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CCPC Agenda 03/20/2025COLLIER COUNTY Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 20, 2025 9:00 AM Joseph Schmitt, Environmental - Chairman Chuck Schumacher - Vice -Chair Paul Shea, Environmental - Secretary Randy Sparrazza Charles (Chap) Colucci Michelle L. McLeod Mike Petscher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC 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 to be based. 1. Pledge of Allegiance 2. Roll Call 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes 6. BCC Report - Recaps 7. Chairman's Report Page 1 of 301 8. Consent Agenda 9. Public Hearings 9.A. PL20240005475 - PUDR-Immokalee Senior Housing Mixed - use Planned Unit Development (MPUD) - On the east side of 11th Street North, just south of Lake Trafford Road - The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 04-29, the Immokalee Senior Housing Residential Planned Unit Development (RPUD), and Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changed the zoning classification of an additional 0.55+/- acres of land zoned Residential Multi-Family-6 (RMF-6), with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), to Mixed -use Planned Unit Development (MPUD) with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), for a project to be known as Immokalee Senior Housing MPUD, by reducing the number of multifamily dwelling units from 119 to 30, and allowing a 5,000 gross square foot 200-seat church with accessory 100 student child care, and up to 50,000 square feet of certain community facility and educational services uses; updating the Master Plan; and rescinding the Affordable Housing Density Bonus Agreement; on 7.99+/- acres of property located on the east side of 1 lth Street North, just south of Lake Trafford Road and Highland Elementary School, in Section 33, Township 46 South, Range 29 East, Collier County, Florida; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III, GMCDD, Zoning Division] (2025-692) 10. Old Business 11. New Business 12. Public Comments 13. Adjourn Page 2 of 301 3/20/2025 Item # 9.A ID# 2025-692 PL20240005475 - PUDR-Immokalee Senior Housing Mixed -use Planned Unit Development (MPUD) - On the east side of llth Street North, just south of Lake Trafford Road - The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 04-29, the Immokalee Senior Housing Residential Planned Unit Development (RPUD), and Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changed the zoning classification of an additional 0.55+/- acres of land zoned Residential Multi-Family-6 (RMF-6), with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), to Mixed -use Planned Unit Development (MPUD) with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), for a project to be known as Immokalee Senior Housing MPUD, by reducing the number of multifamily dwelling units from 119 to 30, and allowing a 5,000 gross square foot 200-seat church with accessory 100 student child care, and up to 50,000 square feet of certain community facility and educational services uses; updating the Master Plan; and rescinding the Affordable Housing Density Bonus Agreement; on 7.99+/- acres of property located on the east side of 1 lth Street North, just south of Lake Trafford Road and Highland Elementary School, in Section 33, Township 46 South, Range 29 East, Collier County, Florida; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III, GMCDD, Zoning Division] ATTACHMENTS: 1. Staff Report-Immokalee Senior Housing 3-3-25 2. Attachment A -Proposed PUD Ordinance-Immokalce Senior Housing 2-24-2025 3. Attachment B-Ordinance Number 04-29 4. Attachment C-GMP Consistency Review Memorandum 5. Attachment D-NIM Presentation Jan 7 2025 NIM 6. Attachment D-1-NIM Transcript Jan 7 2025 NIM 7. Attachment D-2-Letter of Support from Immokalee CRA 3-4-25 8. Attachment E-Application 9. Affidavit and Sign Posting 2025-03-03 10. CCPC Published Ad- PL20240005475 2-28-25 Page 3 of 301 Co1l-ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPART- MENT - PLANNING & REGULATION HEARING DATE: MARCH 20, 2025 SUBJECT: PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MIXED - USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/APPLICANT AND AGENTS: Owner/Applicant: Friendship Baptist Church Immokalee Florida, Inc. PO Box 580 Immokalee, FL 34143 Agent: Wayne Arnold, AICP Q.Grady Minor and Associates, LLC 3880 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-29 Immokalee Senior Housing Residential Planned Unit Development (RPUD), and Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 0.55+/- acres of land zoned Residential Multi-Family-6 (RMF-6), with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), to Mixed -use Planned Unit Development (MPUD) with a Wellfield Risk Management Special Treatment Overlay Zone (ST/W-4), for a project to be known as Immokalee Senior Housing MPUD, by reducing the number of muti-family dwelling units from 119 to 30, and allowing a 5,000 gross square foot 200-seat church with accessory 100 student childcare, and up to 50,000 square feet of certain community facility and educational services uses; updating the Master Plan; and rescinding the Affordable Housing Density Bonus Agreement. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 1 of 16 Page 4 of 301 v 8 &7 ®• & .C� /�. r y f 05 6 l75 U @ LL 62 9p4-RL�yJ4 to J ® B @J 2 9 i B a N 8888 � a '2 K'+ � i�� ❑_ n A 11 V ,s ❑ � � �& � _ � o v c . any /o� {yp �.} /�� Syr. LIqI4,, IQZI ° IS utW!D IS 1410T ,,.�`► 4 F" a � 0 ;.�' 15 P}asulod r� 00 a j 1.4 1 t I NJLS .. +. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD 0- Ca Q 1 (0 C 0 4-0 Cu 0 J March 3, 2025 0 0 Ln m Co a Page 2 of 16 ZONED: RSF-3 USE: RESIDENTIAL ID'WIDETYPE'D'— LANDSCAPEBUFFER 14' WIDEiTYPE'A- LANDSCAPE BUFFER ZONED: RMF-6 USE: CHURCH I' POTENTIAL VEHICULAR INTERCONNECTION 10' uVIDE TYPE'A' LANDSCAPE BUFFFR J •H c U3 " p I - j— ZONED: RSF-3 USES RESIDENTIAL I' 1 Io' WIDE TYPED' LANDSCAPE SUFFER I I l� .2 . o•. . ❑ ram•. I— IYWIDETYP1 T' LANDSCAPE BUFFER TRACT BOUNDARY ZONED: RMF-6 USE: CEMETERY 10' WIDE TYPE'A• LANDSCAPE BUFFER 1 CF* "INCLUDES OUTDOOR RECREATION AND ASSEMBLY AREA L l ZONED: RMF-6 USE: RESIDENTIAL �1 in �I I�I VJ IS, Wtl)E IYF);'E' LANDSCAPE 131JFFER d W ua ¢ ZONED: MH USE: RESIDENTIAL U � 15'W1DIs7'Ylf>;'lI' a � m LANDSCAPE BUFFER � �*�15- ZONED : R~ WIDE'] Y?L'B' USE: RESIDENTIAL LANMCAPE BUFFER IMAYOKALEE SENIOR HOVSING MPUD wCradWinor a.xmiglMtiRM43i191 ExHIErr C Glrlll:noneem , lwflll r3 Plumm L Ax up .lrc Ita-W MASTER PLAN "-aN. fp+ ,5 b—.wk"W i" �L'neueae REVISED 11/15/2024 n.luiWFp: 2MP17.1•44 4u"W-. 23%kOU.43a6 MASTER PLAN PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD N SCALE: 1" = 120, u 1 w 2I March 3, 2025 Page 3 of 16 Page 6 of 301 SiTF. Si1M14iA1tV 'i OTAL SITE AREA: 7.99± ACRE RE:SIDE;NTIAL (R) TRACT: 2.32±AC (29%) COMMUNITY FACILITY (CF) TRACT: 5.67±AC (71%) RESIDENTIAL: MAXIMUM 30 DWELLING UNITS COMMUN[TYFACIL[TY: MAXIMUM 50,000 SQUARE FEET MAXIMUM 5,000 SQUARE FEET, 200 SEAT CHURCH MAXIMUM 100 STUDENT DAYCARE OPEN SPACE: REQUIRED: 30% PROVIDED: 30% (WITHIN THE OVERALL PUD) PRESERVE: REQUIRED: 0± ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0± ACRES I REE PRESERVATION: REQUIRED: SUBJECT TO LDC 3.05.07.E PROVIDED: SUBJECT TO LDC 3.05.07.E NOTES 1, THIS PLAN IS CONCEPTUAL. IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE To AGENCY PERMITTING REQUIREMENTS AS PERMITTED BY THE LDC. [Jradyhlinur a ' •III F�n@Jntele Glnd Srrveynni Plmnm Land" Capl' mnlll'ClF MASTER PLAN PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 4 of 16 Page 7 of 301 GEOGRAPHIC LOCATION: The subject property, consisting of 7.99± acres, is located on the east side of I It" Street North, just south of Lake Trafford Road and Highland Elementary School, in Section 33, Township 46 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Immokalee Senior Housing PUD is currently 7.44± acres and was originally rezoned by Ordinance Number 04-29 (see Attachment B). The PUD originally allowed for 119 affordable housing units subject to an affordable housing density bonus agreement. Currently, 30 multi- family units have been built on the site's southern portion. A Church also exists just north of the multi -family residences on a portion of the site. The purpose of this PUD rezone is to develop the remaining portions of the site with a new educational facility for the Immokalee Foundation and the future development of a house of worship and an accessory daycare facility for a Church. The subject site is located within proximity to Highlands Elementary School, Immokalee Middle School, and Immokalee High School. According to the petitioner, the purpose of the subject PUD rezone is for the Immokalee Foundation to provide an educational building for after -school programs. The existing on -site Church would like to build a new church and daycare facility. This PUD Amendment proposes to: - add 0.55+1- acres from the Residential Multi -family zoning district to the Immokalee Senior Housing MPUD; - rescind the affordable housing density bonus agreement; - reduce the number of residential units from 119 to 30 units; - add a 5,000 square foot, 200-seat church with an accessory 100-student childcare facility; - add charitable trust uses; - add social services uses; - add job training; - add schools and education services limited to continuing education programs, language and reading schools, tutoring, and vocational counseling - add accessory church offices; - revise the legal description; and - revise the Master Plan. The Master Plan has also been updated to reflect the proposed changes on page 3 of this Staff Report. See attached Attachment A -Proposed Ordinance. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 5 of 16 Page 8 of 301 SURROUNDING LAND USE AND ZONING: North: Church and cemetery, with a zoning designation of Residential Multiple -Family District 6 (RMF-6) within a Special Treatment Area Zoning Overlay STAY-4 East: Developed residential land, with a zoning designation of Residential Multiple - Family District 6 (RMF-6) South: Developed residential land, with a zoning designation of Residential Multiple - Family District 6 (RMF-6) and Mobile Home (MH) West: North 1 Ith Street, a local street, and a church, and then developed residential land, with a zoning designation of Residential Single -Family (RSF-3) Immokalee Senior Housing MPUD (PL20240005475) Aerial Location Map N W+E _s Camellia AVE A, « f� V OF - } h {� Santa Rosa1AVE " F � 9�Z ILI -Stir r r Maxwell L= 7. - Ms �`l+c AIM mokalee OR SOBJECT PROPERTY ®GradyMlnor 290 145 0 r;n9I M:M...a'S•rrcRl tior�[oum •�a��wm •ra�,tlauu...��x'avr. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD 290 Feet March 3, 2025 Page 6 of 16 Page 9 of 301 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the GMP. For further information, please see Attachment C-GMP Consistency Review Memorandum. Transportation Element: In evaluating this project, staff reviewed the applicant's November 4, 2024, Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity ofpermissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition, the proposed development will generate a projected total of +/- 153 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road and State Road 29. The trips generated by this development will occur on the following roadway links: PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 7 of 16 Page 10 of 301 Link/Roadway Link Current Peak Projected 2024 AUIR 2024 AUIR Hour Peak P.M. Peak Remaining LOS Direction Hour/Peak Capacity (Level of Volume/Peak Direction Service) Direction Project Trips 1 46.0/Immokalee Oil Well to 900/EB 8/EB 67 (2) D (2) Road SR-29 47.0/Lake Carson to SR- 800/EB 8/EB 162 (2) D (2) Trafford Road 29 84.0/State Road S. SR-29 to 9"' 1700/WB 15/EB 876 (2) B (2) 29 St. 85.0/State Road 9th St. to N. 900/SB 6/SB 79 (2) D (2) 29 SR-29 • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's November 4, 2024, Traffic Impact Statement. • (2) Current FDOT Florida Forward Road Improvements that are projected to improve LOS on these roadways: o SR-29 Loop Road. o SR-29/Main Street Roundabout. Based on the TIS and the 2024 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental Planning staff has found this project to be consistent with the CCME. The project site consists of 33 native trees. A minimum of 15% of the existing native trees shall be maintained or replanted onsite. The project site is 7.99 acres. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 8 of 16 Page 11 of 301 turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review." In addition, staff offers the following analysis: Environmental Review: Environmental Services staff has reviewed the petition to address environmental concerns. The property has been maintained clear of native vegetation required to be preserved. The Master Plan does not show a preserve since no minimum preservation is required. At the SDP review a minimum of 15% tree preservation will be required per Land Development Code (LDC) section 3.05.07. The property was issued a Vegetation Removal Permit (VRP) to remove invasive exotic vegetation from the property (VRP Permit # PL20140001360). The property has been maintained devoid of native midstory vegetation and ground cover, as such, a tree survey was used to determine the native tree preservation requirement for the proposed development. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the presence of a Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included in the PPL or SDP review. This project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed Immokalee Senior Housing PUDR. Housing Review: Housing staff has reviewed the petition to address housing concerns. The MPUD amends the current PUD Ordinance No. 04-29 resulting in the Affordable Housing Density Bonus exhibit to that ordinance being nullified. Zoning and Land Development Review: The subject property is partially developed with multi- family senior housing in the site's southern portion and a church to the north along the western portion of the site. The subject property is surrounded by a cemetery on the north property line, mostly single-family homes along the east property line, single-family and mobile homes along the south property line, and across North 1 lth Street along the east property line, single-family homes. As previously stated, the PUD will be amended to: add 0.55+1- acres from the Residential Multi -family zoning district to the Immokalee Senior Housing MPUD; rescind the affordable housing density bonus agreement; reduce the number of residential units from 119 to 30 units; PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 9 of 16 Page 12 of 301 - add a 5,000 square foot, 200-seat church with an accessory 100-student childcare facility; - add charitable trust uses; - add social services uses; - add job training; - add schools and education services limited to continuing education programs, language and reading schools, tutoring, and vocational counseling - add accessory church offices; - revise the legal description; and - revise the Master Plan. The proposed Development Standards are similar to the previously approved standards. The PUD front yard set setbacks remain at 25 feet. The PUD internal setbacks remain at 20 feet from the PUD property line. The proposed building heights for the community facilities have increased from 35-foot zoned height to 45-foot zoned height. The Master Plan depicts the residential tract and the community facility tract. Ingress and egress to the site will be from North 1 lth Street. The minimum code required landscape buffers will be provided. A 15-foot-wide Type B landscape buffer (trees 25 feet on center and a 6-foot-high hedge) will be provided along the residential property lines. A 10-foot-wide Type D Right -of -Way Landscape Buffer (trees 30 feet on center and a 3-foot-high hedge will be provided along North 1 Ith Street. A 10-foot-wide Type A landscape buffer will be provided along the cemetery property line. Lighting that is Dark Sky compliant (flat panel, full cut-off fixtures with a Backlight, Up light, and Glare (BUG) rating where U=0) will be provided to avoid light spill onto adjacent properties. Outdoor amplified sound is prohibited except as a special event temporary use permit. Staff finds the proposed changes compatible with the neighborhood. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 10 of 16 Page 13 of 301 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as Church and cemetery to the north, mobile home to the east, residential to the south, and west. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Rezone does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add a community facility and expand the church and the related activities to better serve the surrounding community. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time as outlined above, i.e., GMP consistent at the time of rezoning, as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 11 of 16 Page 14 of 301 8. Whether the proposed change will create a drainage problem. The overall drainage system is in place. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff could find no evidence that the proposed PUD Rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The properties around the proposed PUD have mostly been developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed Immokalee Senior Housing MPUD does not grant special privileges to an individual owner. The MPUD will support public welfare by providing not -for -profit services including a church, a childcare facility, charitable trust uses, job training, schools, and education services limited to continuing education programs, language and reading schools, tutoring, and vocational counseling, social services use, and job training. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations. However, the petitioner is seeking this PUD Rezone to add property and additional land uses into the PUD in compliance with LDC provisions. The proposed Rezone meets the intent of the PUD district. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 12 of 16 Page 15 of 301 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed project includes land uses necessary to meet the needs of the neighborhood such as family social services, outreach programs, vocational counseling, and job training. Based on the staff s review of the proposed PUD Rezone, this petition has not been deemed as out of scale with the neighborhood's needs. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. A small portion of the property is developed with buildings, parking, and water management. Future development will undergo evaluation relative to all federal, state, and local development regulations during the SDP approval process and later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 13 of 16 Page 16 of 301 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed not -for -profit educational facility will serve the needs of the Immokalee community. It is two blocks from the Immokalee Foundation facility and will allow students to walk to the Immokalee Foundation facility for after -school programs. The PUD is served by water and sewer services provided by the Immokalee Water Sewer District. Access is provided by a driveway connection to Santa Rosa Avenue. Transportation has concluded that there is adequate road capacity to serve the proposed land uses. A master surface water management system will serve the project. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that the developer will provide appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this Rezone will not change the project's compatibility, both internally and externally. 5. The adequacy of usable open space areas inexistence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 14 of 16 Page 17 of 301 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), when a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is partially developed with a 30-unit residential building and the remainder of the property is undeveloped. The subject property can support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is not seeking any deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on January 7, 2025, at the Immokalee Foundation, 908 Roberts Avenue West, Immokalee, Florida. Approximately 15 residents attended the meeting along with the Agent's team, the Applicant, and county staff. The residents expressed concern over excessive traffic. For further information, see attached Attachment D NIM Presentation and Attachment D- 1-NIM Transcript. IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW; The petitioner presented the Immokalee Senior Housing PUDR to the Immokalee CRA at their February 19, 2025, meeting. The CRA voted 6-0 to support the petition and has submitted a letter of support. Please see Attachment D-2-Letter of Support. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on February 27, 2025. PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 15 of 16 Page 18 of 301 RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20240005475, Immokalee Senior Housing PUDR to the BCC with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 04-29 Attachment C: GMP Consistency Review Memorandum Attachment D: NIMPresentation Attachment D-1: NIM Transcript Attachment D-2-Letter of Support Attachment E: Application PUDR-PL20240005475, IMMOKALEE SENIOR HOUSING MPUD March 3, 2025 Page 16 of 16 Page 19 of 301 ORDINANCE NO.2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-29, IMMOKALEE SENIOR HOUSING RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AND ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 0.55+/- ACRES OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), FOR A PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING MPUD, BY REDUCING THE NUMBER OF MULTI -FAMILY DWELLING UNITS FROM 119 TO 30, AND ALLOWING A 5,000 GROSS SQUARE FOOT 200-SEAT CHURCH WITH ACCESSORY 100 STUDENT CHILD CARE, AND UP TO 50,000 SQUARE FEET OF CERTAIN COMMUNITY FACILITY AND EDUCATIONAL SERVICES USES; UPDATING THE MASTER PLAN; AND RESCINDING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT; ON 7.99+/- ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF 11TH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240005475] WHEREAS, on May 11, 2004, the Board of County Commissioners approved Ordinance No. 04-29 which established the Immokalee Senior Housing, Ltd. PUD Residential Planned Unit Development (RPUD); and WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Friendship Baptist Church Immokalee Florida, Inc., petitioned the Board of County Commissioners of Collier County, Florida to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [24-CPS-02537/1921943/1] 21 Immokalee Senior Housing / PL20240005475 2/24/25 1 of 2 CA() Page 20 of 301 SECTION ONE: CHANGE TO ZONING CLASSIFICATION AND AMENDMENTS TO ORDINANCE NO. 04-29, IMMOKALEE SENIOR HOUSING RPUD The zoning classification of the herein described real property located in Section 33, Township 46 South, Range 29 East, Collier County, Florida is changed from Residential Planned Unit Development (RPUD) and Residential Multi-Family-6 (RMF-6), with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4), to a Mixed Use Planned Unit Development (MPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4), for a 7.99± acre project known as the Immokalee Senior Housing MPUD in accordance with the revised PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. The Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, Exhibit "B" of Ordinance No. 04-29, Immokalee Senior Housing RPUD, is rescinded in its entirety. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK By: , Deputy Clerk Approved as to form and legality: Derek D. Perry ti5 Assistant County Attorney 2025. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: -- Burt L. Saunders. Chairman Attachments: Exhibit "A" — PUD Document [24-CPS-02537/1921943/1] 21 Immokalee Senior Housing / PL20240005475 2 of 2 2/24/25 eg 0 Page 21 of 301 IMMOKALEE SENIOR HOUSING A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE SENIOR HOUSING MPUD, A RESIDENTIA1,MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: United Church Homes 170 E. Center Street PO Box 1806 Marion, Ohio 43301-1806 PREPARED BY: Davidson Engineering, inc. Rich Joudrey, PE 2154 Trade Center Way Suite 3 Naples, Fl 34109 Talon Management, Inc. Tim Hancock, AICP 3898 Tamiami Trail North Suite 202 Naples, FL 34103 AMENDED BY: Q. Grady Minor and Associates, LLC 3800 Via Del Rey, Bonita Springs FL 34134 FOR: Friendship Baptist Church Immokalee Florida, Inc. PO Box 580, Immokalee FL 34143 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 5-11-2004 2004-29 Words underlined are additions, words struck A49ug ; are deletions (P120240010278) immokolee Senior Housing PODR.docx February 24, 2025 Page 1 of 24 Page 22 of 301 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION II SECTION III SECTION IV ECTION V PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL DEVELOPMENT AREAS PLAN PAGE 4410 COMMUNITY FACILITY DEVELOPMENT AREA 13 DEVELOPMENT COMMITMENTS 4-415 Words underlined are additions; words st,-uek thF;9Hgh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 2 of 24 •Y Page 23 03301 LIST OF EXHIBITS AND TABLES TABLE -17I: Residential (R) Tract Development Standards DEVIATION LIST EXHIBIT "A" MPUD Master Plan and Master Plan Notes EXHIBIT "B" Legal Deser-ipgeff Words underlined are additions; words stfuek threugh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 3 of 24 c Page 24 of 301 STATEMENT OF COMPLIANCE AND SHORT TITLE The development of approximately 7.44-7.99 acres of property in Collier County, as a ResideRtial Mixed Use Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING MPUD must be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan as it may be amended. The residential and recreational facilities of IMMOKALEE SENIOR HOUSING MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential -Mixed Use Proiect 1. The subject property is within the Residential Designation, High Residential District as identified on the Immokalee Future Land Use Map as required in Objective II.1; of the Immokalee Area Master Plan. Residential and Community Facilities are permitted in this Future Land Use Category. