Ordinance 2023-12 ORDINANCE NO. 2023 - 1 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NO. 07-34, AS AMENDED, THE KAICASA RESIDENTIAL PLANNED
UNIT DEVELOPMENT TO CHANGE THE AFFORDABLE HOUSING
INCOME LEVELS FROM AT OR BELOW 60% OF AREA MEDIAN
INCOME TO UP TO AND INCLUDING 120% OF AREA MEDIAN
INCOME; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 100± ACRES, IS LOCATED ON THE
NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS
ELEMENTARY SCHOOL, AND APPROXIMATELY TWO MILES
EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY
ROAD 846 IN SECTIONS 12 AND 13, TOWNSHIP 47 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA. IPL202200039381
WHEREAS, on March 27, 2007, the Board of County Commissioners approved
Ordinance No. 07-34, which established the Kaicasa Residential Planned Unit Development
(PUD); and
WHEREAS, the PUD was amended by Ordinance Nos. 08-15 and 10-35 and
administrative minor master plan change in PL20220004449; and
WHEREAS, Amanda Martin, AICP, of Johnson Engineering, Inc. representing Habitat
for Humanity, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to
amend Ordinance 07-34, the Kaicasa PUD, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section 5.4, Schedule of Development/Monitoring Report
and Sunset Provision, of the Planned Unit Development Document,
attached to Ordinance No. 07-34, as amended, Kaicasa PUD.
Section 5.4, Schedule of Development/Monitoring Report and Sunset Provision, attached
to Ordinance No. 07-34, as amended, is hereby amended to read as follows:
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5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid
2007 with completion in 2009. The Kaicasa RPUD h l ect PT D Sunset
Provisions of the LDC.
B.A. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to
occupancy by income restricted households at or below 60% earning up to and including 120%
of the median annual household income Area Median Income (AMI) in Collier County at the
time of construction. Covenants and restrictions shall be applied to all of the dwelling units
within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least
fifteen thirty (15) (30) years from the date of issuance of a certificate of occupancy (CO). As part
of the annual PUD monitoring report, the developer will include an annual report that provides
the progress and monitoring of the affordability commitment.
E.B. By the time building permits for 100 residential units are issued, the developer shall have
constructed at least one playground area in the location shown on the RPUD Master Plan.
SECTION TWO: Addition of Section 5.9, Miscellaneous, to the Planned Unit Development
Document, attached to Ordinance No. 07-34, as amended, Kaicasa PUD.
Section 5.9, Miscellaneous, is hereby added to the PUD document attached to Ordinance
No. 07-34, as amended, as follows:
5.9 MISCELLANEOUS
"Pursuant to Section 125.022(5) F.S., 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.
All other applicable state or federal permits must be obtained before commencement of the
development."
SECTION THREE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by supermajority y.ate of the Board of County
Commissioners of Collier County, Florida, this /TN,ay of IL p r L&a r , 2023.
Pk
ATTEST: ',; #`� fir BOARD OF COUNTY COMMISSIONERS
CRYSTAL . KINZEL cITRK COLLIER COUNTY, FLORIDA
By: By:
nAitty Ci Rick LoCastro, Chairman
Attest as toC441
signature only. '.....-'-
Approved as to form and le ity:
�C�1✓
,292
H idi shton-Cicko 1
Managing Assistant County Attorney
This ordinance filed with the
Secretory of States Office the
P 1ciday of E ' c99 -3
and acknowledpexnent of that
fill received this day
of •
By
0,10410 ON*
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 22, 2023
Martha Vergara, BMR& VAB
Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-12, which was filed in this office on February
22, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270