is attached for your records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II toy(01.4, Clerk to the Value Adjustment Hoard R`�K `•.,P Office: 239-252-8406 Fax: 239-252-8408 (if applicable) 5 Ann.Jennejohn@CollierClerk.cow a Office of the Clerk of the Circuit Court �kkttcsri• & Comptroller of Collier County 32q9 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.ColfierClerk.com i ? D TERMINATION AGREEMENT THIS AGREEMENT, as entered into on the day of ,`f ((X i"Gk , 2021, between KHD DEVELOPMENT GENERAL PARTNERSHIP (hereinafter referred to as the"OWNER"), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as"COUNTY"). WHEREAS, James J. Fields and the COUNTY entered into an Agreement authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property in 2005 (hereinafter "Agreement"),a copy of which is attached to Ordinance No. 08-38 and recorded in Official Records Book 4385, Page 394 of the public records of Collier County; and WHEREAS, KHD DEVELOPMENT GENERAL PARTNERSHIP, as successor to James J. Fields, has petitioned the County to terminate the Agreement. NOW, THEREFORE,the parties hereto agree as follows: The Agreement is hereby terminated upon the effective date of the Camden Landings Residential Planned Unit Development. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed the date and year last written below. ATTEST: BOARD O COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COL LINTY, FLO A By: r FfilClerk Perry Tay r, Chairttaa c:!!ihit* '"' KHD DEVELOPMENT GENERAL PARTNERSHIP WITNESSES: (1) By: Si a e S'gn e Printed/Typed Name Printe TypedName/ toailf (2) Printed/Typed Title Signatur t-l�tL— I‘-' NC " Printed/Typed Name Approved as to form and legality: Item# r1"0 Agenda 2 (c=iL&A / �-�—' Cate —! P Heidi Ashton-Cicko Managing Assistant County Attorney Cate "1:1A:a, ` Reo'd • , 19-CPS-01948/1526959/1133 Deputy Clerk , 11 3/4/20