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Policy IL 1.2 of the Immokalee Area Master Plan. 3. The project development, as stipulated within this P4JDMPUD document regarding increased setbacks and buffering beyond the minimums set forth in the LDC, is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element and Policy l 1.1.3 of the Immokalee Area Master Plan. 4. Improvements are planned to be in compliance with applicable land development regulations asset forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 6. The projected density of 4-6-8 dwelling units per acre is in compliance with the Immokalee Area Master Plan based on the following relationships to required criteria: Base density: 8 upa (High Residential District) TOTAL �8 upa CHORT TITI .F. This Ordinance shall be known and cited as the "Immokalee Senior Housing ResidentialMixedUse Planned Unit Development Ordinance." Words underlined are additions; words struck h-eugh are deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 4 of 24 10 Page 25 of 301 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Immokalee Senior Housing Residential Mixed Use MPUD. LEGAL DESCRIPTION The subject property being 7-.447.99+/- acres, is described as: 29 Eu,ay ..,,,,,.., vvu,.a), . ..,, rrc ,being ivrcparcrvuxsm7dc.7cnvcaTrrcnzrrvit rrw A TRACT OR PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 46 SOUTH RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4158, PAGE 1502, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE ALONG THE NORTH, EAST AND SOUTH LINE OF SAID LANDS FOR THE FOLLOWING T14REE (3) COURSES AND DISTANCES (1) NORTH 89°12'37" EAST, FOR 288.59 FEET, (2) SOUTH 00°39'03" EAST, FOR 655.24 FEET; (3) SOUTH 89°13'37" WEST, FOR 167.21 FEET,• THENCE SOUTH 00038'48" EAST, FOR 333.80 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6158, PAGE 2192, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTH LINE OF SAID LANDS SOUTH 89016'25" WEST, FOR 300.26 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY OF I 1 TH STREET NORTH: THENCE ALONG SAID EAST RIGHT-OF-WAY. NORTH 00038'23" WEST, FOR 662.65 FEET: THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 89021'37" EAST, FOR 178.71 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4158, PAGE 1502, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE ALONG SAID WEST LINE NORTH 00038'23" WEST, FOR 326.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTAINING 7.99 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is currently under the ownership of Ursus Holdings, LLC and Friendshin Bantist Church Immokalee Florida. Inc. Hen.., Allen Fish 321 W r aiH Stfee, Words underlined are additions; words struck thFe gh ore deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 5 of 24 '9n Page 26 of 301 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the West 1/2 of Section 33, Township 46 South, Range 29 East. The project location is generally described as lying immediately east of l I' Street North, South of Lake Trafford Road in Immokalee, Florida. B. The zoning classification of the subject property prior to the date of this approved MPUD document was RMF-6 and RPUD. Words underlined are additions; words st-F •e' thFeugh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 5 of 24 �O Page 27 of 301 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Immokalee Senior Housing Des; -Mixed use MPUD shall be in accordance with the contents of this document, R42UDMPUD Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Except as noted in the multi -family dwelling unit limitation, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of lmmokalee Senior Housing Residef4ial Mixed Use MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless formal deviations have been sought and approved as part of this MPUD, the provisions of other land development codes remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities. Words underlined are additions; words stfuck thFaugh are deletions (PL20240010278) lmmokalee Senior Housing PUDR.docx February 24, 2025 Page 7 of 24 Q Page 28 of 301 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", MPUD Master Plan. There shall be 3-2 land use tracts, including necessary water management facilities. The general configuration of which is also illustrated by Exhibit "A". B. It is the intent of this MPUD to develop a&r-dable housing subject to limitations contained in this document and the Density Rating System contained in the Collier County Growth Management Plan. Community Facility uses are subject to standards identified in the CF Section of this MPUD. PHASE ACREAGE MAXIMUM NUMBER OF UNITS 1 2.09 30 units, which includes one unit within the main structure (not a separate structure) to house a superintendent or resident manager -2 2-.5-5 44 units 3 2-. 89 45 tinits C. Minor modification to all tracts or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code.(text removed) D. In addition to the various areas and specific items shown in Exhibit "A", easements (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The PUDMPUD is designed to accommodate dwelling types intended to serve the senior population of Immokalee. The residential use will consist of a€ r-dable rental apartments. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD if required, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," the MPUD Master Plan, constitutes the required MPUD Development Plan. Subsequent to or concurrent with P449MPUD approval, a Preliminary Subdivision Plat if applicable may be submitted for the entire area covered by Words underlined are additions; words struck th e6�gh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 8 of 24 a 0 Page 29 of 301 the MPUD Master Plan. Any division of property and the development of the land must be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code shall apply to the development of all platted tracts, or parcels of land. D. The development of any tract or parcel for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a PUD amendment in compliance with the LDC PUD amendment procedure in effect at that time. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Words underlined are additions; words struck are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 9 of 24 Page 30 of 301 SECTION III RESIDENTIAL DEVELOPMENT AREAc DST 3.1. PURPOSE The residential tracts, k—will allow for multifamily dwelling units limited to senior independent living residential facilities. 3.2. MAXIMUM DWELLING UNITS All phases The Residential (R) Tract shall not exceed 449-30 total dwelling units (including a caretaker/manager unit within building). the PUE) shall be as fallows: 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Use: Multi -family dwelling units -limited to only senior Independent living residence facility, as that term is described below: A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual dwelling units with living, sleeping, bathroom, and kitchen facilities. The Independent Living Residence Facility may include a Senior Village Community Center or Community Building, or similar common areas such as a common dining facility, and space for the provision of social, psychological, and educational programs. The facility may provide home health care or other community -based services for residents of the project on an individual basis and offer meals, linen, and housekeeping services. The Independent Living Residence Facility may provide a residence for a superintendent or for maintenance staff, but there shall be no on -site residence of medical or other staff. Services to anyone other than full-time residents are prohibited as part of this PUDMPUD. Words underlined are additions, words strdek through are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 10 of 24 Page 31 of 301 B. Accessory Uses: (1) Customary accessory uses and structures, excluding garages. (2) Common recreational amenities. (3) Maintenance facility (a garage -type door is allowable). 3.4. GENERAL DEVELOPMENT STANDARDS A. All yard setbacks, etc. shall be measured from the prejeet—Residential (R) Tract boundaries of the MPUD, with the exception of the required distance between structures. B. This project must utilize an overall architectural theme for all principal and accessory structures. 3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES A. MINIMUM LOT AREA: 10,000 square feet B. MINIMUM LOT WIDTH: 100 feet C. MINIMUM PRESERVE AREA: 0.47 acres D. MINIMUM PRESERVE WIDTH: 20 feet E. MINIMUM BUILDING SETBACKS (YARDS): (1) North_Side Yard: Phase 2—,aAdjacent to single family hemesCF Tract 54-20 feet Phase 3, adjaeent to eefneteFy 15feet (2) East (Rear Yard): Dnase'Adjacent to mobile homes 20 feet Phase 2, adjacent to duple3E straetttres 20 4et (3) South (Side Yard): Phase to single-family homes 20 feet Phase 2, adjacent to inebile hems 20 reet (4) West (Front Yard): P ;ase '�rStreet: 25 feet Phase 3 59fe0 (5) Distance between principal structures shall be 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. Distance between principal structures and accessory structures or between accessory structures shall be a minimum of 10 feet. (6) Minimum setback from Preserves — 25 feet F. MINIMUM FLOOR AREA: 550 square feet per unit Words underlined are additions; words stFuck thr^ugh ore deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 11 of 24 Page 32 of 301 G. OFF-STREET PARKING AND LOADING REQUIREMENTS (1) Off-street parking (subject of a deviation) Independent Living Residence Facility: 1 space per dwelling unit (2) Off -Street Loading spaces will be provided in compliance with LDC Section 2.3.21.3, but in no case will there be less than I loading space provide per building. H. MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood elevation, whichever is less 3.6 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES A. MINIMUM BUILDING SETBACKS (YARDS): (1) North (Side Yard): P4ase-2-,andjacent to single 44mily 1g9mesCF Tract 549-20 feet Fhase-3,adjaeew to eemetef� 15 Feet (2) East (Rear Yard): n,ase+--aAdjacent to mobile homes 20 feet Phase 2, adjacent to duplex struettwes 20 feet Phase 3, withpresef-fe &duplexes 60 feet (3) South (Side Yard): Phase'adjacentto single-family homes 20 feet Phase 2, adjacent to mobile hemes 20 feet (4) West (Front Yard): Phase 1 & 2 -Street: 25 feet Phase 3 50 feet (5) Distance between accessory structures - 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. (6) Minimum setback from Preserves - 10 feet B. MAXIMUM FLOOR AREA: 100 square feet per unit C. MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood elevation, whichever is less Words underlined ore additions, words stw gh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 12 of 24 0o Page 33 of 301 SECTION IV COMMUNITY FACILITY DEVELOPMENT AREA 4.1 PERMITTED USES: A maximum of one 5.000 rg oss square foot 200 seat church with accessory 100 student childcare and 50,000 gross square feet of offices and classroom space in support of educational trust family services, educational trusts, educational tutoring (8299) and job training and skill training centers shall be permitted within the Community Facility (CF) Tract of the MPUD No building or structure, or part thereof, shall be erected, altered or used or land used in whole or in part for other than the following: A. Principal Uses: I. Churches limited to one house of worship with a maximum of 5,000 rg oss square feet and a seating capacity of 200 individuals (8661) and accessory 100 student childcare facility 2. Educational, religious and charitable trusts (6732) 3. Individual and family social services, family counseling child guidance agencies and outreach proa ms only (8322) 4. Job training and skill training centers (8331) 5. Schools and Educational Services (8299) including only continuing education programs, curriculum development, language and reading schools tutorine and vocational counseling. 6. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: 1. Administrative Church Offices 2. Covered pavilions 3. Gazebos 4. Outdoor recreational areas, playlots, ots, playgrounds, which may include shade structures 5. Religious Educational Classrooms and Chorus Rehearsal Room 6. Social/Meeting and Fellowship Center 7. Water manajZement facilities to serve the project such as lakes. C. Prohibited Uses: 1. Soup kitchens 2. Homeless shelters 3. Drug, rehabilitation services Words underlined are additions, words s4uek threugh are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 13 of 24 od�:) Page 34 of 301 4.2 COMMUNITY FACILITY (CF) DEVELOPMENT STANDARDS TABLE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 Acre N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM LOT DEPTH 100 feet N/A MINIMUM SETBACKS Front Yard 25 feet 20 feet MPUD Perimeter 25 feet 10 feet Internal 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES 20 feet 20 feet MAXIMUM HEIGHT Zoned 45 feet 35 feet Actual 50 feet 35 feet MINIMUM FLOOR AREA 1,000 SF N.A. Note: Nothinp, in this MPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in the list of deviations, Exhibit "E DEVIATIONLIST• Page 23 of this MPUD. Words underlined are additions; words souck thFebogh are deletions O (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 14 of 24 kD Page 35 of 301 SECTION IV DEVELOPMENT COMMITMENTS 45.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 45.2. GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PJ.LDMPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the P44DMPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. B. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the RUPMPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. C. This project must provide a resident manager. D. Issuance of a development permit by a county does not in anv 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. (Section 125.022, FS) E. All other applicable state or federal permits must be obtained before commencement of the development. 45.3. PUDMPUD MASTER PLAN A. Exhibit "A", the PUDMPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed 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 plating or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. Words underlined are additions; words stmek thteugh are deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 15 of 24 Page 36 of 301 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. C. This project must provide a minimum of 60 percent, in the amount of no less than 4.46 acres, of usable open space as that term is defined in the LDC, and in compliance with LDC Section 2.6.32. Prior to development approval for any phase of this project, a comprehensive open space table must be provided on the site plan that demonstrates total open space requirement compliance. 45.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISIONS 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 Friendship Baptist Church of Immokalee, Florida, Inc., PO Box 580, Immokalee, Florida 34134. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally blinding 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 Entityshall hall 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 berelieved 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. 45.5. TRANSPORTATION A. Single access to the PJ.QMPUD shall be in alignment with Santa Rosa Avenue such that to create a two way stop control. B. Arterial level street lights shall be provided at the point of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. 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, FOOT 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 (LDC). Words underlined are additions; words stFuekthFeugh are deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 16 of 24 U Page 37 of 301 D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). E. Site -related improvements necessary for safe ingress and egress to this project, 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 CO. F. Road impact fees shall be paid in accordance with Collier County Ordinances 01 13 and G. All work within Collier County rights -of -way or public easements shall require a Right- of-way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247) and the LDC. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUDMPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. I. 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 will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. K. If any required turn lane improvement requires the use of existing County right- of -way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. If, in the sole opinion of Collier County, 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 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 CO. M. The maximum total daily trip generation for the MPUD shall not exceed 158 two-way PM peak hour net 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. Words underlined are additions; words st tMFeagh are deletions Q (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 17 of 24 Page 38 of 301 45.6 WATER MANAGEMENT Water management will be provided per Collier County requirements in effect at the time of development plan submittal. 45.7 ENVIRONMENTAL A. This P-T-;BMPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This RUDMPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. C. All conservation areas shall be designated as tracts or easements with protective covenants. Easements shall be dedication on the plat to an appropriate entity for ownership and maintenance and to Collier County with no responsibility for maintenance. D. All principal structures shall have a mmImum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback from the boundary of any preserve. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed within the preserve areas and subsequent annual removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. n Pfesen,e n,- ., Management Plan shall b e p ,:ded to L'fiyifeii.„o.,t.,l Staff for- .. ..l .. ... ,.,�.,..,, ...emu �.�u„ub., .�.,,�. Plan �.�n 0 0s fire management, F4-F_All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. -H-.G. Permitted uses within preserves shall be limited to low -impact passive recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses will not allow the Preserve to drop below minimum required acreage. Words underlined are additions; words t-Fucks' are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 18 of 24 G Page 39 of 301 3-H_As part of the development order submittal for the first phase of development, the developer must identify all areas that must be created within the boundary of the Preserve. These depictions are subject to further review and approval by staff. Furthermore, the depictions must comply with the requirements of Section 3.9 of the LDC. I. No native preservation area is required as there is no native vegetative community on the property. 33 native trees exist on -site and 15% or 5 trees will be retained or replanted consistent with LDC Section 3.05.07.A.2. The retained or replanted trees will be shown on the Site Development Plan. 45.8 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office, which can be constructed in compliance with temporary use allowances in the LDC. 45.9 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 45.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS The following landscape buffering requirements shall apply to this project: A. The developer must retain all existing indigenous plant material within all buffer areas and setback areas not occupied by parking areas, as volunteered by the agent in a March 25, 2004 letter. B. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single-family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a mobile home, street, church or cemetery, a type "B" must be provided. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer areas are increased by an equivalent width. D. Prior to site development plan approval for any portion of this site, the developer must revise the development plan to be in compliance with the landscape island width standards of the LDC. No deviations were sought or approved to relax any landscape island width standards. Gailief f`eunty Land Development !`ode in e ffeet at the time of bull` iRg p r,.,;t ., pliGatkffl f+Offl afl�' FeqtfiFefflefl�S have been appr-evead­ The development Must Words underlined are additions, words stcuek Mreugh are deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 19 of 24 O GP Page 40 of 301 44-25.11 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 LIGHTING: Parking lot lighting for the CF Tract shall be dark sky compliant (flat panel full cut off fixtures— backlight. uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the MPUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the MPUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. 5.13 PLANNING: A. The proposed educational use is not a traditional educational facility and serves the nekyhboring schools with after school learning opportunities. Per LDC 4.05.04.F.4, the CouM Manager of designee may determine the minimum required parking for uses not specifically reference; therefore, the educational, social service and skill training use shall provide minimum parking at the following standard. 1 per 1 staff member 1 per 7 students B. The Communijy Facility uses shall adhere to the following hours of operation: 1. Between 7:00am to 10:30pm. Operational hours may be extended to 12:30am up to two (2) times per month to accommodate religious holiday services or special religious functions. 2. Uses are restricted to church and religious organizational uses; civic association meetings; community meetings; self-help groups, social service clubs; a church run food bank, and other uses that are comparable to and consistent with these uses as determined by the County Manager or designee. Words underlined are additions; words s'-,.through are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 20 of 24 GP Page 41 of 301 C. Hours of operation for the church use shall be 7:00 am to 9:00 pm weekdays and 8.00 am to 10:00 pm on Saturdays and Sundays. These hours are not applicable for religious holiday worship events. D. Outdoor assembly may occur between 7:00 a.m. and 8.00 p.m weekdays and 8.00 a.m. and 8:00 p.m. Saturdays and Sundays. E. Outdoor amplified sound is prohibited for uses on the CF Tract unless approved as part of a special event temporary use permit. F. All pickup and drop off will occur onsite and no vehicle stacking shall occur offsite. G. The property owner will notify the Collier County Sheriff's Office and Collier County Transportation Engineering of any service or church event that may reasonably be expected to have significant traffic generation and shall provide traffic control by enforcement, or a law enforcement approved service provider, as directed by the Sheriff's Office, H. For services or other periods or events of significant traffic generation as determined by Collier County staff, the church shall provide traffic control by law enforcement or a law enforcement -approved service provider as directed by Collier County staff, with staffing at the location(s) as directed by the Collier Counly Transportation Engineering Division Director or designee. 1. Except as provided for the permitted church use, daycare services school or food service will not be offered on site, unless in conjunction with and during a church service or a permitted special event. Words underlined are additions; words struck are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 21 of 24 Page 42 of 301 TABLE 1EI RESIDENTIAL (R) TRACT DEVELOPMENT STANDARDS REQUIREMENTS PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A FLOOR AREA 550 sq. ft. per unit 100 sq. ft. per unit MINIMUM MAXIMUM MINIMUM BUILDING SETBACKS (YARDS) North (Side Yard): Dom, :djacent to single family 54-20 feet -5&20 feet hemesCF Tract 15 feet #eet East (Rear Yard): Dom, aAdjacent to mobile homes Aare 7 .,.7:.,. to duplex StFuet„few. 20 feet 20 feet 20 feet 20 feet et4 Phase 3 with, p e e & .7uplexe South (Side Yard): 6feet 60 f£pt P Adjacent to single-family homes Phase 7 adja.ent to ..,.-h:1e h.. eaS 20 feet 20 feet 20 feet 20 feet West (Front Yard): nose ! & 2 -Street: Phase 3 25 feet 4Q 25 feet MINIMUM PRESERVE SETBACKS €eet 25 feet 50 feet 10 feet MINIMUM DISTANCE 15 feet or''/2 the sum of 15 feet or''/2 the sum of the BETWEEN STRUCTURES the building heights, building heights, whichever whichever is greater is greater MAXIMUM BUILDING HEIGHT 35 feet or a maximum 25 feet or a maximum of 2 stories above of 1 story above minimum minimum base flood base flood elevation, elevation, whichever is whichever is less less MINIMUM PRESERVE AREA: 0.47 acres MINIMUM PRESERVE WIDTH: 20 feet Note: No sructures are permitted in the required, 20 foot lake maintenance easement. Words underlined are additions; words str " big are deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 22 of 24 Page 43 of 301 IMMOKALEE SENIOR HOUSING PUDMPUD PUDZ-2003-AR-4340 DEVIATION LIST APRIL 28, 2004 Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi -family dwelling unit parking standards requiring this project to provide 210 parking spaces, to allow the project to provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 34 percent reduction in the parking. Deviation #1 is approved limited to the following parking space allocation, and subject to the conditions listed below: No. of Bedrooms No. of Units Parking required for Residents 1:1 ratio Total REQUIRED Phase 1 1 28 28 2 2 2 33 Phase 2 1 2 42 2 2 2 47 Phase 3 1 43 43 2 2 2 48 Project Total s 1 113 113 2 6 6 128 Parking Deviation Conditions: 1. Any change in unit allocation within a phase noted above will require an equivalent change in the parking allocation; and 2. Garages for individual dwelling units are prohibited; and The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be provided, thus allocating the area on site that would normally be occupied by parking spaces to be utilized for open space areas. Words underlined are additions, words 6tfuek IhFeegh ore deletions (PL20240010278) Immokolee Senior Housing PUDR.docx February 24, 2025 Page 23 of 24 CA Page 44 of 301 Words underlined are additions; words struck ;rough are deletions (PL20240010278) Immokalee Senior Housing PUDR.docx February 24, 2025 Page 24 of 24 CA Page 45 of 301 ZONED: RSF-3 USE: RESIDENTIAL 10' WIDE TYPE'D' — LANDSCAPE BUFFER z ZONED: RSF-3 USE: RESIDENTIAL 10' WIDETYPE'D' LANDSCAPE BUFFER 10' WIDE TYPE W LANDSCAPE BUFFER ZONED: RMF-6 USE: CHURCH POTENTIAL - VEHICULAR INTERCONNECTION 10' WIDE TYPE 'A' LANDSCAPE BUFFER FX az p w• �. w. IL wGradyll�inor O CraJyMwrmWawrle nllre r 1 Y 111111 ,61 Ilrl g Run11a Spring,. flm•ida 31134 Civil Engineers Land Surveyors Planners . Landscape Archllzcls ua of AUIL E90005151 Ce of A.0 UIX 5151 Rr ne, LI 2-r12111 Boni[a Springs: 239.9471144 u. Gridyllinnr. rnm Fort M.wm 239690 A390 ZONED: RMF-6 USE: CEMETERY 10' WIDE TYPE 'A' LANDSCAPE BUFFER w G m w a ¢ ZONED: RMF-6 USE: RESIDENTIAL CFI *INCLUDES OUTDOOR RECREATION AND ASSEMBLY AREA •z� az,. � w 15' WIDETYPE'B' r LANDSCAPE BUFFER L7 - L� 1 15' WIDE TYPE 'B' TRACT BOUNDARY LANDSCAPE BUFFER Q ¢ w a ¢ ZONED: MH Q USE: RESIDENTIAL z QR 15' WIDE TYPE'B' ¢ LANDSCAPE BUFFER 0. Q ZONED: RMF-6 �� 15' WIDETYPE'B' USE: RESIDENTIAL LANDSCAPE BUFFER IMMOKALEE SENIOR HOUSING MPUD EXHIBIT A MASTER PLAN REVISED 2/20/2025 N 0 60' 4 20' SCALE: 1" = 120' crone. SHEET 1 of 2 Page 46 of S0'441,0 SITE SUMMARY TOTAL SITE AREA: 7.99± ACRE RESIDENTIAL (R) TRACT: 2.32± AC (29%) COMMUNITY FACILITY (CF) TRACT: 5.67± AC (71%) RESIDENTIAL: MAXIMUM 30 DWELLING UNITS COMMUNITY FACILITY: MAXIMUM 50,000 SQUARE FEET MAXIMUM 5,000 SQUARE FEET, 200 SEAT CHURCH MAXIMUM 100 STUDENT DAY CARE C)PFN CPACF- REQUIRED: 30% PROVIDED: 30% (WITHIN THE OVERALL PUD) PRF.SF.RVF.: REQUIRED: 0± ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0± ACRES TREE PRESERVATION: REQUIRED: SUBJECT TO LDC 3.05.07.13 PROVIDED: SUBJECT TO LDC 3.05.07.13 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS AS PERMITTED BY THE LDC. IMMOKALEE SENIOR HOUSING MPUD G dyM in ucl:unul�l•::1lanurlale„e� ra o r © a on,la Dcl e�y nu1Bla Sp1b:p„.Flm•M. 31134 EXHIBIT A CIA] Engineers . Land Surveyors . Planners . Landscape Architects MASTER PLAN NOTES NCr joF .(I.. EB"5151 C 1.1.A.0 LB1 5151 B.-LC2e000zee REVISED 2/20/2025 ME 1 D.3omw Springs'1399471144 uu•u6-dy1lm-rnm FoM Mere: 2396904380 SHE Page 47 ofw Ft - W- z Y 44 I YN I .+ ssylgg� I�. II � v q �q 1!i I I NN I _ • ,arnz s Revised to reflect May 11, 2004 Board Action 21 Page 46 uv'mr.f EXHIBIT ` Wl LEGAL DESCRIPTION PROPERTY DESCRIPTION: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ COMMENCE AT THE* SOUTHWEST CORNER OF THE NORTHWEST 1/ SOUTHEAST 1/4 OF'CHE SOUTHWEST 1/4 OF SAID SECTION 33, CE: N19 00°00'20" W.. ALONC THE WEST LINE OF THE NORTHWEST 1/ SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION , (SA LINE ALSO BEING THE CENTERLINE OF I ITH STREET NOR IST E OF 194.68 FEET; THENCE N. 8905040" E., PARALLEL WITH ORTH ' OF THE NORTHWEST 1,4 OF THE SOUTHEAST 1/4 OF T4E S SAID SEc_•TION 33, A DISTANCE OF 30.00 FEET TO EAS F- WA) LINE OF SAID I ITH STREET NORTH AND THE OF BEG OF THI PARCEL OF LAND HEREIN DESRIBED; THEN UE N. 89 " E.. ALONG LAST SAID LINE, A DISTANCE OF 8.71 ; THENCE N. W.. PARALLEL WITH THE WEST LINE O E NOR ST 1/4 OF SOUTHEAST 1/4 OF THE SOUTHWEST ON 33, A DIST CE OF 460.42 FEET; THENCE N. 89°50'40" E., A C Tlg WEST LINE OF THE EAST 163 FE THE N SOUTHEAST 1/4 OF'THE SOU /4 OF SA ON 33; WIENCE. S. 00001'00" E., ALONG SAID LINE, A DISTANC 5.24 FEET TO THE SOUTH LINE OF THE NOR EST 1/4 OF THE SO /4 OF THE SOUTHWEST 1/4 OF SAID S ON 33; THENCE S. 89°5 'W., ALONG SAID SOUTH LINE, A D1S-- NCE .21 FEET TO W LINE OF THE NORTHWEST 1/4 E SO EST 1/4 OF UTHEAST 1/4 OF THE SOUTHWEST 1/ SE THENCE 000'45" E., ALONG :AID WEST LINE, A DISTF 333. SOUTH LINE OF THE NORTHWEST 1/4 OF THW SOUTHEAST 1/4 OF THE SOUTNW 4 Ol' SA ON 33; THENCE S. 89°54'32" W., ALONG 3AID SO S"ANCE .26 FEET TO THE EAST RIGHT-OF-WAY LIN SAID STREET CE N. 00°00'20" W., ALONG SAID E 1GHT—OF p Y LINE, A D CE OF 528.23 FEET TO THE POINT OF 22 Page 49 of 301 23 1 H N 24 Page bl o m -- ORDINANCE NO. 04 - 29 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE 2627_?9 ZONING REGULATIONS FOR THE UNINCORPORATED `$ AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 6933S; BY CHANGING THE ZONING CLASSIFICATION OF THE "RMF-6" HEREIN DESCRIBED REAL PROPERTY FROM co A RESIDENTIAL MULTI -FAMILY ZONING DISTRICT TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE S�SlZ6frL����� SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO PROVIDE 59.52 AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED ON THE EAST SIDE OF IITH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition number PUDZ-2003-AR-4390 to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6" Residential Multiple -family zoning district to "RPUD" Residential Planned Unit Development in accordance with the Immokalee Senior Housing, Ltd. PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. SECTION TWO: The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. Page 1 of 2 Page 52 of 301 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this � day of 2004. ISVVIGHT E `i 1 G& CLERK Deputy O7erI<`� '. nan �� t' lA Approved as to form and legal sufficiency Ij Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA G . BY: ee,c cjz4 . ONNA FIALA, CHAIRMAN This ordinance filed with the lry of tote Off' p they ay of 0 ., -20 and ocknowledgemen that filin received th' day of G By pepuly rk Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 Page 53 of 301 IMMOKALEE SENIOR HOUSING A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: United Church Homes 170 E. Center Street PO Box 1806 Marion, Ohio 43301-1806 PREPARED BY: Davidson Engineering, Inc. Rick Joudrey, PE 2154 Trade Center Way Suite 3 Naples, FL 34109 Talon Management, Inc. Tim Hancock, AICP 3898 Tamiami Trail North Suite 202 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Page 54 of 301 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I : PROPERTY OWNERSHIP & DESCRIPTION SECTION II: PROJECT DEVELOPMENT SECTION III: RESIDENTIAL AREAS PLAN SECTION IV: DEVELOPMENT COMMITMENTS PAGE 3 4 5 7 11 14 Page 55 of 301 TABLE l: DEVIATION LIST EXHIBIT "A" EXHIBIT `B" EXHIBIT "C" EXHIBIT "D" LIST OF EXHIBITS AND TABLES Development Standards PUD Master Plan Legal Description Location Map Boundary Survey Page 56 of 301 STATEMENT OF COMPLIANCE AND SHORT TITLE The development of approximately 7.44 acres of property in Collier County, as a Residential Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING PUD must be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan as it may be amended. The residential and recreational facilities of IMMOKALEE SENIOR HOUSING PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project I. The subject property is within the Residential Designation, High Residential District as identified on the Immokalee Future Land Use Map as required in Objective 11.1; of the Immokalee Area Master Plan. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Policy II.1.2 of the Immokalee Area Master Plan. 3. The project development, as stipulated within this PUD document regarding increased setbacks and buffering beyond the minimums set forth in the LDC, is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element and Policy II.1.3 of the Immokalee Area Master Plan. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 6. The projected density of 16 dwelling units per acre is in compliance with the Immokalee Area Master Plan based on the following relationships to required criteria: Base density: 8 upa (High Residential District) Affordable Housing Provision: 8 upa (Maximum) TOTAL 16 upa SHORT TITLE This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential Planned Unit Development Ordinance." 4 Page 57 of 301 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Immokalee Senior Housing Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 7.44 acres, is described as: A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township 46 South, Range 29 East, Collier County, Florida, being more particularly described in Exhibit `B" 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Henry Allen Fish, 321 W Main Street, Immokalee, FL, 34142-3930. The subject property is under contract to purchase by Immokalee Senior Housing LTD, 170 E. Center Street; Marion, Ohio 43301-1806, of which United Church Homes, I for whom this PUD document was prepared by the agent, is a general partner. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the West 1/2 of Section 33, Township 46 South, Range 29 East. The project location is generally described as lying immediately east of 11` Street North, South of Lake Trafford Road in Immokalee, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was RMF-6. 1.5 PHYSICAL DESCRIPTION The project consists of 7.44± acres of mowed grass, scrub/upland habitat and scattered pine trees. There are two existing homes located on the property. The existing site is well drained and maintained and does not have any natural features which would complicate development as proposed. Development of this project will require the removal of existing buildings on the property. Surface water management for the project will be designed according to South Florida Water Management District design standards. Since the site is under the minimum area threshold and no jurisdictional wetlands exist, surface water management permitting should fall under Collier County jurisdiction. 5 Page 58 of 301 Water Management for the proposed project is planned to be the dry retention type. Elevations within the project site range from 33.2 to 34.9 feet above mean sea level. The entire site is in Flood Zone D according to Firm Map dated June 3`d, 1986 Panel No. 120067 0150 D. The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar, limestone substratum, complex. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PROJECT DESCRIPTION The project will be developed to serve residential needs of the elderly in the Immokalee community. This PUD only permits the development of the subject property to contain affordable housing apartments to serve the aging population in the area. 6 Page 59 of 301 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Immokalee Senior Housing Residential PUD shall be in accordance with the contents of this document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Except as noted in the multi -family dwelling unit limitation, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Immokalee Senior Housing Residential PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless formal deviations have been sought and approved as part of this PUD, the provisions of other land development codes remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities. Page 60 of 301 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be 3 land use tracts, including necessary water management facilities. The general configuration of which is also illustrated by Exhibit "A". B. It is the intent of this PUD to develop affordable senior housing subject to limitations contained this document and the Density Rating System contained in the Collier County Growth Management Plan. PHASE ACREAGE MAXIMUM NUMBER OF UNITS 1 2.09 30 units, which includes one unit within the main structure (not a separate structure) to house a superintendent or resident manager 2 2.55 44 units 3 2.80 45 units C. Minor modification to all tracts or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code.(text removed) D. In addition to the various areas and specific items shown in Exhibit "A", easements (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The PUD is designed to accommodate dwelling types intended to serve the senior population of Immokalee. The use will consist of affordable rental apartments. A maximum of 119 non -market rate multi -family residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 7.44 acres and a maximum of 16 dwelling units per acre. A density of more than 8.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD if required, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable may be submitted for the entire area covered by a Page 61 of 301 the PUD Master Plan. Any division of property and the development of the land must be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code shall apply to the development of all platted tracts, or parcels of land. D. The development of any tract or parcel for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a PUD amendment in compliance with the LDC PUD amendment procedure in effect at that time. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. E Page 62 of 301 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The project shall contain up to 3 development tracts, which will allow for multi- family dwelling units limited to senior independent living residential facilities. 3.2. MAXIMUM DWELLING UNITS All phases combined shall not exceed 119 total dwelling units. The maximum number of dwelling units allowed within the PUD shall be as follows: Phase 1: 30 Units (including a caretaker/manager unit within building) Phase 2: 44 Units Phase 3: 45 Units Total: 119 Units 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Use: Multi -family dwelling units —limited to only senior Independent living residence facility, as that term is described below: A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual dwelling units with living, sleeping, bathroom, and kitchen facilities. The Independent Living Residence Facility may include a Senior Village Community Center or Community Building, or similar common areas such as a common dining facility, and space for the provision of social, psychological, and educational programs. The facility may provide home health care or other community -based services for residents of the project on an individual basis and offer meals, linen, and housekeeping services. The Independent Living Residence Facility may provide a residence for a superintendent or for maintenance staff, but there shall be no on -site residence of medical or other staff. Services to anyone other than full-time residents are prohibited as part of this PUD. io Page 63 of 301 B. Accessory Uses: (1) Customary accessory uses and structures, excluding garages. (2) Common recreational amenities. (3) Maintenance facility (a garage -type door is allowable). 3.4. GENERAL DEVELOPMENT STANDARDS A. All yard setbacks, etc. shall be measured from the project boundaries of PUD, with the exception of the required distance between structures. B. This project must utilize an overall architectural theme for all principal and accessory structures. 3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES A. MINIMUM LOT AREA: 10,000 square feet B. MINIMUM LOT WIDTH: 100 feet C. MINIMUM PRESERVE AREA: 0.47 acres D. MINIMUM PRESERVE WIDTH: 20 feet E. MINIMUM BUILDING SETBACKS (YARDS): (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2—Street: 25 feet Phase 3 50 feet (5) Distance between principal structures shall be 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. Distance between principal structures and accessory structures or between accessory structures shall be a minimum of 10 feet. (6) Minimum setback from Preserves — 25 feet F. MINIMUM FLOOR AREA: 550 square feet per unit G. OFF-STREET PARKING AND LOADING REQUIREMENTS ii Page 64 of 301 3.6 (1) Off-street parking (subject of a deviation) Independent Living Residence Facility: 1 space per dwelling unit (2) Off -Street Loading spaces will be provided in compliance with LDC Section 2.3.21.3, but in no case will there be less than 1 loading space provide per building. H. MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood elevation, whichever is less DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES A. MINIMUM BUILDING SETBACKS (YARDS): 141 (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2—Street: 25 feet Phase 3 50 feet (5) Distance between accessory structures - 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. (6) Minimum setback from Preserves — 10 feet MAXIMUM FLOOR AREA: 100 square feet per unit MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood elevation, whichever is less 12 Page 65 of 301 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2. GENERAL 4.3. A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. B. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. C. This project must provide a resident manager. PUD MASTER PLAN A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed 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 application. Subject to the provisions of Section 2.7.3.5 of the 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. C. This project must provide a minimum of 60 percent, in the amount of no less than 4.46 acres, of usable open space as that term is defined in the LDC, and in compliance with LDC Section 2.6.32. Prior to development approval for any phase of this project, a comprehensive open space table must be provided on the site plan that demonstrates total open space requirement compliance. 13 Page 66 of 301 4.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Development of the first Phase of the Immokalee Senior Housing PUD is expected to commence in 2004. The project may be completed as early as 2009, including all amenities and improvements shown on the PUD Master Plan. B. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION A. Single access to the PUD shall be in alignment with Santa Rosa Avenue such that to create a two way stop control. B. Arterial level street lights shall be provided at the point of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. 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 (LDC). D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). E. Site -related improvements necessary for safe ingress and egress to this project, 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 CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13 and Division 3.15. LDC. G. All work within Collier County rights -of -way or public easements shall require a Right-of-way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247) and the LDC. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 14 Page 67 of 301 I. 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 will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. K. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. If, in the sole opinion of Collier County, 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 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 CO. 4.6 WATER MANAGEMENT Water management will be provided per Collier County requirements in effect at the time of development plan submittal. 4.7 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. C. All conservation areas shall be designated as tracts or easements with protective covenants. Easements shall be dedication on the plat to an appropriate entity for ownership and maintenance and to Collier County with no responsibility for maintenance. D. 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 from the boundary of any preserve. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed within the preserve areas and subsequent annual 15 Page 68 of 301 removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. H. Permitted uses within preserves shall be limited to low -impact passive recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses will not allow the Preserve to drop below minimum required acreage. I. Prior to the issuance of the first Certificate of Occupancy for any portion of this property, the developer must remove all exotic plants as defined in division 3.9 from the entire PUD site, to include future development phases. Subsequent to first phase removal, the developer must implement a maintenance program to prevent reinvasion of the site by exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the community development services director in accordance with the standards established in division 3.9. Protection of native vegetation, according to the applicable provisions of the LDC must be implemented during prohibited exotic vegetation removal. J. As part of the development order submittal for the first phase of development, the developer must identify all areas that must be created within the boundary of the Preserve. These depictions are subject to further review and approval by staff. Furthermore, the depictions must comply with the requirements of Section 3.9 of the LDC. 4.8 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure except for a construction site office, which can be constructed in compliance with temporary use allowances in the LDC. 4.9 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 4.10 LANDSCAPE BUFFERS BERMS FENCES AND WALLS The following landscape buffering requirements shall apply to this project: A. The developer must retain all existing indigenous plant material within all buffer areas and setback areas not occupied by parking areas, as volunteered by the agent in a March 25, 2004 letter. 16 Page 69 of 301 B. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single-family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a mobile home, street, church or cemetery, a type "B" must be provided. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer areas are increased by an equivalent width. D. Prior to site development plan approval for any portion of this site, the developer must revise the development plan to be in compliance with the landscape island width standards of the LDC. No deviations were sought or approved to relax any landscape island width standards. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. The site plan provided with the PUD application does not meet landscape island width standards. No deviations from any requirements have been approved. The development must provide a site plan for development approval that is fully compliant with all landscape island standards. 4.12 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 17 Page 70 of 301 TABLE 1 DEVELOPMENT STANDARDS REQUIREMENTS PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A FLOOR AREA 550 sq. ft. per unit 100 sq. ft. per unit MINIMUM MAXIMUM MINIMUM BUILDING SETBACKS (YARDS) North: Phase 2, adjacent to single-family homes 50 feet 50 feet Phase 3, adjacent to cemetery 15 feet 15 feet East: Phase 1, adjacent to mobile homes 20 feet 20 feet Phase 2, adjacent to duplex structures 20 feet 20 feet Phase 3, with preserve & duplexes 60 feet 60 feet South: Phase 1, adjacent to single-family homes 20 feet 20 feet Phase 2, adjacent to mobile homes 20 feet 20 feet West Phases 1 & 2—Street: 25 feet 25 feet Phase 3 50 feet 50 feet MINIMUM PRESERVE SETBACK 25 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES 15 feet or 1/2 the sum 15 feet or 1/z the sum of the building heights, of the building heights, whichever is greater whichever is greater MAXIMUM BUILDING HEIGHT 35 feet or a maximum 25 feet or a maximum of 2 stories above of 1 story above mini - minimum base flood ele- mum base flood elevation, vation, whichever is less whichever is less MINIMUM PRESERVE AREA: 0.47 acres MINIMUM PRESERVE WIDTH: 20 feet Notes: No structures are permitted in the required, 20 foot lake maintenance easement 18 Page 71 of 301 IMMOKALEE SENIOR HOUSING PUD PUDZ-2003-AR-4390 DEVIATION LIST APRIL 28, 2004 Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi -family dwelling unit parking standards requiring this project to provide 210 parking spaces, to allow the project to provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 39 percent reduction in the parking. Deviation #1 is approved limited to the following parking space allocation, and subject to the conditions listed below: Parking Deviation Conditions: I. Any change in unit allocation within a phase noted above will require an equivalent change in the parking allocation; and 2. Garages for individual dwelling units are prohibited; and 3. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be provided, thus allocating the area on site that would normally be occupied by parking spaces to be utilized for open space areas. Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot wide type "B" buffer, to allow a 15 foot wide buffer area that will contain trees spaced no more than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15 19 Page 72 of 301 foot wide type "D" buffer will be provided. The effect of this deviation would primarily be to provide a type "A" buffer rather than a "B" buffer where a "B" buffer is required. Deviation #2 is denied. 20 Page 73 of 301 CD CO O a) d otttto r $ NV • JIr� � . �,... (g) ,9Z'OOf Ir--- I N I. { I I lZ'491� SL —) � � I flw •OOYot 4-n (J a ^ � 2 r W W d M W I , I ,••••• (a) j4,91.l a snsm. Y � Y�jj I I o o�0ZD ! I7 N I E e4 0 zc� I �I F ""�• ,6S'99Z V Y Revised to reflect W May 11, 2004 Board Action 21 EXHIBIT "W' LEGAL DESCRIPTION PROPERTY DESCRIPTION: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THfi SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, THENCE: N. 00000'20" W., ALONC THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, (SAID LINE ALSO BEING THE C1:NTERLINE OF I ITH STREET NORTH), A DISTANCE OF 194.68 FEET; THENCE N. 89°50'40" E., PARALLEL WITH THE NORTH LINT; OF THE NORTHWEST 1,4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT -OF- WAY LINE OF SAID 11 TH STREET NORTH AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESRfBED; THENCE CONTINUE N. 89°50'40" E., ALONG 1-AST SAID LINE, A DISTANCE OF 178.71 FEET; THENCE N. 00°01)'20" W., PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 460.42 FEET; THE NCE N. 89°50'40" E., A DISTANCE OF 288.59 FEET TO THE WEST LINE OF THE EAST 163 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE: S. 00001'00" E., ALONG SAID WEST LINE, A DISTANCE OF 655.24 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S. 89*51'40" W., ALONG SAID SOUTH LINE, A DISTANCE OF 167.21 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, THENCE S. 00°00'45" E., ALONG SAID WEST LINE, A DISTANCE OF 333.80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S. 89°54'32" W., ALONG 3AID SOUTH LINE, A DIS"'ANCE OF 300.26 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID i ITH STREET NORTH; THENCE N. 00°00'20" W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 528.23 FEET TO THE POINT OF BEGINNING. CONTAINING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS. 22 Page 75 of 301 MIN' N -,1 eft CL C4 G W Cl)i ro7 O J 23 Nup- 24 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004, by and between United Church Homes (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase an option to purchase contract a tract of real property described as (complete legal description) See attached legal description Collier County, Florida (The "Property"). The legal and equitable owners include Henry Allen Fish. It is the Developers intent to construct a maximum of 119 residential units (the "Units") at a density of 16 units per gross acre on the Property. The gross acreage of Property is 7.44 acres. The number of affordable Units constructed by Developer shall be 119 , representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., which density bonus can only be granted by the Commission and utilized by the developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 59.52 affordable bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the affordable housing density bonus of 8 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: Page 78 of 301 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 119 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one -twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to -2- Page 79 of 301 publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three -step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, -3- Page 80 of 301 the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a low or very low household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as -4- Page 81 of 301 provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be,filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 8 and is therefore granted a affordable housing density bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 59.52 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 119 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. -5- Page 82 of 301 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them. by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return - receipt requested U.S. Mail, or hand -delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its -6- Page 83 of 301 duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Collier County Financial Administration & Housing Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Developer: Immokalee Senior Housing, Ltd. 170 E, Center Street Marion, Ohio 43301-1806 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the parties agree that if Developer -7- Page 84 of 301 transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in -8- Page 85 of 301 a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100 percent affordable housing units for this project, with 100 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. -9- Page 86 of 301 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:, DWIGH;f E..• BR©C;< rk BOARD F COUNTY COMMISSIONERS �' �' COL COUNTY, FL RIDA Jdtt?ct, ns'jlul 'Oat ra's By. DONNA FIALA, Chairman Approved as to form and legal sufficiency: n Patrick G. W ite Assistant County Attorney DEVELOPER: IMMOKALEE SENIOR HOUSING, LTD. By: Cheryl L. Wickersham Asst. Sec/Treasurer, UCCXIV, Inc. General Partner of Immokalee Senior Housing, LTD Contract Purchaser Witnesses: (PRINT AND SIGN NAMES BELOW) STATE OF ) COUNTY OF ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by WITNESS my hand and official seal this day of , 2004. Notary Public My Commission Expires: - 10- Page 87 of 301 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 113 400 2 Bedroom 6 400 3 Bedroom 4 Bedroom TOTAL 119 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY -VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 8 units/acre. (2) Gross acreage 7.44 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 8 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 16 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. -11- Page 88 of 301 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner -occupied or rental, single-family or multi -family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. -12- Page 89 of 301 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 _ MORE MODERATE (OWNER -OCCUPIED, 0 1 * 1 SINGLE-FAMILY) LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI -FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 -13- Page 90 of 301 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev.4/01 -14- Page 91 of 301 APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name Race/National Origin: Handicap: Yes _ No _ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Title City State Zip Telephone No. Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. Job Every 2 Weeks $ Monthly $ Birth Date --- How long with Previous Employer Job Title CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer _ Job Title Every 2 Weeks $ Monthly $ Birth Date Job -15- Page 92 of 301 NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: 2, Name: Address: Address: How Long Known: How Long Known: -16- Page 93 of 301 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Tenant's Name: : Present Address: Street City I hereby make application for an apartment at Social Security Number ,Social Security Number State Zip I hereby declare and reveal all of my sources of income. Telephone No. Apartments. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co -Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. 17- Page 94 of 301 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, hereby authorize the release of information requested (Applicant) on this verification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this My Commission Expires: day of Notary Public 2001. EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of , 2001. Notary Public My Commission Expires: THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. -18- Page 95 of 301 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD — 7.44 Acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 6-30-03 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 16 units/acre. Gross acreage of the proposed development. 7.44 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Immokalee Senior Housine PUD 11`h Street North Immokalee FL 5. Name of applicant United Church Homes Name of land developer if not the same as Applicant: same as applicant 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency -19- Page 96 of 301 One Bedroom 113 Two Bedroom 6 Three Bedroom Other Bedroom TOTAL 119 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 113 59.52 2 Bedroom 6 3 Bedroom Other TOTAL 119 5952 Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom -20- Page 97 of 301 Other TOTAL Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY -VERY LOW INCOME (35% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. Phase I will consist of 28 one -bedroom and 2 two -bedroom apartment units in a two-story elevator building. All units will serve the low-income elderly population. The units will have through wall electric resistance heating and air conditioning. Floor coverings will consist of carpeting in the living room and bedrooms and vinyl ,flooring in the kitchens and baths. Window coverings will be mini -blinds. The kitchens in all units will include a range, range hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will also have a ceiling fan light fixture. The apartment building will include a coin -operated laundryfacilityfor resident use. Phase 2 and/or 3 will be of a similar nature. One bedroom units are 576 square feet and two bedroom units are 739 square feet. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. -21- Page 98 of 301 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-29 Which was adopted by the Board of County Commissioners on the llth day of May, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio,to.Board of County Comm:�,gs2oners By: , Ahn'.Jenni j fin; `l =D&put�kC.lei?k ` Page 99 of 301 —IsiQ��BY Co14-pl ty GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT To: From: Date: ZONING DIVISION CONSISTENCY REV EW MEMORANDUM Nancy Gundlach, ASLA, AICP, Planner III, Zoning Services Section Austin Grubb, AICP, Planner III, Comprehensive Planning Section February 3, 2025 Subject: Immokalee Area Master Plan Consistency Review PETITION NUMBER: PUDR-PL20240005475 PETITION NAME: Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD) REQUEST: The petitioner requests that the Collier County Planning Commission (CCPC) consider Amending Ordinance Number 04-29, the Immokalee Senior Housing Planned Unit Development (PUD) and amend Ordinance Number 2004-41 as amended, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 0.55 f acres from the Residential Multi -Family Zoning District to the Immokalee Senior Housing Mixed -use Planned Unit Development (MPUD), to rescind the affordable housing density bonus agreement, reduce the number of residential units from 119 to 30 units, add principal uses including a 200 seat church, charitable trust uses, social service uses, and job training; to add accessory uses for church offices, and 100- student child care; to revise the legal description and Master Plan. LOCATION: The subject site is located at 612 and 708 N 11' Street, south of Lake Trafford Rd. and Highland Elementary School in Immokalee in Section 33, Township 46 South, Range 29 East, Collier County, Florida. The site is within the Immokalee Area Master Plan. The project is under the jurisdiction of the Immokalee Area Master Plan, Urban - Mixed Use District, High Residential Subdistrict Future Land Use category and Urban Infill Redevelopment Area COMPREHENSIVE PLANNING COMMENTS: The Immokalee Master Plan also provides that community facilities and private educational facilities such as the proposed church and educational facility are permitted in all Urban designated land use categories. The High Residential Subdistrict also permits a variety of residential dwelling unit types at a base density of 8 dwelling units per acre, with a maximum of 16 dwelling units per acre when using affordable housing. The 8.25+/- acre would support a base density of 66 dwelling units. The existing/proposed 30 dwelling units are consistent with the density of the HR land use category. The bonus density agreement that was previously approved is no longer required and is being rescinded. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is an infill project and has infrastructure available at the site. the project is within the Immokalee Urban Area and does not represent urban sprawl. Page 100 of 301 Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD) Consistency Review Memo 2-3-2025 Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed MPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and site access. The PUD document contains development standards which establish building setbacks appropriate for the type of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market demand. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. Immokalee Area Master Plan As previously stated the subject site is located within the IAMP High Residential Subdistrict (HR), and an Urban Infill and Redevelopment Overlay. Policy 5.1.3 states that Collier County will encourage compact mixed -use development in appropriate zoning districts and particularly in the HR and Commercial Mixed -Use designations as an innovative planning technique to create walkable communities, reduce vehicle miles traveled, and increase energy efficiency. CONCLUSION: Based upon staffs analysis, the proposed land uses are consistent with the FLUE, the IAMP and the Future Land Use Map contained in the IAMP. PETITION ON CITYVIEW Page 101 of 301 Ate, 0 0 0 M O U � O J - .� 0.4 � O bA ct U y U O � a O a o - w a Z � . ( r V) c� V) W Q, U �' O O V ^p V) -JEn � O Q' U y ++ S� O ct O ct Gt ct cz PCC x 4--) Piz w 'bA W y 2 4-1 4..� �. �..� � �_ c a V +� ° °�' _ w �. c W a A Q.P.4 qw O V cn a) aPC C U U U � F�1 mom z CD 0 O A x Z V O;.TO � G/1 Z (z O z A � � � A V �C � O w � w Ls. 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She's also with Grady Minor. The county requires that, we create a transcript of these information meetings, so she'll be recording the meeting. So, just make sure we speak up if you have a question and we'll respond. So I can be on the record and make some introductions here. Noemi Perez is with the Immokalee Foundation. She's kind enough to host the meeting tonight and it's her we're here for, to talk about an expansion for the Immokalee Foundation facility. Michael Facundo, who many of you probably know, local architect, who's been working on the team as the designer for the facility and, we have a transportation engineer who couldn't be with us tonight. He's available by phone, if somebody has a specific question that we can't answer for him. 00:54 And did I introduce you Oscar? I can't remember. No. Oscar Lugo, Oscar is a resident here at Immokalee, but works for us as an engineer. So he's been working on the project, as well. And the guy that just walked in the back is Ray Bellows. Ray is the zoning director for Collier County, and he's here monitoring for the county staff and can answer any process questions, that we may not be able to handle for you. So with that, I'll kind of move into the presentation. So, the property we're discussing is nearby, it's north of Immokalee Drive, it's zoned, planned unit development and also multifamily. It's part of an existing, it's called the Immokalee Senior Housing Plan Unit Development. It was originally approved many years ago for 119 unit affordable housing project for seniors. 30 units of those have been built. So, there's one building, that you all are familiar with, off 11th Street. That has been built and the original developers of that abandoned the property, the Friendship Church now owns the property. 01:54 They're selling the bulk of the remainder property to the Immokalee Foundation for replacement of this facility. Sort of outgrowing the facility and looking to have a new home. So, we're in the process of rezoning the property to allow the foundation uses and as well as the Friendship Church uses to be on the property. So, we're amending the PUD, we're eliminating the affordable housing component and retaining 30 units that are already constructed. So, the residential tract that was there we're keeping intact and then we're getting rid of the residential on the balance of the site, which is all of this, and that's where the Immokalee Foundation will be. And then, a future expansion for the Friendship Church up there. Jan 7 2025 NIM Page 1 of 16 Page 114 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript 02:37 So, this sort of shows you just the vicinity of where we are. So the Immokalee Foundation building that we're in, is here. Don't want to step in front of it, but we're in this building right here. And you can see the new facility is here. And the reason that that's important for the foundation, they serve school kids, mentoring program and helping them get into and do better for themselves. And if you're not familiar with it, I'm sure I'd be very happy to tell you a little bit more about the foundation and what they do. But this is the facility where they have students come after school, primarily. They do mentoring and educational training. So, it's not really a school, but for traffic purposes we've modeled this, as if it's a school because there's no other, under the International Traffic Engineering Manual, there's not something that exactly describes what the foundation does here. 03:30 And if you look at our traffic analysis, he analyzed it as a school and we analyzed for church, and then for a separate daycare presuming that the church may want to have a daycare in the future. No definitive plans. But the reason, I want to highlight how central it is, you have Highlands Elementary and you've got the technical center and you've got the Immokalee High School and the middle school. They're all very much walking distance to the new facility. So, that's why it's important that they kind of say central to those school facilities. So, that's why that site looked very attractive to them. As I said, so about half an acre of the site's currently zoned residential, the rest of its zone plan development. So, we're going through the effort to eliminate, as I said, most of the housing and replace that with the foundation uses. So we're looking at about a 50,000 square foot building maximum. The church will be about 5,000 square feet. We're making plans for, we've asked for a hundred student daycare facility, that would be associated with the church in the future. And so, the 50,000 square foot building would be, Mike, correct me if I'm wrong, it's a two-story building that you're looking at for the concept. Mike Facundo: 04:38 Yes. Wayne Arnold: 04:39 So, that would house offices obviously for the Immokalee Foundation as well as training rooms, classrooms and things like that for the mentoring programs that they conduct. 04:48 This is an exhibit that shows the original master plan for the site. So north is to the left, this is the original 30 unit building that was constructed, and it's still there today. These were the Jan 7 2025 NIM Page 2 of 16 Page 115 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript other phases of other residential buildings that were proposed and those were never constructed. So, that master plan is going to get replaced with something that looks a little bit more generic. This is north of, again, this is the residential building that will remain. And this area is, what we're calling community facility and that will allow for the foundation uses as well as the church and daycare uses. And so, we've made those commitments for the square footages and a number of seats in the church is, capped at 200, 100 student daycare. 05:37 Mike's been working on a design, and this shows you the Foundation is looking at the southern portion of the site. So this area is where the foundation is looking to build its facility. This area would be for a future expansion of the Friendship Church, that's located off -site, right there, today. So, it gives you an idea. So, Mike's building, that he's been working on, shows a building. It's got some outdoor courtyard space, a lot of parking. For when they have mentoring programs. As I said, a lot of the students can walk to the facility, but if they have an evening program or something that people are required to drive, they'll have ample parking and stacking on site for that. 06:15 So, as part of the PUD process, we've had to establish uses for the project, and we called out on the left-hand side. We called out several uses. So, the church is pretty easy. We called out educational and religious facilities, that takes care of... What they do as a foundation, not we have to go by these standard industrial classification codes, that were written back in the 1980s. That's what the county uses. So, there's a lot of things that don't fit nicely into. So, we've had to ask for a lot of uses to make sure we've covered everything like job training and skill training, schools and educational services. Which is like, curriculum development programs. But, everything the foundation does here is intended to happen in the new facility, as well. And then of course, we made provisions for the residential tract that was developed to stay the same, and we kept this development standards all the same. So, this is a development table we have to establish. The residential tract is on the left. None of that's changing. Everything on the right is what we've developed. And we made provisions for the building to be 45 feet tall. That's a zone height, with 50 feet being the tippy-top maximum height. That's going to allow Mike ample space to build some high level, on the bottom floor at least, for the classroom and the training space. Jan 7 2025 NIM Page 3 of 16 Page 116 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript 07:39 We've established setbacks. That I think are pretty generous from the surrounding property and where we are in the process, we've submitted to the county and they've given us back one set of review comments, and we're in the process of responding to those. And part of the process is, we hold a neighborhood information meeting and let the community come out and hear what we're proposing. Ask questions, we'll try to provide any answers we can. If we can't tonight, we'll certainly get your information, get more information to you. And so, the next step after this would be, going to the planning commission and then to the board of County Commissioners. But we don't have any definitive dates set for those yet. And so, if you receive notice for this meeting tonight, you'll receive notice of the planning commission hearing when it's scheduled. And then, of course, Sharon will be responsible for getting some signs posted on site and they'll be four by eight sheets of plywood, that have the announcement with hearing dates on it. 08:34 And so, that's kind of, in a nutshell, what the process is. And we've been in the process now for a few months and it's going to take us probably another six months, at least, to get through the process. So, it's going to evolve you the plan I'm showing you today. Staff may have other comments as this evolves, to bring more clarity to it. They may ask us to tweak some of the uses once they've had a chance to deal with it. But so, I would encourage you to stay sort of engaged. We close with this slide, usually, and that's contact information. So, we update our website with anything that's been submitted to the county. We update it and provide you real time, what the county's seen. There's also information, the county's portal is in the middle and it's got a tracking number, the petition number. So, I'd encourage any of you all, if you want, take a picture of that on your phone so you can follow along as we move along through the process. Because like I said, things very well may change, probably not significantly, but they may change as we continue to work through, staff and hear some of your comments tonight. So that's, in a nutshell, where we are, and what we're proposing to do. So, I'm happy to entertain any questions from any of you, try to answer anything we didn't. Speaker 3: 09:51 All the access to the property is going to be on 11th Street, isn't it? Wayne Arnold: 09:56 Yeah, let me go back to the aerial, easiest to talk to. So, the property is obviously access off 11th. The main access point comes in at Santa Rosa where it is today. So, that would be an Jan 7 2025 NIM Page 4 of 16 Page 117 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript extension pass, where it goes south into the apartments. So it'll extend straight into the community. The Macklin Foundation building. Speaker 3: 10:14 Are you going to tear down the church? Speaker 4: 10:17 What would be the future... Wayne Arnold: 10:20 What was the question? Sorry. Speaker 4: 10:21 We asked if... Speaker 3: 10:22 The Friendship Baptist Church, you said [inaudible 00:10:25]. Speaker 4: 10:23 It will get tore down. Wayne Arnold: 10:23 The church? Speaker 4: 10:23 Rebuild a new one. That's the plan. Wayne Arnold: 10:27 Friendship Church is located here. They own another piece of property here. We're adding this little piece to the zoning. It's going to be part of our water management system in the future. Speaker 3: 10:35 You going to tear down that house? Wayne Arnold: 10:37 The house that's on it? Yes. It'll be torn down. Yep. Yeah, it'll be razed and it'll be used for water management for the new plan. Speaker 5: 10:45 You said you did a traffic study? Wayne Arnold: 10:46 Yes. Speaker 5: 10:47 Where's the report for that? Wayne Arnold: 10:49 It's in a file and the information that (- Speaker 5: 10:51 When was it... Is it where we can see it? Wayne Arnold: 10:54 Yes, it's online. Yes. Speaker 5: 10:56 Okay. When was it done? At what date and time? Wayne Arnold: 10:59 Well, the dates are, it's hard for people to understand that don't live in that traffic world, but the county collects data year Jan 7 2025 NIM Page 5 of 16 Page 118 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker5 Wayne Arnold: Speaker5: Wayne Arnold: Speaker 6: Speaker5: Speaker4 Speaker5 Speaker4 Wayne Arnold round, and then, we have to annualize that data based on the time of year it is. So, for peak season. So, our traffic engineer analyzes the data based on the county's counts that we get from them and then, he applies all the rates associated with whether the church, the educational facility, the childcare, things like that. 11:27 So, how do you plan on, when you build this monstrosity. How do you plan on navigating the traffic, that is already ridiculous when we can't even get out of our properties, right now as it is? And you're going to put this in there and then, it's going to take me 30 minutes to get out of there to go to work. 11:43 Do you live nearby? 11:45 Yes, I do. 11:47 Yeah, I'm sure as you go north with the school, that's probably one of the issues with the traffic, on 11. 11:52 Big issue. 11:53 Oh, well there's traffic right now with the school. Just coming here, it was backed up. It took me 10 minutes to get through the 11th and Immokalee drive. Just now from people getting off work. And then, when the church, whoever does that food give out, that backs up the traffic on that road, where you can't get out. Anything like this is going to make that traffic on that road ridiculous. I just don't see how this is going to be feasible. 12:19 And that's the problem, because you used the word central when you talk about the schools. You got a high school, you have a middle school and then you have the high-tech and now this, that four way stop that's there, which is Immokalee drive and I think that's 9th. It is severely congested, any day. [inaudible 00:12:36] Fridays. 12:36 It's ridiculous. 12:37 But it is. I live where they live and so going home at times, the people that are trying to pick up from Highlands, I have to wait behind them, because there's a turn to go into Highlands. 12:52 Yes. Elementary schools especially are troublesome because obviously everybody has to gets picked up if they either walk or they're getting picked up in a car. And a lot of the schools, back Jan 7 2025 NIM Page 6 of 16 Page 119 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker5 Wayne Arnold Speaker5 Wayne Arnold: Speaker5 Speaker7 Speaker5 Speaker6 Wayne Arnold Speaker7 Speaker5 in the day, didn't do a very good job of stacking their cars on site. The county's gotten a lot better in cooperating with schools today. If the new schools come in, they have to provide a lot more on site circulations, so cars can't back out into the road. 13:17 Well, on top of an elementary school you're talking about a hundred seat daycare. So, you're adding a hundred more vehicles to come on that road at the people are going to be picking up after work, when they get off work, when they're going to work. Same issue. The people that live there every day trying to get to and from work, we're going to have to double or triple the time getting out of there, as we do now. 13:36 Okay. 13:37 How do you address that? 13:38 Well, our traffic engineer looked at all those issues and the capacity is on the roadways. I mean, I understand that you all have some localized congestion that occurs during certain periods, but the county looks at the network and we don't seem to have those network issues. Not to say that you don't have some congested problems. 13:54 Well, we live there day in and day out. We live it day to day. The engineers don't, they look at numbers or whatever, but I'm telling you, we live it day to day. We're there in the midst of it. 14:03 The traffic, when they go to pick up kids in the afternoon, it's backed up all the way from the elementary school and back down to that senior living, deal. Waiting to get in. 14:13 It's ridiculous. 14:13 Or sometimes, I can wait [inaudible 00:14:14] Immokalee Drive. 14:13 So, it backs up south of Immokalee Drive? 14:16 And then you'll have somebody coming, from the north end, they want to a turn in there. So, if you've got... Just to clog the traffic. 14:24 They can't turn left because their cars are backed up. So then, they [inaudible 00:14:28] with people coming from the north and it's a nightmare. Then it's backed up on Lake Trafford from Lake Trafford, from 29 all the way down to Jefferson. Jan 7 2025 NIM Page 7 of 16 Page 120 of 301 Immokalee Senior Housing MPUD (PL2O24OOO5475) January 7, 2025 Neighborhood Information Meeting Transcript Wayne Arnold Speaker7 Wayne Arnold: Speaker5 Wayne Arnold Speaker5 Wayne Arnold Speaker5 Wayne Arnold Speaker7 Speaker5 Speaker7 Speaker5 14:36 Okay. 14:37 If they didn't do that study during school time, they messed up. 14:40 Well they don't. The county looks at peak times. None of the traffic studies look at that traffic, because that's specific. That's not how the county requires us to analyze them. 14:51 Well the last time when they were trying to bring a Walmart in, they did a traffic study in the end of July at 6:30 at night for 15 minutes. And that's bull crap. That's not any kind of idea of what the traffic is. 15:01 Well that's not the way. You have to understand there's a difference between, the traffic as you experience it all during the day and then the county analyzes peak hours. So, there's a peak morning and there's a peak evening and the county utilizes peak evening hours as their threshold for [inaudible 00:15:17] analyses. 15:17 And how do they do that study? I've never seen any rubber things on their counting cars. I've never seen any county cars out there counting cars, who's out there doing that study? 15:25 The county provides us with data on, I think Immokalee Road has counting stations, or Immokalee Drive and I don't think 11th does, but we analyze it based on the capacity that's available on a local road network. You know that, on a two-lane road that a certain speed. [inaudible 00:15:41]. 15:40 Basically we need to get it counting. Okay. 15:44 We do it [inaudible 00:15:46]. 15:46 The only way I can see it, and y'all need to think about this and the only way I can see it's going to be successful, is to come off on the east side of that property and come down, walk that big 10th. 15:54 10th Street. 15:55 Down to Immokalee Drive and then you need to buy an easement, to go from the north end up to the Lake Trafford Road. 16:01 Exactly. Jan 7 2025 NIM Page 8 of 16 Page 121 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker 7: 16:02 And have another outlet there, but you don't... They're going to be... It looks like [inaudible 00:16:06]. Speaker 5: 16:06 Yeah, flip it the other direction, because it's crazy. That's ridiculous. Speaker 8: 16:10 We've lived on the corner of Orchid and 11th Street for 47 years. Speaker 1: 16:13 Okay, well can I comment on that? I mean, you see the structure of it, it's located in the driveway on the south side of all that traffic. I understand you're going to be more and more congested at peak hours, but if they're going to make a right turn into that driveway where the current facility is there, that's where you're parking is. The congestion won't be part of that, what you're operating out of right now, up north. It's going to be more down to the south and I hear you, more increase of traffic, but at the same time you've got this traffic that's coming here, which is relocating pretty much just to that location. They might be increasing the staff, but once again, there's a street straight-away, I forgot what that street is, where you have your operation, your business. Speaker 8: 17:01 Okay. 7th? Speaker 7: 17:01 That's Santa Rosa. Speaker 1: 17:01 Yeah. That's a straight shot there. Speaker 8: 17:02 Santa Rosa. Wayne Arnold: 17:03 Yeah, Santa Rosa. Speaker 1: 17:03 Yeah, into that facility. Speaker 3: 17:05 So, the entrance to this is right in front of Santa Rosa? Speaker 1: 17:08 Yes. Speaker 3: 17:09 But you have vehicles where Highlands is, they're picking up kids. Speaker 1: 17:14 Which is at, what? Three o'clock? Speaker 3: 17:16 No, but they have different hours. They have after -school programs. Jan 7 2025 NIM Page 9 of 16 Page 122 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker 1: 17:18 It reduces [inaudible 00:17:20] less kids. Speaker 3: 17:20 Yeah. Three o'clock and then, maybe 5:00 or 5:30. Speaker 1: 17:23 And then, what is your peak time for more or less your operation? Speaker l 17:27 Our foundation is between S:30 and 6:00. Speaker 5: 17:32 Which is the exact same time they pick up after -school program at Highland. Speaker 9: 17:36 Yeah, which is half of your traffic. I mean, you're talking your peak time 3:00 and most of those residents are either at work. Right? Wayne Arnold: 17:46 Yeah, I think the peaks probably don't cross too much between. I mean, I don't know how big their after -school program is, at the elementary school, but I mean the bulk of the pickups going to occur before three 3:30 PM and the bulk of Noemi's kid uses after -school itself. And like I said, a lot of those kids can walk to the facility and probably do, but understood. I hear your comments on traffic and Ray Bellows back there. Speaker 5: 18:12 People that are wanting to build this don't have to live there. I bought property there. I've lived there for 24 years and that, they lived there for forty -something years. They lived there. I got 20 people that have lived there forever. This is a big concern to them. You don't have to live there, you don't have to function there. Once you build it, you're gone. We're going to be left to deal with it. Wayne Arnold: 18:33 Well, Noemi and others are invested here in the community. Speaker 5: 18:36 But they don't live here. I mean, they don't live in this area. They work there. This is my home, my property value my... I live there. I go to leave, I have to go to work. I come back through there. I fight that traffic. I'm late for work, because people don't know how to drive. Speaker 1: 18:53 I'll agree with that. Speaker 5: 18:53 Sorry. It's like... This is - Speaker 1: 18:55 And that's today's world pretty much. Everywhere you go, I don't care. I live in Fort Myers, I reside, I have lived there all my Jan 7 2025 NIM Page 10 of 16 Page 123 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript life and we've seen the growth over time, and we've seen changes and we've accepted as a community and as Immokalee people. I mean, we had Lozano's that used to be David's Bar, turned into Lozano's. That was something better. We had a casino come in and that caused a fluctuation of traffic, but it benefited the community. I mean, a lot of these little companies or little businesses wouldn't be afloat right now if it wasn't for so much of that income, coming there from the casino. But some of these changes even circle far back as Circle M Bar, you know that, from back in the days. Now, that's a camp. But it benefits people that are housed there and living there and they can contribute to the community. So yeah, some changes are going to cause hiccups and concerns. Speaker 9: 19:44 Like, what he said. Speaker 1: 19:45 But I think, overall. The building, they're going to be there is going to be a structure, is going to benefit the community. And that's where we always look at it as a whole, as a community. Speaker 5: 19:56 How is it going to benefit me? When it's going to make me late for work. It is going to cause super congestion around my area. More traffic, more issues. How's that going to benefit me, if you're not a property owner here? I mean, how is it relevant to you? Speaker 1: 20:06 1 am a property owner. Speaker 5: 20:07 But you said you lived in Lehigh. Speaker 1: 20:08 1 do, but I'm a property owner here. Speaker 5: 20:09 In this area. Speaker 1: 20:10 1 have properties in the areas. Yeah. Speaker 5: 20:16 You don't live there. Speaker 1: 20:17 Well, actually, people that live there, yes, I do have people who live there. Speaker 5: 20:18 You don't live there, though. Wayne Arnold: 20:18 Well, let's stay cordial on this. Speaker 1: 20:20 They still are my concern too. Jan 7 2025 NIM Page 11 of 16 Page 124 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker5 Mike Facundo Speaker5: Mike Facundo Speaker5: Mike Facundo Speaker5: Mike Facundo Speaker5: Wayne Arnold Speaker5 20:22 And I'm all for change. I think, change is great. I think, you have to change to move forward. But I also think, that when things like this come in, they don't really give thought. Like that road, it needs to be widened. It needs to be paved. They already put those sidewalks in. There's so much stuff that needs to be done, that y'all not going to do that and the county won't do it. So then, we're left with all this stuff with roads that aren't meant to hold this kind of traffic. That road doesn't even have a shoulder. So I mean, it doesn't make sense. And I mean, it is what it is, but I'll be taking that with my County Commissioner, for sure. 20:56 Yeah, just want to make a comment. Where you guys live, how many access points do you have to your house? 21:01 Access points? 21:02 Yes ma'am. 21:02 1 have Lake Trafford and 11. 21:03 Do you have two? 21:04 Yes. 21:04 All right, thank you. 21:07 But I talked to a person today, they couldn't make it today, but they live right on 11th and their driveway, is directly across from that facility. And when I was explaining to her what they were going to do, she was like, "Oh my God, I'll never get out of here." It's already bad enough. And she's right off of 11th. 21:21 Yeah. Well, I think you'll find that, I think our traffic analysis for this facility probably overestimates the traffic because there isn't, as I said, a transportation category that really captures what the Immokalee Foundation does because it's not a school, per se. It doesn't function like a school because it's after school. They don't have classroom space. Kids aren't coming here in the early morning, and getting released in the daytime. So, it's really a different animal. 21:47 Yeah, but you're also talking about you threw that 100 child daycare in, which is, we're going to still be here and that's coming in the future. And that's what I'm thinking. Jan 7 2025 NIM Page 12 of 16 Page 125 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Wayne Arnold: 21:56 No, you're not. The church has some plans. It may or may not include a daycare center, but if I don't ask for it now, then it's another year long process to go back through it. So now's the time for us to analyze it and look at those impacts. And we'll have - Speaker 5: 22:10 I'm thinking for the future, and I'm thinking a 100 seat daycare, that's a 100 more cars, with a 100 more kids. Mike Facundo: 22:14 It's not a child care facility. The daycare would be, during church service. Wednesdays. Speaker 5: 22:22 So, it's not like a program for people to drop off kids when they go to work? Speaker 1: 22:23 [inaudible 00:22:24]. Wayne Arnold: 22:23 But Michael, it was analyzed as if it was a freestanding daycare. I mean, accessory to church. Mike Facundo: 22:28 It was analyzed that way, but an accessory to the church. It's never going to be a program. It's just going to be something where the church is going to be. But it's analyzed that way. Speaker 5: 22:37 So, it will not be a daycare where people are dropping off their kids when they go to work and picking them up when they get off? Mike Facundo: 22:42 It's not a function of the church. We're not into the child care program. Wayne Arnold: 22:45 Well, I think, again, our traffic analysis analyzes it. Speaker 5: 22:50 Exactly. Speaker 1: 22:50 [inaudible 00:22:51]. Wayne Arnold: 22:51 You're right. So, we'll have to think about that and talk about that. You're correct. Anything else? Heard you on traffic. No. Well, if not everybody can head home. Yes, sir. Speaker 11: 23:06 Not going to say nothing about the mobile home park, behind it? Wayne Arnold: 23:08 What would you like us to say? Jan 7 2025 NIM Page 13 of 16 Page 126 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript Speaker 11: 23:09 It can stay there forever. Wayne Arnold: 23:13 No plans to... No plans to take your mobile home apart. Speaker 12: 23:17 1 suggest, we [inaudible 00:23:19]. Speaker 11: 23:20 I've already got the swell. Speaker 13: 23:22 1 have just a couple of things. One is, was there another site that was select [inaudible 00:23:26] something else? Speaker 5: 23:26 [inaudible 00:23:29]. Speaker 13: 23:30 And then, [inaudible 00:23:30] to your left? Wayne Arnold: 23:32 Can you just keep it down, just so we can capture this on the microphone? The questions. Speaker 13: 23:33 The question was did they - Speaker 7: 23:34 Who all, was involved in the planning of this? Wayne Arnold: 23:35 [inaudible 00:23:36]. Speaker 7: 23:36 Oh, I'm sorry. Speaker 13: 23:37 My question was, was there another site that was considered, instead of there? Because, and more so to David's comments and Donna was very adamant about, we live there, so we have to deal with this. Right. He doesn't, or no one else here. I think, the three of us. And I'm not trying to be rude. I'm trying to tell you what we have to deal with. And then, what I'm saying is. Here, in Immokalee though, we talk about studies and about plan development and there really isn't no plan development. I mean, they see a need and it's like, okay, there's a little parcel plan and this is what I want to do. This is what I want to build. And then, the process starts. This has started without any of us, not even knowing what is going on around us. Right. 24:24 And then again, so it moves through and it moves through. And if Donna didn't even get a notice to come, I don't know what happened. I mean, I got both of mine. I have two properties there. So, what I'm saying is everywhere now is, and Immokalee is, okay, there's a need for housing let's built this. There's a need... And mostly it's housing, and it is in the same little spots or places that we want to do this. I mean, we're not going out, Jan 7 2025 NIM Page 14 of 16 Page 127 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript at all, out to wherever. And I don't know who those landowners are, but it's the same. It is just you're building and building a building. I mean here you're going up because there's no [inaudible 00:25:02]. Wayne Arnold: 25:01 You have to understand too, her need is location -based. The student body that she needs to deal with, and that's their mission, is right here. They can't be on the south side of Immokalee somewhere, where one of those kids has to... Speaker 13: 25:14 But RCMA is building off of Lake Trafford, and they're making arrangements to transport kids over there. Wayne Arnold: 25:23 Sure. Speaker 13: 25:23 I mean, they're putting that in their budget and saying... Speaker 5: 25:25 There's other options. Speaker 13: 25:27 Instead of [inaudible 00:25:28], because moving from the farm worker;s villages, they're moving two or three child care centers, Mike, and you know. They're moving child care centers, all the way across town off of Lake Trafford. They're going to bus those kids over there. So, the thing about, well, they have to walk. Yeah. I mean obviously you want it, and again, you use central, but you're creating a hazardous environment there for everybody. And I [inaudible 00:25:52] want to say you. I'm sorry. Wayne Arnold: 25:53 No. I appreciate your comments. Understood Speaker 5: 25:55 That's what she said. Wayne Arnold: 25:55 Yes, sir. Speaker 7: 25:59 1 was just going to say that, whoever did the planning and [inaudible 00:25:59] and anybody else. Please kind of get another exit out of there, exit on Devon Street. David, I agree with you. Yeah, everything's good. All this building, it's great for Immokalee. I've been here more than all of you have. I've been here for 75 years. I can remember when, they still told me to tie horses on Main Street. So, go back [inaudible 00:26:22]. Speaker 5: 26:24 The problem we run into with something like this, in the past, I'm not saying you guys are doing this, but in the past we've been presented with stuff like this. And then, once they get it Jan 7 2025 NIM Page 15 of 16 Page 128 of 301 Immokalee Senior Housing MPUD (PL20240005475) January 7, 2025 Neighborhood Information Meeting Transcript zoned, they change everything and oh, we change it, we change it, and then we don't have a say in anything. They just do whatever they want to do. And so we felt, we feel like we're like screwed if we do, we're screwed if we don't. Wayne Arnold: 26:42 Well, you're obviously concerned and you live nearby. So, I would encourage you to stay plugged in into the process. So again, this is some of the contact information. It's got Sharon's contact info. It's got Nancy Gundlach's, who's really our staff planner, not Ray, but Ray and Nancy work together in the county. Sharon Umpenhour: 27:01 My business cards are over there too. If you want to pick up one of my cards. Wayne Arnold: 27:06 Any other questions, comments? If not, we'll adjourn and let everybody get on with their evenings. Thanks for coming out, everybody. Appreciate your feedback. Jan 7 2025 NIM Page 16 of 16 Page 129 of 301 IMMOKALEE C/� Collier County Community (� Redevelopment Agency CRA Board Commissioner February 24, 2025 William McDaniel, Jr. Co -Chair District 5 Commissioner D. Wayne Arnold, AICP, Professional Planner Dan Kowa] Q. Grady Minor and Associates, LLC Co-chair District 4 Phone:239-947-1144 Email: WArnoldAgradyminor.com Commissioner Burt L. Saunders District 3 Commissioner RE: Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD) Chris Hall PUDZ- PL20240005475 District 2 Commissioner Rick LoCastro District I Dear Mr. Wayne Arnold: CRA Advisory Board The Immokalee Beautification Municipal Service Taxing Unit (MSTU) Advisory Committee Michael Facundo was established by Ordinance No. 11-39, as amended by Ordinance No. 20-47, to assist the Chairman Board of County Commissioners in overseeing the business affairs of the Immokalee Lupita Vazquez Reyes Beautification Taxing District. Vice -Chair Patricia "Anne" The seven -member committee is dedicated to enhancing the aesthetics and functionality of Goodnight Immokalee's public spaces while serving as a liaison between the community and Andrea Halman governmental agencies to ensure a clean, safe, and inviting environment. Mark Lemke Estil Null Edward "ski" Olesky The proposed Immokalee Senior Housing Mixed Use Planned Unit Development (MPUD) Yvar Pierre Paul Thein aligns with the MSTU's mission by fostering community pride, supporting local economic growth, and enhancing the overall quality of life for residents. Additionally, the Immokalee MSTU Advisory Foundation's strong focus on education and workforce training within the project makes it a Committee valuable investment in the community's future. Bernardo Barnhart Chair On February 19, 2025, the Immokalee Beautification Municipal Service Taxing Unit Jimmy Nieves Vice- Chair (MSTU) Advisory Committee passed a motion in support of the PUDZ request to: Andrea Halman Cherryle Thomas • Add 0.55 +/- acres to the existing 7.44 +/- acres. David Turrubiartez Jr. • Update the project name to "Immokalee Senior Housing MPUD." • Rescind the affordable housing density bonus agreement. CRA Staff . Reduce the allowable number of residential units from 119 to 30 units. John Dunnuck Executive Director • Revise the permitted uses to allow a maximum of 30 multi -family dwelling units, one Facilities & CRA 5,000-square-foot 200-seat church, with accessory 100 student childcare and 50,000 Christie Betancourt square feet of office and classroom space in support of educational trust family services, Assistant Director educational trusts, educational tutoring, and job training and skill training centers. Yvonne Blair Project Manager This project aligns with the MSTU's commitment to preserving and enhancing the beauty of Yuridia Zaragoza Immokalee, fostering community pride, and supporting local economic growth. CRA Operations Support Specialist I Kizzie Fowler Intern 750 South Fifth Street (CareerSource Building, Suite Q Immokalee, FL 34142 wrvw. immokaleeCRA. com Page 130 of 301 The Immokalee Foundation's proposed improvements will contribute to a safer, more attractive, and welcoming environment for residents, businesses, and visitors alike. Yours sincerely, Bernardo Barnhart, Chairman Immokalee Beautification Municipal Service Taxing Unit (MSTU) Advisory Committee Z Page 131 of 301 GradyMinor a Pape -Dawson company PL20240005475 Immokalee Senior Housing MPUD Rezone CCPC BACKUP Page 132 of 301 GradyMinor Civil Engineers * Land Surveyors • Planners • Landscape Architects August 22, 2024 Ms. Nancy Gundlach Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Immokalee Senior Housing MPUD Rezone (PL20230016212), Submittal 1 Dear Ms. Gundlach: An application for Public Hearing for a Planned Unit Development (PUD) amendment for property located at 612 and 708 N 11TH ST in Immokalee. The PUD amendment proposes to rezone the 7.99+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RMF-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the existing 7.44+/- acre RPUD, update the project name to "Immokalee Senior Housing MPUD" and to rescind the affordable housing density bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow a 200-seat church, and accessory day care, and up to 50,000 square feet of community facility and educational services. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for PUD Rezone 3. Evaluation Criteria 4. Pre -Application meeting notes 5. Affidavit of Authorization 6. Property Ownership Disclosure 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Location Map 12. Environmental Data - Tree Survey 13. Traffic Impact Statement 14. PUD Exhibits A-F 15. Ordinance 2004-29 16. VRP-PL20140001360 Q. Grady Minor and Associates, LLC Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Ms. Nancy Gundlach RE: Immokalee Senior Housing CFPUD Rezone (PL20230016212), Submittal 1 August 22, 2024 Page 2 of 2 Please feel free to contact me should you have any questions. Sincerely, -r-D. bj-�J-� D. Wayne Arnold, AICP Friendship Baptist Church Immokalee Florida, Inc. Michael Facundo GradyMinor File (IF) Page 134 of 301 Need Help? Co per Col."ty Growth Management Community Development Department GMCD Public Portal Online Payment Guide E-Permitting Guides Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.8; and Ch. 3 G.2 of the Administrative Code r PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. File a separate application for an insubstantial or minor change to a PUD. Name of Property Owner(s) APPLICANT CONTACT INFORMATION Friendship Baptist Church Immokalee Florida, Inc. Name of Applicant if different than owner: Address: PO Box 580 Telephone: 239-503-4333 E-Mail Address: m ike@ hfarchitects. net Friendship Baptist Church Immokalee Florida, Inc_ Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Association, LLC Address: 3800 Via Del Rey City, Immokalee Cell: City: Bonita Springs Telephone: 239-947-1144 Cell: E-Mail Address: warnold@gradyminor.com 1 sumpenhour@gradyminor.com If Property is under contract to be sold: Name of Property Buyer(s): N.A. Name of Applicant if different than buyer: N.A. Address: Telephone: E-Mail Address: Name of Agent: N.A. Firm: Address: City: City: Cell: Telephone: Cell: E-Mail Address: State: FL ZIP: 34143 State: FL Zip: 34134 State: ZIP: State: ZIP: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 1 of 11 Planning and Zoning Division • 2800 North Horseshoe Drive - Naples, FL 34104 • 239-252-2400 r wnv. co I I ie rcc u n tyfl. gov Page 135 of 301 REZONE REQUEST This application is requesting a rezone from: Immokalee Senior Housing, Ltd. RPUD Zoning district(s) to the Immokalee Senior Housing MPUD Zoning district(s). Present Use of the Property: Residential, Church and undeveloped Proposed Use (or range of uses) of the property: Residential, church and community facility uses Original PUD Name: Immokalee Senior Housing, Ltd. RPUD Ordinance No: Immokalee Senior Housing, Ltd. RPUD PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and ■ The applicant is responsible for supplying the correct legal description. If questions arise concerningthe legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 33/ 46/ 29 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Boundary Survey or PUD Exhibit D Plat Book: N.A. Page #: N.A Property ID Number: 00083760008 and 00084080004 Size of Property: Irregular ft. x Irregular ft. = 348,044+/- Total Sq. Ft. Address/General Location of Subject Property: PUD District (refer to LDC subsection 2.03.06 Q 708 N 11 TH ST Acres: 7.99+/- ❑ Commercial ❑ Residential Mixed Use ❑ Industrial ❑ Community Facilities ❑ Research and Technology Park ❑ Airport Operations ❑ Other: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 2 of 11 Page 136 of 301 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6 Cemetery, church S RMF-8 AND MH Residential E RMF-6 AND MH Residential W RMF-6 AND RSF-3 Church and residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 3� 4� 29 Lot: N-A- Block: Plat Book: N.A. N.A. Subdivision: N.A. Page #: N.A. Property ID Number: 00083760008 Metes & Bounds Description: The westerly 208.71 feet of the northerly 208.71 feet of the SE 114 of the SW 114 of 533, T46S, R29E ASSOCIATIONS Complete the followingfor all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: —State: —ZIP: City: —State: ZIP: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 3 of 11 Page 137 of 301 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 4 of 11 Page 138 of 301 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes 0 No If yes, please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. Fallowing the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment, or change, for a period of six (0 months. An application deemed "closed" will not receive further processing, and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees, and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 5 of 11 Page 139 of 301 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Friendship Baptist Church Immokalee Florida, Inc. Address: PO Box 580 City: Immokalee State: FL Zip: 34143 Telephone: 239-503-4333 Ceti: E-Mail Address: mike@hfarchitects.net Address of Subject Property (if available): 708 N 11TH ST City: State: Zip: PROPERTY INFORMATION Section/Township/Range: 33/ 46/ 29 Lot: Block: Subdivision: Metes & Bounds Description: See Boundary Survey or PUD Exhibit D Plat Book: Page #: Check applicable system: Property ID Number: 00083760008 and 00084080004 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED a. County Utility System b. City Utility System C. Franchised Utility System X d. Package Treatment Plant e. Septic System Check applicable system: Provide Name: (GPD Capacity): Type: Immokalee Water & Sewer District TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System C. Franchised Utility System d. Private System (Well) Provide Name: Immokalee Water & Sewer District Total Population to be Served: - Rewdential units (existing), 200 seat church, and accessory day care, and up to 50,000 square feet of community facility and educational services Peak and Average Daily Demands: A. Water -Peak: B. Sewer -Peak: Average Daily Demands: Average Daily Demands: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 6 of 11 Page 140 of 301 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 7 of 11 Page 141 of 301 COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I❑ 00083760008 and 00084080004 (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Mixed Use planned unit development ( M PUD) zoning. We hereby designate 4- Grady Minor and Associales, LLC legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners thatall development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in farce, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of 2o24 by who isElpersonaIly known to me ❑rF� has produced Signature of Notary Public Print Name of Notary Public as identification. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 8 of 11 Page 142 of 301 Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code HXAmendment to PUD- Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMCD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NQT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary Completed application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization, signed and notarized Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control Completed Addressing Checklist (no older than 6 months) Warranty Deed(s) Signed and sealed Boundary Survey (no older than 6 months) Architectural rendering of proposed structures X Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Q ❑ Statement of utility provisions Li Statement of compliance with Growth Management Plan Environmental data requirements pursuant to LDC section 3.08.00 X Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. See Chapter 7 A. of the Administrative Code ❑ ❑X Listed or protected species survey, less than 12 months old. Include copies of previous surveys. ❑ Traffic Impact Study (TIS) Historical and Archaeological Survey or Waiver ❑ ❑X School Impact Analysis Application, if applicable with residential uses X Location of existing public facilities that will serve the PUD Electronic copy of all required documents Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy ❑X ❑ *Checklist continues on next page PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 9 of 11 Page 143 of 301 Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑X ❑ Revised PUD document with changes crossed thru & underlined ❑X ❑ Development Commitments (infrastructure and related matters) 01 Copy of Official Interpretation and/or Zoning Verification Li I X +The following exhibits are to be completed on a separate document and attached to the application packet: ■ Exhibit A: List of Permitted Uses ■ Exhibit B: Development Standards Table for each type of land use • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E. List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas, pursuant to LDC subsection 2.03.08 A.2.a.(2)(b)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nicole Johnson Utilities Engineering: Anthony Stolts Parks and Recreation Director: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Immokalee Water/Sewer District: ❑ Stormwater Management: ❑ Fire: City of Naples Planning Director: Erica Martin Q Other: ❑ City of Naples Utilities: ❑ Other: FEE REQUIREMENTS ® Fire Pre -Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of application if within 9 months of the pre-app meeting date) ® Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ® PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ® PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ® Comprehensive Planning Consistency Review: $2,250.00 XJ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ® Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees tc be determined at Methodology Meeting • Minor Study Review: $750.00 • Major Study Review $1,500.00 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 10 of 11 Page 144 of 301 ® Fire Planning Review Fee: ($300 PUD2, PUDR) ($150 PUDA) ® Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ® If appiicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District incoordination with the County Alf fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicont for this petition, f attest that all of the information indicated on this checklist is included in this submittal package, l understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee far the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountvfl.gov D. Wayne Arnold pate:lly 20signed by D. Wayne 24.08.1914: 339--0400'Id 8/19/2024 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed Named of Signing Party PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 11 of 11 Page 145 of 301 Immokalee Senior Housing MPUD (PL20240005475) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The applicant is proposing to rezone the 7.99+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RFM-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the existing 7.44+/- acre RPUD, update the project name to "Immokalee Senior Housing MPUD" and to rescind the affordable housing density bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow a maximum of 30 multi -family dwelling units, one 5,000 square foot 200 seat church, with accessory 100 student childcare and 50,000 square feet of offices and classroom space in support of educational trust family services, educational trusts, educational tutoring (8299) and job training and skill training centers. The intent is to provide for the future development of the currently undeveloped portions of the project to be developed for a new educational facility for the Immokalee Foundation, and for the future development of a house of worship with accessory day care facility for the Friendship Baptist Church. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The property is currently zoned PUD and RMF-6. The area is well suited for the variety of uses proposed. The site was originally intended to be a high density affordable senior housing rental community. The first phase (30 units) of the affordable housing units have been constructed. The original developer of the housing units sold the property and did not acquire the lands that were originally intended to be phases 2 and 3 of the senior affordable housing. What was originally planned to be phase 2, will now be purchased by the Immokalee Foundation for development of their not -for -profit educational facility, which assists middle school and high school students with after school educational programs, homework assistance and post high school preparation. Elementary school children are assisted with reading and literacy skills. The site is only 2 blocks from the existing Immokalee Foundation facility and provides an opportunity to expand into a modern educational building, while remaining in close proximity to Highlands Elementary School, Immokalee Middle School and Immokalee High School. The location will allow for the continued access for students to walk to the Immokalee Foundation facility for their after -school programs. The portion of the property that was originally to be phase 3 of the affordable senior housing will provide for the Friendship Baptist Church to construct a new church and day care program, or it will provide for the future expansion of the Immokalee Foundation building. Both uses are well -suited for the site. The existing Friendship Baptist Church is located January 15, zozs GradyMinor Evaluation Criteria-r2.docx Page 1 of 7 0 a Pape -Dawson company Q. Grady Minor and Associates, LLC 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1] 44 • engineering@gradyminor.eom • www.gradyminor.com Page 146 of 301 immediately to the west of the PUD and currently owns all of the undeveloped property within the PUD. The PUD is served by water and sewer services provided by the Immokalee Water Sewer District. Access is provided via a driveway connection to Santa Rosa Avenue. The traffic impact analysis has concluded that there is adequate capacity on the surrounding road network to support the proposed mix of uses. The project will be served by a master surface water management system. The RMF-6 zoned parcel being added to the PUD will be utilized as a portion of the water management system. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the countyattorney. The applicant is the owner of a portion of the property. A 2.3+/- acre portion of the property is owned by URSUS Holdings, LLC, the successor owner to the developer of the 30 affordable senior housing rental apartments which have been constructed within the PUD. The residential tract owner has not provided authorization to amend the PUD; however, the residential tract will retain all current development rights and standards permissible for the residential dwelling units on what was Phase I approved by ordinance 04-29. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) The project is located in Immokalee and is under the jurisdiction of the Immokalee Area Master Plan, Urban -Mixed Use District, High Residential Subdistrict Future Land Use category. The Immokalee Master Plan also provides that community facilities and private educational facilities such as the proposed church and educational facility are permitted in all Urban designated land use categories. The High Residential Subdistrict also permits a variety of residential dwelling unit types at a base density of 8 dwelling units per acre, with a maximum of 16 dwelling units per acre when using affordable housing. The 8.25+/- acre would support a base density of 66 dwelling units. The existing/proposed 30 dwelling units are consistent with the density of the HR land use category. The bonus density agreement that was previously approved is no longer required and is being rescinded. IAMP Policy 5.1.6 Zonings and Rezonings The subject property has been zoned PUD since 2004 and was determined to be consistent with the Immokalee Area Master Plan (IAMP) and the Collier County Growth Management Plan. The proposed mixed use PUD does not contain commercial development but rather the non- residential educational, church and day care activities are considered community facilities. January 15, 2025 Evaluation Criteria-r2.docx Page 2 of 7 Page 147 of 301 these uses are allowed throughout the Urban Mixed Use District of the IAMP and are not subject to the commercial development limitations discussed in the Urban Mixed Use District. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is an infill project and has infrastructure available at the site. the project is within the Immokalee Urban Area and does not represent urban sprawl. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed MPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and site access. The PUD document contains development standards which establish building setbacks appropriate for the type of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market demand. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Management Element Policy 6.1.1 requires preservation of 15% of the existing onsite native vegetation. There are only individual trees on the property and no preserve area will be required. 15% of the existing trees will be preserved or replanted consistent with the LDC requirements of LDC 3.05.07. the calculation is provided in the environmental assessment and shown on the conceptual PUD Master Plan. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Collier Environmental which concludes there are no listed species onsite. There are no native plant species on the site; therefore, no preserve area is proposed. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The project as proposed is compatible both internally and externally. The PUD application includes a conceptual master plan which identifies proposed buffers and building areas. The PUD document includes development standards which will assure the use(s) will be compatible with the nearby development. e. The adequacy of usable open space areas in existence and as proposed to serve the January 15, 2025 Evaluation Criteria-r2.docx Page 3 of 7 Page 148 of 301 development. The PUD will have the required 30% open space as required by the LDC, which will include buffers, water management areas, and landscape islands. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. Water and sewer services are available at the site and there are no known capacity issues that will impact this project. g. The ability of the subject property and of surrounding areas to accommodate expansion. The MPUD is surrounded by residentially zoned and developed land to the south, east and west. To the north is a cemetery. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project as proposed is consistent with the LDC. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. IAMP Policy 5.1.6 Zonings and Rezonings The subject property has been zoned PUD since 2004 and was determined to be consistent with the Immokalee Area Master Plan (IAMP) and the Collier County Growth Management Plan. The proposed mixed use PUD does not contain commercial development but rather the non- residential educational, church and day care activities are considered community facilities. these uses are allowed throughout the Urban Mixed Use District of the IAMP and are not subject to the commercial development limitations discussed in the Urban Mixed Use District. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. January 15, 2025 Evaluation Criteria-r2.docx Page 4 of 7 Page 149 of 301 Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is an infill project and has infrastructure available at the site. the project is within the Immokalee Urban Area and does not represent urban sprawl. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed MPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and site access. The PUD document contains development standards which establish building setbacks appropriate for the type of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market demand. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Management Element Policy 6.1.1 requires preservation of 15% of the existing onsite native vegetation. There are only individual trees on the property and no preserve area will be required. 15% of the existing trees will be preserved or replanted consistent with the LDC requirements of LDC 3.05.07. the calculation is provided in the environmental assessment and shown on the conceptual PUD Master Plan. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Collier Environmental which concludes there are no listed species onsite. There are no native plant species on the site; therefore, no preserve area is proposed. The existing land use pattern. The land surrounding the MPUD are zoned and developed with community facility and residential uses. The land to the north is zoned and developed with a cemetery. The possible creation of an isolated district unrelated to adjacent and nearby districts. The MPUD boundary does not create an isolated district. The MPUD permits residential and church related uses. Properties proximate to the site are zoned and developed with residential uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary represents a logical boundary and includes property under the control of the applicant. The proposed MPUD meets all design criteria for a PUD as specified in Section 4.07.02 of the LDC. January 15, 2025 Evaluation Criteria-r2.docx Page 5 of 7 Page 150 of 301 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Yes, the PUD amendment is necessary in order for the Immokalee Foundation to expand to meet their growing needs to serve the educational needs of the Immokalee Community. The Foundation cannot expand in their current location near the Immokalee Senior Housing PUD. likewise, the Friendship Baptist Church owns all of the currently undeveloped portions of the PUD. the Friendship Baptist Church currently exists on a parcel immediately west of the PUD and the CF Tract on the Master Plan is a logical location for their future expansion to meet the needs of their congregation. The existing PUD only permits MF senior housing; therefore, the PUD requires an amendment to add the non-residential uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The proposed master plan, buffers and development standards will assure compatibility. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed residential and church related uses development will not create or excessively increase traffic congestion. The TIS prepared for the PUD rezoning application concludes that the project will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service. 8. Whether the proposed change will create a drainage problem. The project will obtain a SFWMD permit for the surface water management system and will have no impact on surrounding development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed rezone from RPUD and RMF-6 to a mixed -use PUD will enhance surrounding properties by permitting compatible land uses serving the needs of the Immokalee Community. The PUD will have appropriate buffers and development standards which will not deter improvement or development of nearby properties. January 15, 2025 Evaluation Criteria-r2.docx Page 6 of 7 Page 151 of 301 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD rezone. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The original developer did not acquire the property included in Phases 2 and 3 for additional dwelling units. The church who owns the remaining property has; therefore, decided to sell a portion for development of the Immokalee Foundation Facility which benefits the children of Immokalee. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community. The Immokalee Foundation is a well established non-profit organization which serves the youth of the Immokalee community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other sites in the County; however, this site is in close proximity to three public schools, so it is conveniently and centrally located for the students to walk or cycle to the Immokalee Foundation education facility after school. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The property is currently partially developed with a 30-unit residential building and the remainder of the property is undeveloped and cleared of vegetation. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the proposed Growth Management Plan amendment, and it is compatible with surrounding development. January 15, 2025 Evaluation Criteria-r2.docx Page 7 of 7 Page 152 of 301 s . r.. COU r C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Zoning Pre -Application Meeting Notes Petition Type: PUD to PUD Rezone (PURR) Date and Time: Wednesday 5/22/24 at 1 : 30p ZOOM Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: Immokalee Senior Housing (PUDR) PL#: 20240005475 00083760008 Property ID #: 00084080004 RMF-6 (parcels being added to PUD) Current Zoning: Project Address:708 N 11th St City: ImmokaleeState. FL Zip: 34142 Applicant: GradyMinor - Sharon Urapenhouz Agent Name: G radv Minor- D.Wayne Arno1dPhone: 239-947-1144 Agent/Firm Address: 38DD Via Del Rey Ci Anita Spr FL 34134 iBy:itfe Zip: Property Owner: Friendship Baptist Church of Immokalee Florida Inc. Friendship Baptist Church TR Please provide the following, if applicable: i. Total Acreage: 1.82 being added to PUD Proposed # of Residential Units: Proposed Commercial Square Footage: For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 09/29/2023 Page j 1 of 5 Page 153 of 301 CdMT C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app 011imm. .Mal ■■ ■ ■ ■■ • 1•Eli AA Aa r.i L -- 7-3 Q 5 5 1 GA LA,4r Lta — 5 A7rr9 e—ti -,- 6 Q. "�A i4 i z Y_ i �' S O pv �' 6 Z . 1�• 1�- L'0..+��.t�.�.-'C- If site is within the City of Naples Water service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(olnaplesaov.com Allyson Holland AMHollandCa)naolesgov.com Robin Singer RSinger _naokesaov-corn Erica Martin emartin na les ov.com Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 2 of 5 Page 154 of 301 ThomasClarkeVEN From: Jessica Malloy Sent: Thursday, May 30, 2024 11:24 AM To: ThomasClarkeVEN Subject: lmmokalee Senior Housing PL20240005475 Attachments: lmmokalee Senior Housing - Pre-app Notes.pdf, lmmokalee Senior Housing - Pre-app Notes.docx Hi Tom, Please find the attached pre -application meeting notes for lmmokalee Senior Housing RPUD PUUZ-PL20240005475. Thank you! Jessica Malloy Planner II Zoning Office:239-252-4329 Jessica.Malloy@colliercountyfl.gov is Collier County Offloom Under Randa Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. Page 155 of 301 Pre -Application Meeting - Jessica Malloy, Comprehensive Planning PL20240005475 mmokalee Senior Housing 5/22/2024 The proposed petition aims to integrate the 0.82-acre parcel located at 708 N 11 th ST, Immokalee, into the neighboring Immokalee Senior Housing RPUD (Residential Planned Unit Development), while seeking amendments to the permitted uses to encompass church and community services uses. This property is situated within the High Residential Subdistrict of Urban Mixed -Use District established by the Immokalee Area Master Plan (TAMP). Relevant to this petition, the project will need to demonstrate consistency with the applicable goals, objectives, and policies of the TAMP. Provide analysis on how the expansion of the project will maintain consistency with policy 5.1.6 and adhere to the development criteria delineated in the Urban Mixed - Use District table and standards a. through e. Furthermore, the expansion into the Immokalee Senior Housing RPUD should demonstrate how the proposed church and community center will support the surrounding residential community as required by the High Residential Subdistrict. In addition to IAMP compliance, the submission must also address the alignment with policies outlined in the Future Land Use Element, specifically policies 5.6 and 7.1 through 7.4. Considering that the inclusion of a church and community center will Increase site Intensity, please also submit a traffic impact study as an analysis of the project's impact on traffic within the surrounding neighborhood streets, as per objective 7 and Policy 7.2 of the Transportation Element. Page 156 of 301 Co dier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfi.gov (239) 252-2400 Meeting Notes S uz-A�- P 7'.,&- % ' -j e� P-1-i- - �; , A b Mogy t un- i" L Z►4�r yz, �2I3r+r oA.- d'6't- ,4.tr --X'�j-ra . 1Vote: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to, fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Disclaimer.• Information provided by staff to applicant during the Pre Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 3 of 5 Page 157 of 301 ThomasClarkeVEN From: Michael Sawyer Sent: Wednesday, May 22, 2024 1:48 PM To: ThomasClarkeVEN; Nancy Gundlach Subject: Pre-app notes lmmokalee Senior Housing PUDR Please provide the following notes fo r Tra nsportatio n Planning: Transportation Planning: A methodology meeting by email is required and provide a note on the TIS cover sheet that the fee will be collected at the time of PUD submittal. Address all transportation elements of the GMP. Provide both lTE and SIC use codes in the TIS. Provide trip limit/cap Developer Commitment based on TIS using standard language: "The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDPISDPA or subdivision plat approval." Also, provide potential interconnections where possible or indicate why they are not possible/practicable. Michael Sawyer Project Manager II Capital Project Planning, impact Fees and Program Management Office:239-252-2926 Michael.Sawyer(a)colliercountyfl _gvv Collier County 191MOCOM Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. A Page 158 of 301 ThomasClarkeVEN From: Craig Brown Sent: Thursday, May 23, 2024 2:02 PM To: ThomasClarkeVEN Cc: David Roe Subject: RE: Zoning Pre-App RESEARCH for Immokalee Senior Housing (PUDR) - PL20240005475 Thomas, Here are my notes for this one. Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. Please provide wetland functionality scores WRAP or UMAM if they have been created and or reviewed by the DEP or SFWMD. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03. Identify and provide analysis of any Wellfield Risk Management Special Treatment zones (WRM-ST) located within the project boundary, if applicable. LDC 3.o6.o8 and LDC 3.o6.12.I and confirm compliance with LDC 3.o6.12. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D, 3.05.07.F; 3.05.07.1­1.1.d-e). A tree survey of existing trees will be needed to determine the preservation amount (Per 3.05.07 A.2) , please clarify what has happened to vegetation for the property in question. Environmental Data fee S2,500. Respectfully, Craig Brown Environmental Services Manager, Development Review P�.o�� •— 2-s ay zZ��� Collier County J Growth Management Community Development Department 3.3 Page 159 of 301 ThomasClarkeVEN From: Laurie Beard Sent: Wednesday, May 22, 2024 1:52 PM To: ThomasClarkeVEN Cc: Nancy Gundlach Subject: Pre -Application Meeting PL20240005475 - lmmokalee Senior Housing (PUDR) Attachments: Transportation-PUD monitoring pre app handout 2023.docx The 2024 annual PUD monitoring report is due in May. Please see the attached pre-app notes for PUD monitoring. Laurie Beard Project Manager II PUD Monitoring, GMD 2800 N. Horseshoe [give Naples, FL 34104 Laurie. Beard 5-CollierCou ntvFL.aov Phone: (239)-252-5782 Under Florida Law. e-mail addresses are public records. If you d❑ not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. ?4- t' "'_ -3 . (' ( 1 Page 160 of 301 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: The 2024 annual monitoring report is due for the Immokalee Senior Housing PUD. Due by Mum Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net 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." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "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 CPUD approval, the Managing Entity is the Insert Company Name Here. 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 CPUD 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." 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. ?A 6-A?- %. C. Page 161 of 301 r Co l r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Zoning Pre -Application Meeting Sign -In Sheet PL# 20240005475 Collier County Contact Information: Name Review Discipline Phone Email Laura DeJohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov _ John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@col€iercountyfl.gov Ray Bellows Zoning & Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ike Bosi Zoning &Planning Director 252-1061 Michael.Sasi@colliercountyfl.gov NancyGund€ach,AICP Zoning --- Planner I11 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning — Planner III 252-1032 Eric.Ortman@colliercountyfl.gov C Sean Sarnmon Zoning — Planner III 252-8422 Sean.sammon@colliercountyfl.gov Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov C Vacant Zoning —PIan ner11 252-5759 Sarah.kisner@colliercountyfl.gov ClThomas Clarke Zoning - Operations Analyst 252-2526 thomas.Carke@colliercountyf€.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colIiercountyf€.gov Drew Cody Utility Planning — Project Mgr 111 252-2917 Drew, cody@colliercountyfLgov L Brandi Pollard Utility Impact fees 252-6237 1 brandi.pollard@colliercountyfl.gov L Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@coiliercountyfl.gov l_l Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov -rMichael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Michael Gibbons Structura1/Resident Plan Review 252-2426 michael.gibbons@col#iercountyfl.gov L! Richard Orth Stormwater Planning 252-5092 richard.orth@coIIiercountyfl.gov L� Alicia Humphries Right -Of -Way Permitting 252-2326 aiicia.humphries@colliercountyfi.gov Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@calliercountyfl.gov LJ Sean Lintz North Collier Fire-Batallion Chief 597-9227 slintz@northcollierfire.com L] Maggie Acevedo North Collier Fire 1 252-2309 maceved❑@northcollierfire.com Daniel Zunzunegui North Collier Fire 252-2310 Daniei.Zunzunegui@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ SharA.Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ❑ Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov 1vr Gino Santabarbara Impact Fees — Planner 111 1 252-2925 1 Gino.santabarbara@colliercountyfl.gov Updated 09/29/2023 Page j 4 of 5 Page 162 of 301 Caber County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 L ThomasMastroberto Gr. Naples Fire Site Plans Rev. III 252-7348 thomas.mastroberto@colliercountyfl.gov K Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica.maIloy@colIiercountyfl.gov ❑ Parker Klopf GMP—Comp Planning — Planner 111 252-2471 Parker.klopf@colIiercountyfl.gov ❑ Stephenne Barter GMP—Comp Planning — Planner II 252-7707 Stephenne.barter@ col liercountyfLgov ❑ Vacant GMP-Comp Planning -Planner 111 252-2834 @colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfi.gov ❑ David Roe Environmental Specialist 252-2915 David.Roe@coliiercountyfl.gov ❑ Lauren Murray Environmental Specialist 252-2306 Lauren.murray@colliercountyfl.gov Craig Brown Environmental Review Manager 252-2548 craig.brown@colliercountyfl.gov ❑ Vacant Environmental Review Supervisor 252-4211 @colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn.NageondeLestang@colliercountyfi.gov L Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ki Cormac Gibiin, AICP Director — Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Christine Willoughby Development Review -zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 brett.rosenblum@colliercountyfl.gov ❑ Michele Mosca, AICP Community Develop. — Planner I1 252-2466 michele.rnosca@coiliercountyf1.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@ coIIiercountyfLgov Ll Renaid Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov ❑ Lisa Blacklidge Building Review 252-2758 Lisa.blacklidge@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email �Iq L L i r ,..s►r.--c_- �j��,a-ram ' r Updated 09/29/2023 Page 1 5 of 5 Page 163 of 301 Immokalee Senior Housing PURR - PL2O24OOO5475 - Planner: NancV Gundlach - 5 22 2024 Agent/Applicant : GradyMinor —D.Wayne Arnold/ Sharon Umpen hour C� Fi-id a participant thomasclarkeven (Me) NancyGundlach C:11 Sharon Umpenhour 0 beard_] 0 76 bellows_r 0 ! © Ericortman 0 0 jmbsw y CormacGiblin % tJ Craig Brown CDI Daniel Turner, NCFR CD3 Dginosantabarbara JessicaMaltoy �] D Linda Napless+t--�- mMichael Facundo Mike D z 04 Oscar Lugo 76 sawyermichael Page 164 of 301 Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Wed. 5/22/24 at 1:30 Zoning Operations Staff: Thomas Clarke Immokalee Senior Housing PUDR) - PL20240005475 - Planner: Nancy Gundlach • Applicant Submitting Request: GradyMinor— Sharon Umpenhour 239-947-1144 sumpenhour(@gradyminor.com ■ Agent to list for PL# GradyMinor — D.Wayne Arnold ■ Owner of property (all owners for all parcels) Parcel #'s - Address: 708 N 11th St, Immokalee FL 84080004-- Friendship Baptist Church of Immokalee Florida Inc. 83760008 — Friendship Baptist Church TR • Confirm Purpose of Pre-App: PUD to PUD Rezone (PURR) a Please list the density request of the project if applicable and number of homes/unitsjoffices/docks (any that apply): TB❑ • Details about Project: Amend the PUD to add 00.82+1- acres and to revise the permitted uses to allow church and community services uses. Cancellation/RescheduIe Requests: Contact Connie Thomas -Supervisor --Permitting Consuela.thomaso?colliercountyfl.gov -Phone: 239-252-2473 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zcning Staff Information Page 165 of 301 { x O E � O�g�rrxr pages LL `�f 0 ca=roF Export POP A suna��a V snare W �rm,r.r.rt ❑ G ' E� [wry+ere�k= © �]easue &ef N p�epuCfpim �� � CMfiuln Page 166 of 301 Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code Amendment to PUD- Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMCD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary Completed application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization, signed and notarized IZ Property Ownership Disclosure Form Z Notarized and completed Covenant of Unified Control Z Completed Addressing Checklist (no older than 6 months) Warranty Deed(s) Signed and sealed Boundary Survey (no olderthan 6 months) Z Architectural rendering of proposed structures LJ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ ❑ Statement of utility provisions Li Statement of compliance with Growth Management Plan Environmental data requirements pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement {EIS} packet at time of public hearings. Coordinate with project planner at time of public hearings. See Chapter 7 A. of the Administrative Code ❑ Listed or protected species survey, less than 12 months old. Include copies of previous surveys. ❑ Traffic Impact Study JTIS} Historical and Archaeological Survey or Waiver School Impact Analysis Application, if applicable with residential uses Location of existing public facilities that will serve the PUD Z Electronic copy of all required documents Completed Exhibits A-F (see below far additional information)+ List of requested deviations from the LDC with justification f qr each (this is separate from Exhibit E) -- m ?El ?11document Conceptual Master Site Plan 24" x 36"and one (1) 8'/ 11" copy Dal, I ❑ *Checklist continues on next page PUD Rezone, PUD Amendment, PUD to PUD Rezone Application {PUDZ, PUDA, PURR} 4/22/24 Page 9 of 11 Page 167 of 301 Original PUD document/ordinance, and Master Plan 24" x 36" —Only if Amending the PUD ❑ Revised PUD document with changes crossed thru & underlined ❑ i 4 Development Commitments (infrastructure and related mat ers)VLJ Copy of Official Interpretation and/or Zoning Verification J +The following exhibits are to be completed on a separate document Ad attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards Table for each type of land use • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas, pursuant to LDC subsection 2.03.08 A.2.a.(2)(b)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS -- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nicole Johnson Utilities Engineering: Anthony Stoats Parks and Recreation Director: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay Immokalee Water/Sewer District: Stormwater Management: Fire: City of Naples Planning Director: Erica Martin Other: ❑ City of Naples Utilities: ❑ Other: FEE REQUIREMENTS WFire Pre -Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of application if within 9 months of the pre-app meeting date) Pre -Application Meeting: $500.00 AQ Z PM Rezone: $10,000,00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre AO ® PJ.1D Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an ElS is not required): $1,000.00 transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting • Minor Study Review: $750.00 • Major Study Review $1,500.00 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PURR) 4/22/24 Page 10 of 11 Page 168 of 301 Fire Planning Review Fee: ($300 PUDZ, PURR) ($150 PUDA) ® Estimated Legal Advertising fee: CCPC: $1,125.00 BCC: $500.00 ® If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: ■ Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Printed Named of Signing Party Date PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PURR) 4/22124 Page 11 of 11 Page 169 of 301 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1 David Garcia (print name), as President (title, if applicable) of Friendship Baptist Church of Immokalee Florida, Inc. (company, If a licable), swear or affirm under oath, that I am the (choose one) ownef-71applicant Qcontract purchaser and that. 1, I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development. Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q- Grady Minor and Asscxniates, LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then if is usually executed by the carp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L,C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the generai partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the swords as trustee". ■ In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for, that ownership: -- Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The.foregoing instrument was acknowleged before me by means of 0-physical presence or © online notarization this day of , 2d 24 , by (printed name of owner or qualifier) David Garcia Such person(s) Notary Public must check applicable box: Are personally known to me ® Has produced a current drivers license ® Has produced Notary Signature: —� M08-COA-00115U55 RliV 3/4/2020 as identification. LZOZAIA U4113C3 aetmm #W "Olt P ams 311qnd ►G@WN am 3N.9" SAVJL Page 170 of 301 Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership FRIENDSHIP BAPTIST CHURCH OF IMMOKALEE, FLORIDA, INC., PO BOX 100 580, Immokalee, FL 34143 (a Florida not for profit corporation) Michael Facundo, Pastor Tavis Rene Rios, Youth Pastor Isabel Arreaga, Vice President Yaresly Gorosquieta, Secretary David Garcia, President Sarah Nicole Anzualda, Clerk If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N.A. 01/2023 Page 1 of 3 Page 171 of 301 Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includingthe officers, stockholders, beneficiaries, orpartners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. g. Date subject property acquired 1980, 2006 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. 01/2023 Page 2 of 3 Page 172 of 301 Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: littps://cvl)ortal.collierc:ountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) August 15, 2024 Date 01/2023 Page 3 of 3 Page 173 of 301 COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel ID 00083760008 and 00084080004 (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Mixed Use planned unit development (M PUD) zoning. We hereby designate Q. Grady Minor and Associates, LLc legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County_ 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4, All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5_ So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County maystop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of OwniVr Signature of Owner David Garcia, President Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of 11 physical presence or online notarization this l 1 f14F day of 'Ictt+ , 2024 by David Garcia who is 21personaily known to me or has produced as identification. hR TAVIS IREW RIGS Notary Puliillc �-- � � St3t� of Flor+�a Comm#MM361317 nature of Notary Public t9 Expires 2/12/2027 'ewo /ZEnc eos Print Name of Notary Public PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 8 of 11 ,C Collier County Addressing Checklist GMCD Public Portal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the p roperties within the project boundary are modified. Applicant Contact Information *Name of OwnertAgent: Sharon Umpenhour, Senior Planning Technician Firm [if agent]- Q. Grady Minor and Associates, LLC *Address: 3800 Via Del Rey *Telephone: (239) 947-1144 *City: Bonita Springs Cell: *E-Mail Address: sumpenhour@gradyminor.com Location Information *State: FL *ZIP: 34134 Fax: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]- 00083760008, 00084080004 and 00084320007 Legal Description of subject property or properties [Attach list if necessary]: Section 33, Township 46, Range 29 Street Address(es) where applicable, if already assigned: 708 N 11TH ST and 612 N 11TH ST Addressing Checklist 6/14/2024 Page 1 of 2 (irouth Man agemcnt Community I)cvc.lopTm•nI • Opcrat ion � & Rqulalori Managcmcm 2800 North Ilorseshoe Drive • Naples, Pl. 34104. 2 39-252-2400 • n%A %%,r43Ili rr niMrll ,,,; Page 175 of 301 Collier County Project information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -approval of project name and/or street name may be requested by contacting us at GMD_AddressingacolliercountVfl-gov or 239-252-2482 prior to your submittal. Current Project Name: Immokalee Senior Housing RPUD Proposed Project Name: N.A. Proposed Street Name: N.A. Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https:licveortal.colliercounLyfl.gov/cityviewweb Questions? Email: Front. Desk(a1coliiercountvfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 (iro"th Man agemcnt Community I)cvc.lopTm•nI • Opcrat ion � & Rqulalori Managcmcn1 2800 North Ilorseshoe Drive • Naples, Pl. 34104. 2 39-252-2400 • n%A %%,r43Ili rr niMrll , % - , ; Page 176 of 301 Collier County Property Appraiser Property Aerial Parcel No 00083760008 Site Address *Disclaimer 70$ N 11TH 5T Site City IMMOKA! EE Site Zone *Note 34142 Open GIS in a New Window with More Features. Page 177 of 301 Collier County Property Appraiser Property Aerial Parcel No 00084080004 site Address Site City IMMOKALEE Site Zone *Disclaimer I *Note 34142 Open GIS in a New Window with More Features. Page 178 of 301 Collier County Property Appraiser Property Aerial Parcel No 00084320007 Site Address 612 N 11TFI ST Site City IMMOKALEE Site Zone 'Note 34142 r Open GIS in a New Window with Mare Features. Page 179 of 301 17. art) WARRANUTTY DRED DRfW'S FORM R, E. Ir/y IAonOoiWnd. and for W. by Th. H. E W. 8. Dr— Company J STATORY )eGkaensily, Florida. +Y� F. L 699.02 tl'fhl's _ ure, 656490 OR 875 PG 0984 Made this 12thlay of June , A. 1). 1967 BFTWEEW LULU LANIER, a widow, and ROY C. MILLER,. a Single man, of flee County of Collier In the Slate of Florida , part ies of the first part, and TRUSTEES OF FRIENDSHIP BAPTIST CHURCH, Immokalee, Florida of the County of Collier , in the State of Florida , whose post office address is fO..9oi( Sao Immokalee, Florida part ies of the second part, URRCSsethr That the said part ies of ilia first part, for and In consideration of ilia sum of TEN DOLLARS ($10.00) and othersvaluable consideations Dollars, to them in hand paid by ilia said part ieS of"thasecond part, llte receipt whereof is hereby acknowl- edged, ha ve grant d, bargained, and sold to the saI4 part ies of ilia second part, their heirs and assigns fail,, r thgs following described land, situato, and being in the County of Collier State of F' r fo-wit: ------T.he Wester feet of the Northerly 208.71 feet of the `S h st Quarter (SE';) of the Southwest Quarter (SWf Section 33, Township 46 South, Range 29 Rast, Collier County, Floriday containing one (1.00) aerc;;.less Road Right of Way. ------ -- ' RECORDED OFFICIAL I`f:6ORD BOOK COLLIER . V.'HT.;%,FI,O I m ft Dt7CUh1ENTA}iYje ti5,sA1ti4P i Du Q DEPY OF REYENLiE JUL l5 3 O$ I H SOD _ }� - J6L I6 BO . D Rv p8 )r t c" And the said part ies of the first part do hereby full ,tea y' the title to said land, and will defend the same against the lawful claims of all persons whomsoever In 1ORMs WOW, The said part ies of the st part have hereunto sat their hands and seal s the day and year first above written. * i Signed, sealed and delivered in the presence of: 'L 1 �... • Widow RZ5 jc-1 iGIiller ngle man STATE OF FLORIDA, COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LULU LANIER, a Widow, and ROY C. MILLER, a single man, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this \ day of A. D, 19 ' MY COMMISSION 1- ,,,ES JAN. 21. 1968 ...,�..,c .. 190NDE0 T.HROUGH F•RED W. DIESTELHORST oA. Page 180 of 301 Prepared by and return to: Matthew G. Palentchar, Esq. P.A. 11637 Kelly Rd. Ste 301 Fort Myers, FL 33908 239-989-2080 3949798 OR: 4158 PG: 1502 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/22/2006 at 08:30AK DNIGHT E. BROCR, CLERK CONS 275000.00 REC FEE 18.50 DOC-.70 1925.00 Retn: NATTHEN G FALENTCHAR 11637 KELLY RD #301 FT LAYERS FL 33908 File Number: 2006-126- Will Call No.: [Space Above This Line For Recording Da Warranty Deed This Warranty Deed made this day of December, 2006 between UCC XVI, Inc., a Florida not for profit corporation whose post office address fs'10 E. Center St., Marion, OH 43302, grantor, and Friendship Baptist Church of Immokalee, Flordia, Inc., a Florida 4t for profit corporation whose post office address is PO Box 580, Immokalee, FL 34143-0580, grantee: (Whenever used herein the terms "grantor" and individuals, and the successors and assigns of cor Witnesseth, that said grantor, for and in consider good and valuable considerations to said grantor in'?h has granted, bargained, and sold to the said grantee, situate, lying and being in Collier County, Florida to PURCHASE PROPERTY Phase 11 the parties to this instrument and the heirs, legal representatives, and assigns of sum of TEN AND NO/100 DOLLARS ($10.00) and other said grantee, the receipt whereof is hereby acknowledged, s heirs and assigns forever, the following described land, A portion of the Southeast '/4 of the Southwest 'h of Sediooq �'3, Tgwnship 46 South, Range 29 East, Collier County, Florida, being more particularly described a+s f9116wsr Commence at the Southwest corner of the Northwest '/, of the'Sodheast'/. of the Southwest '/. of said Section 33, thence N 000 00' 20" W, along the West line of the North '/, of the Southeast '/4 of the Southwest'/, of said Section 33, (said line also being the centerline of I 1tk Street North), a distance of 194.68 feet; thence N 891 50' 40" E, parallel with the North line of the-Alorth*9st'h of the Southeast '/. of the Southwest '/. of said Section 33, a distance of 83.65 feet to thPoin't of Beginning of the Parcel of land described; thence North 890 50' 40" East, a distance of EZ§ eet; thence N 00° 00' 20" W, parallel with the West line of the Northwest'/, of the Southeast '/, of th�Soi thwest'/. of said Section 33, a distance of 460.42 feet; thence N 890 50' 40" E, a distance of 289.59-4elt to the West line of the East 163 feet of the Northwest '/, of the Southeast '/, of the Southwest '/, of said Section 33; thence S 000 01, 00" E, along said West line, a distance of 655.24 feet to theme South`` line of the Northwest'/ of the Southeast'/ of the Southwest'/. of said Section 33; thence S 890 51' 40" W, along said South line, a distance of 167.21 feet to the West line of the Northwest'/, of the Southwest'/, of the Southeast '/4 of the Southwest '/4 of said Section 33; thence S 000 00' 45" E, along said West line, a distance of 44.91 feet; thence South 890 59' 43" W, a distance of 84.14 feet; thence North 000 05' 13" East, a distance of 12.20 feet; thence South 890 55' 53" West, a distance of 136.98 feet to a point of curvature; thence Northwesterly, 39.24 feet along the are of a circular curve, concave Northeasterly, having a radius of 25.00 feet, through a central angle of 890 56' 09" and being subtended by a chord which bears North 450 06' 02" West, 35.34 feet to a point of tangency; thence North 000 07' 58" West, a distance of 202.04 feet to the Point of Beginning. Parcel Identification Number: 00084080004 DoubleTime® Page 182 of 301 *** OR; 4158 PG; 1503 *** Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. In Witness Whereof, j` :. `or has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: \` UCC XVI, Inc., a Florida not for profit corporation IL)AIU JAI By: air, Witridis Name: Cheryl 6. Wickersham, ASTD c-, _ n Witness Name: (Corporate Seal) State of op County of A,, it on The foregoing instrument was acknowledged before me this December, 2006 by Cheryl L. Wickersham of UCC XVI, Inc., a Florida not for profit corporation, on behalf of the cor�potat on. He/she U is personally known to me or [X] has produced a driver's license as identification. ` [Notary Seal] N tary Public Printed Name. l n L . �% ✓ r, *a,.� ,f KENNETH L YOUNG, Attorney At Law My Commission s V Notary Public - State of Ohio My Commission Has No Expiration Date. rr of° Section 147.03 R.C. Warranty Deed - Page 2 DoubleTimee Page 183 of 301 dy va 4 "e d'd d` d` d•r� „ .LZ'L8L m M1f EL.BBS d' c k� R" -* � -d-IV d' s R HAW L'a Y S LW d � a• y iw /a R A hUi�a IY � 3ek I g m a aea s� e6efis&�20xwa3N�E�$`8H I Immokalee Senior Housing MPUD (PL20240005475) Aerial Location Map N W + E 'MAP, ' S dA di .� .. . Camellia AVE o . dip 44 Z e ��! 'Mimosa AVE SS F r �* A ASA Al ,r ik -�� ��. h � � .. - - _r//�� .art •.� � � ~ San�t^a�R sa AVE P S i i S L f O F or .0 Ahl Maxwell LN � � r Jo#, :* 40 4 , 4k Immokalee DR. �p I An LEGEND F ":• ""� SUBJECT PROPERTY r Source: Esri, Mazar, Earthstar Geogra'ph';cs, and t'he GIS Use Community n r. Grad Mina 290 145 0 290 Feet Clvl@ Engineers - Land eyors ► PI nnCla I an&cape Estee Page 185 of 301 ENVIRONMENTAL DATA IMMOKALEE FOUNDATION Collier County, Florida AUGUST 2024 Prepared By: Collier Environmental Consultants, Inc. 3211 68"' Street SW Naples, Florida 34105 (239) 263 _ 2687 marcoe(a)prodigy.net Page 186 of 301 .0 ,0U Environmental Data Purpose As per requirements in LDC Sections 3.08.00 and questions in the Cif Checklist Preparation Of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68t" Street SW Naples, Florida 34105 Marco A. Espinar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) identify on Current Aerial / the location of all Collier County / SF'WMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS The project consists of approximately 8.26 acres. The project site is located in Section 33, Township 46, Range 29; in Collier County, Florida. The parcel is located within the boundaries of lmmokalee. The parcels are bordered by North 11"' Street along its western boundary and north of lmmokalee Drive. These parcels are mostly cleared of vegetation. Some have structures while the largest parcels is currently undeveloped. This parcel is an open field with some scattered Slash Pines. The project is surrounded by single family homes and a cemetery along the north. The applicant is proposing to rezone the 8.26+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RFM-6 zoning Districts to a Community Facility (CF) PUD. The PUD will add 0.82+/- acres to the existing 7.44+/- acre RPUD, update the project name to "lmmokalee Senior Housing MPUD" and to rescind the affordable housing density bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow a 200 seat church, and Page 187 of 301 accessory day care, and up to 50,000 square feet of community facility and educational services. The intent is to provide for the future development of the currently undeveloped portions of the project to be developed for a new educational facility for the lmmokalee Foundation, and for the future development of a house of worship with accessory day care facility for the Friendship Baptist Church. See Attached Location Maps, Vegetation Maps / FLUCCS Maps B) Listed Species and bald Eagle Nests and Nest Protection Zones i) Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the FFWCC and the USFWS. Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee. Wildlife Listed Species Study (LDC 10.02,3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. These four parcels have been previous developed and are located in the urban area. All are entirely cleared of native habitat A few native and landscape trees are scattered throughout. The availability of suitable habitat for any vertebrate is quite limited. The parcel is cleared and does not provide potential for any denning, habitation and/or foraging. The parcel is also surrounded by development and is in the urban area. The parcel was traversed and examined. Evidence of homeless camps is evident. At the time of this inspection no burrows and/or animals were encountered. The project site does provide some refuge for traversing birds via some canopy trees. This project meets the Objective of CCME Objective 7.1. CCME OBJECTIVE 7. I -. Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the .Florida Fish and Wildlife Conservation Commission has designated as endangered, ii) Provide Listed Plants identified in LDC Section 3.04.03 Page 188 of 301 See Attached Vegetation List / FLUCCS Code Map This parcel is cleared of vegetation. A few trees such as Slash pines, oaks and cabbage palm are present. A complete list of the vegetation encountered has been provided. See: Attached Vegetation List / FLUCCS Code Map Ak few Tillandsia 3pp. were encountered, iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, Black bear management plan may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC l 0.02.3.A.2.m) Aerials and location maps have been provided. The project consists of approximately 8.26 acres. The project site is located in Section 33, Township 46, Range 29; in Collier County, Florida. The parcel is located within the boundaries of Immokalee. The parcels are bordered by North I P" Street along its western boundary and north of lmmokalee Drive. These parcels are mostly cleared of vegetation. Some have structures while the largest parcels is currently undeveloped. This parcel is an open field with some scattered Slash Pines. The project is surrounded by single family homes and a cemetery along the north. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Page 189 of 301 Native Vegetation Calculation (LDC3.05.07. A.) This parcel was legally cleared. As such the property will be governed by: LDC 3.05.07 A.2 and 3.05.07 B.2 H.) Identify on a current aerial the acreages, location and community types Location Maps / Aerials (LDC10.02.3.A.2.m) The project consists of approximately 8.26 acres. The project site is located in Section 33, Township 46, Range 29; in Collier County, Florida. The parcel is located within the boundaries of Immokalee. The parcels are bordered by North 11`l' Street along its western boundary and north of Immokalee Drive. These parcels are mostly cleared of vegetation. Some have structures while the largest parcels is currently undeveloped. This parcel is an open field with some scattered Slash Pines. The project is surrounded by single family homes and a cemetery along the north. See Attached Location Maps, Vegetation Maps / FLUCCS Maps 3.05.07 Preservation Standards This site is totally void of any native habitat_ This site does have native trees scattered throughout. A tree survey will be conducted prior to Site Development, and an exhibit attached showing species, locations and tree size. ]3.05.07 — Preservation Standards A.(1) Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in :,cctloi) (6 117 H, Le_ The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re -growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. Since the site has no native habitat/vegetation, no preserve will be provided. The site does have a few native trees. This firm identified 33 mature trees. These trees comprise of two Laurel oaks and (31) thirty-one Slash pines. Exhibit attached as Tree Survey. A) 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained Page 190 of 301 shall be by tree count based on the percent requirement for native vegetation pursuant to .ti t?C, (I7 B. Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an additional tree (18 inch DBH = 1 tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a certified arborist or any individual meeting the qualifications in.,. 0 .0.7. H.1.g.iii, shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters, if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of 35 t►5_ri7 H. Where trees cannot be retained, the percent requirement of trees shall be made up elsewhere on -site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10-foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to a 00 (In This will be consistent with Goal 6 of Collier County GMP's Objective 6,1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves: The no preserve as the site has no native habitat see Exhibit Master plan. Soil Ground Water Sampling Natural Site Page 191 of 301 LOCATION MAPS Page 192 of 301 7RUTM(8,T R AW 1: 7) D' R D• E An 11 RAFFGlit7 RU r 1 e A 4h _ C, T NAEiII'AC 11 z (x A :JAVE i f 4, M i i M Al r CAMEII,If'AV C fr,�, 0 J1 ti #TH AYE . :MIMOSA•AVE n 7TN'AW@ .. - " SANTA ROSA AWE T u 11 x + I '6i a X'* " `•^ 'IMMt]KALEE DR P.1 MM(7M AL FF C:ii 7 �r i. 'E .:F0RRI5'IER'AVE ( no 5 s nVF —' 3' ROBE RT'iAVF. W kUEIERTy AVE W "T T'+r 7' x zr z L ww l I .� I... 2Nf7 AWE A NHINGA CIR 14, #jr7 IF V , 4 �• 4 ' : �� # f � mod,: ■ ����: � � � .'!. • T +� Q,1 4 • � �' �� x�r �r.4f IL 1 a f �r�ll •r ANNE d� f .�r Ma Wisle`f{2�y4�2d/�.,fike�J/�/� /j ❑ r' x LOCATION i 1 O N MAP P Labels Drawinri Paints Drawing Urtvr Ilrawing Palygans Orawing Scleeteti rueftrn Panels Streets OSM Hybrid County Boundar#es Pamel Outlines ". FA i I 0 240 480 72U ft Copyright 2023 MapWlse, Inc. All rights reserved. wVMmopwise,com, This map is Informational only: No representation Is made or warranty given as to Rs content. User assumes all risk of use. MapWlse and its suppliers assume no responsibillty for any lasses resulting from such use. Page 194 of 301 rr r + 4-� J, / Ar yy il. di # y , ? A' iS Y r Y J ile A1tilt 4 ,1 f OTS y7 TV. #i Ma wise 20244• FLUCCS MAP - 740 Labels Drawing DISTURBED PornLS Drawing d v LineS Ordwing Polygons drawing Selected Custom Parcels Streets OSM Hybrid County 9oundAde6 Parcel Outlineg I---- --- otHOtiY Copyright 2023 MapWse, Inc, All rights reserved, www,mapwirL,com, This map Ig informational only, No representation i5 made or warranty given a$ to ItS content. User assumes all risk of use- MppWise and Its supplicrs assume no respanslblllty for any Josses resulting from such use. Page 195 of 301 S'• � t � { . .'.¢-wow FLUCCS MAP Labels txawing Point$ Drawing Lines Urawlnf7 put ygonr. Drawing Selected Custom ftrCels streeu Mapwlse CwntyBoundaries Parcel Outlines I-....— .�., tl 110 220 330 fl Copyright 2023 MapWise, Inc. All rights reserved. www.mapwise.com. This map is Informational only. No representation Is made or warranty given Ts to its content. User assumes all risk of use, MapWise and Its suppliers assume no responsibility for any losses resulting from such use. Page 196 of 301 SOILS MAPS Page 197 of 301 =RIC H H XI H H H H H H _ H H R COLLIER COUNTY SOIL LEGEND REVISED 1 f 9 0 H. YAMATAIXI 2 3 4 6 7 s 10 11 14 1S 16 17 18 20 21 22 23 25 27 28 29 31 32 33 ¢-; 34 35 36 37 38 H 40 41 42 H 43 45 H 48 H 49 r. ••.�:� :..�.� H 5l t• H 52 53 H 5.4 HOLOPAW FS, LIMESTONE SUBSTRATUM! MALABAR FS. CROBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS IMMOKA LRE FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS - PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT- DRUM AND-MALABAR_ � . SIGH.,, FS ROCA FS CHOBEE, WINDER AND GATOR'SOILS, P2PRESSIONAL HOLOPAW AND OKEELANTA SOILS DEPRESSTONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WA13ASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW 13ASINGER COMPLEX URBAN LAND IMMOXALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWIX.•LLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATELLITE COMPLEX CANAVERAL BEACMES ASSOCIATION WINDER, RIVIERA-; LIMESTONE SUBSTRATUM- AND. CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) , HALLANDALE AND BOCA FS (slough) OCHOPBE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY.FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIONS+Y�FLOODED Page 198 of 301 r -1 Via Wise`2fl24 SOILS # 34 URBAN LAND IMMOKALEEE OLDSMAR .I4► . 1 ,r 4 4 , l�• .tY� � � I �TI f , z F }r f A { 4 + r � 1k. 4, �. 4 ;k.A- 4 ,'• .M' .. _ +, f "k Selected Custom Parcels Streets CSM Hybrid County 6oundarlcs Parcel Outlines Solis Saundarles o 1.19 118 1 t Copyright 2023 MapWise, Inc. All rights reserved, www.mapwise com. This map Is Informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and Its suppliers assume by re5ponSibility for any losses resulting froln such use. Page 199 of 301 SOIL SURVEY OF COLLIER COUNTY AREA, FLORIDA - SHEET NUMBER 6 17 1 22 ;?a B 1 aia 1/2 1/4 1 4•`a ] 2 KILOMETERS SCALE 1:24 000 Page 200 of 301 COLLIER COUNTY WELL FIELD Page 201 of 301 Collier Countv Well Field Protection Zones 2010 Well FI:Id Protection Zones W - 1 one =I Year Travel -Tirna Igqcuntour W - 2 Zone= 2 Year Travel Time Isoconlour W - 3 Zane m 5 Ytar Travel TiFris I&oCoi)toLjr WYNN FIRM W-4 Zone - 20 Year Travel Time Isoconlour Miles 2 4 8 Lee County -,Jill Ave Merls Weft Field WIN P1414 \ IL Los County CoRtar Cou" NOUN -A"I ill 4 Golden Rmim won RAW Chy of Noon /Effill Ocuffilp Gwft 7.. Well pkm 7— t ITT City or f Millie Well Field j Callim County t 1 Walli'lold RI j nod da ravaritimmist UtAdy Authority Golden 1381. City MMI Field w C MY CAr Coaipfty fM j ti WL 11 ri.ld ----------- Page 202 of 301 TREE SURVEY / FLUCCS MAP Page 203 of 301 Il+'I,UC CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator States 740 Disturbed Lands This consists of a cleared field. The area has some scattered SIash pines. There is no mod]story. The ground cover consists primarily of Bahia grass. Slash pine Cabbage palm Laurel oak Strangler fig Brazilian pepper Guineagrass Woman tongue Bahia grass Mexican clover Sandspur Whitehead broom Chocolate weed Broom sedge Whitehead broom Grape vine Virginia creeper Cat -briar I id �] Ctl Ci] •.ice Epiphytic Plants Stiff - leaved Wire Spanish moss Pinus elliotti FAW Sahal palmetto FAC Quercus virginicus F,ACU Ficus aurea FAC 5chinus terebinihifolius Exotic Panicum maximum FAC, Alhizia lebbeck Exotic Paspalum notatum UPL Richardia grandiflora Exotic C"enchrus echinaws FAC Spermacoce verticillata FAC Melochia corchorifolia FAC Andropogon virginicus FAC- Spermacoce verticillata FAC Vitis rotundifolia FAC Ampelopsis quinquefolia FAC .Smilax spp. FAC Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) Dllandsia fasiculata FDA/C Illlandvia setacea FDA/C Tillandsia usneoi.'des Neighboring Parcels FLi1_CCS DESCRIPTION III Single Family Homes 130 Multi family residence 148 Cemetery Page 204 of 301 • .raw- � � -. _� ,�Ti. �•- t � _� . la, �. i ... PW,O% #I ZMAI r { .m IIA �f � A- �! - "A6IVr,4. IV r s r Al ' AIMwjib- • �. �' �- WOW r, Af 7 Wise 204 . h FLUCCS MAP tabelsDra*lnc Points drawing N Linep drawing Polygons drawing Selected Custom Parcels Streets Mapwise CoLrnty Batind3rits Ppr<;el Outlines 0 110 220 33U M Copyright 2023 MaOWiSe. Inc. All rlgihls reserved, www.mapwlse.eorn. This map is informational only, No representation is made or warranty given as to its content. User assumes all risk of use MapWise and its suppliers assume no responsibility for any losses resulting from such use. Page 205 of 301 NATIVE TREE SURVEY DBH LA'!i I,ONG SPECIES 1 27,0 inches dbh N 26,42800 W 081,42821 Slash pine 2 18.5 inches dbh N 26.42805 W 081.42844 Slash Pine 3 37.5 inches dbh N 26.42761 W 081.42879 Laurel oak 4 22.0 inches dbh N 26.42760 W 081.42866 Laurel oak 5 17.2 inches dbh N 26,42782 W 081.42936 Slash Pine 6 17.6 inches dbh N 26.42829 W 081.42888 Slash Pine 7 1'6.6 inches dbh N 26.42838 W 081.42851 Slash Pine 8 14.3 inches dbh N 26.42842 W 081.42851 Slash Pine 9 17.0 inches dbh N 26,42848 W 081.42841 Slash Pine 10 15.0 inches dbh N 26.42845 W 091.42827 Slash Pine 11 20.7 inches dbh N 26.42841 W 081.42828 Slash Pine 12 19.0 inches dbh N 26.42853 W 081.42825 Slash Pine 13 23.5 inches dbh N 26.42867 W 081,42822 Slash Pine 14 16.3 inches dbh N 26.42870 W 081.42834 Slash Pine 15 21.3 inches dbh N 26.42865 W 081.42843 Slash Pine 16 19.7 inches dbh N 26.42878 W 081.42848 Slash Pine 17 20.0 inches dbh N 26,42877 W 081.42864 Slash Pine 18 20.5 inches dbh N 26,42879 W 081.42898 Slash Pine 19 18.0 inches dbh N 26.42895 W 081.42899 Slash Pine 20 18.5 inches dbh N 26.42900 W 081.42899 Slash Pine 21 20.0 inches dbh N 26.42899 W 081.42839 Slash Pine 22 19,0 inches dbh N 26.42888 W 081.42819 Slash Pine 23 22.5 inches dbh N 26,42883 W 081.42814 Slash Pine 24 24.4 inches dbh N 26.42938 W 091.42821 Slash Pine 25 18.5 inches dbh N 26.42939 W 081.42818 Slash Pine 26 25.0 inches dbh N 26.42940 W 081.42847 Slash Pine 27 22.5 inches dbh N 26.42940 W 081.42905 Slash Pine 28 22.0 inches dbh N 26.42816 W 081.42949 Slash Pine 29 19.3 inches dbh N 26.42820 W 081.42952 Slash Pine 30 11.0 inches dbh N 26,42820 W 081.42950 Slash Pine 31 14.0 inches dbh N 26.42828 W 081.42948 Slash Pine 32 13.0 inches dbh N 26.42833 W 081.42958 Slash Pine 33 19.5 inches dbh N 26.42841 W 081.42960 Slash Pine Page 206 of 301 lr�' I , 11 a ,y M 11 1 1 4F .if .J L M Mca Wise 2024 ,1W NATIVE TREE SUREY Labels Drawing Points Drawing Lines Drawing Polygons drawing Selected CU$tpM Parcels Streets Mapwfse Cuunty Boundaries Parcel O7 Itli neS 0 59 1113 177 ft Copyright 2023 MapWlse, Inc. All rights reserved. www,mapwise•corn. This map is informational only. No representation is Made at Warranty given as to its content. User assumes all risk of use. MapWise and Its suppliers assume no responslblllty for any losses resulting from such use. Page 207 of 301 3.055,07 Preservation Standards Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to S. Only slash pine trees with an S inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an additional tree (1 S inch DBH = 1 tree, 24 inch DBH = 2 trees, 26 inch DISH = 3 trees, etc.). Slash pine trees and cabbage palms shall only be retained on portions of the property with a density of 8 or more trees per acre Page 208 of 301 MASTER PLAN Page 209 of 301 ZONED: RMF-6 USE: CEMETERY ZONED: RSF-3 USE: RESIDENTIAL 10' WIDE TYPED' LANDSCAPE BUFFER ZONED: RSF-3 USE: RESIDENTIAL 10' WIDE TYPE 'A' LANDSCAPE BUFFER ZONED: RMF-6 USE: CHURCH POTENTIAL VEHICULAR INTERCONNECTION 10' WIDE TYPE 'A' T LANDSCAPE BUFFER J F .Q W+ C? 10' WIDE TYPE 'A' LANDSCAPE BUFFER CF* *INCLUDES OUTDOOR RECREATION AND ASSEMBLY AREA 'z'. o'. +,rx Z,• Ca H' Q 15' WIDE TYPE'B' r LANDSCAPE BUFFER L I 10' WIDE TYPE 'D' LANDSCAPE BUFFER I TRACT BOUNDARY ZONED: RMF-6 USE: RESIDENTIAL J 1T WIDE TYPE'B' LANDSCAPE BUFFER ZONED: MH USE: RESIDENTIAL 1T WIDE TYPE'B' LANDSCAPE BUFFER ZONED: RMF-6 15' WIDE TYPE'B' USE: RESIDENTIAL LANDSCAPE BUFFER N 0 60' 120' SCALE: 1" = 120, IMMOKALEE SENIOR HOUSING MPUD SCALE: - Q. CraJy Minor anJ P.A. D1. JOB CODE: © GradyMinor 1100 DDI 3111111 No Drl R0Y I c Bonita Springs. Plorlda 34134 DATE: EXHIBIT C Civil Engineers . Land Surveyors . Planners Cert. oFAuth. EB 0005151 cert. oFAdh. LB 0005151 . Landscape Architects Businem Le 26000266 MASTER PLAN „� BANE: - _ _ Bonita Springs: 239.947.1144 u wu. 6rady4/1nor. rom Fort Myers: 239.690.4380 SHEET 1 OF 2 a Paae 210 of 3( IMMO ALES FOUNDATION LISTED SPECIES SURVEY Collier County, Florida August 2024 Prepared By: Collier Environmental Consultants, Inc. 3211 68"' Street SW Naples, Florida 34105 (239) 263 — 2687 marcoe�,prodigy.net Page 211 of 301 I Introduction / Purpose This report is an account of a Listed Species Survey recently performed on a 8.26 acre tract called Immokalee Foundation. Its purpose is to identify and describe key habitats and report of any potential listed species utilizing the site that may be at risk due to possible future development actions. This survey and report are based on fieldwork performed during June 2024, It Site Descrintior The project consists of approximately 8.26 acres, The project site is located in Section 33, Township 46, Range 29; in Collier County, Florida, The parcel is located within the boundaries of Immokalee. The parcels are bordered by North 11'l' Street along its western boundary and north of Irnmokalee Drive. These parcels are mostly cleared of vegetation. Some have structures while the largest parcels is currently undeveloped. This parcel is an open field with some scattered Slash Pines. The project is surrounded by single family homes and a cemetery along the north, These parcels are mostly cleared of native vegetation. Scattered Slash pines are the dominate native canopy trees. There are also a couple of Laurel oaks_ See Exhibit # I - Location Map The availability of goad functional habitat has been greatly reduced. The following habitats are found onsite. See Exhibit #2 - FLUCCS Map CODE HABITAT ACREAGE 740 Disturbed 8.26 acres Upload TOTAL SITE = 8.26 ac. I1.1 Lasted Species Survey The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was conducted in June 6-7, 2024. Established transects were oriented north - south and east - west and superimposed on an aerial map of the site. These transects were ground - located and Page 212 of 301 walked by compass bearing, Early morning (0730 - 1000), mid -day (1100 - 1500) and late -day (1500 -1800) time periods were chosen to survey these transects. All passible species of plants and animals listed by state and federal agencies were noted. IV Results & Discussions June 6-7, 2024 warm, Nice clear sky, high 80's Listed flora Several Tillandsia snn. were seen on site on planted live oaks Refer to Exhibit # 3 Cumulative Plant List Listed Fauna A description of the wildlife found onsite is provided below. Refer to Exhibit # 4 - Wildlife Species Observed Key Species Discussion : Taking into account the location of the parcel, any State and Federal listed species that could be found on or around the site include: Gopher Tortoise This site does not offer some suitable habitat for Gopher tortoise. Specific attention was given looking along the face of any spoil material mounds. However, no signs or burrows were identified on the subject parcel. Big Cypress Fox Squirrels Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed foraging and/or inhabiting the subject parcel. Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. The proposed project is not anticipated to adversely affect the Florida Bonneted Bat. This site has no viable roosting habitat on site. Page 213 of 301 Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. This mammal has a large home range and is known to inhabit the general area_ Conclusions This parcel offers very little habitat for vertebrates. The site has been previously cleared and is in the urban area. This parcel is surrounded by single family homes. The cleared field shows signs of use by neighborhood kids. The project site does not have any native habitat. Utilization by vertebrates is very limited. Wildlife observed was limited to a few birds traversing the site_ During this survey No Listed Species were observed. Threatened, Endangered and Species of Special Concern Species Present Absent Suspected Black bear x Florida panther x Everglades mink x Big Cypress Fox squirrel x Bonneted Bat x Indigo snake x American alligator x Gopher tortoise x Gopher Frog x Southeastern American kestrel x Red -Cockaded woodpecker x Florida Scrub Jay x Wood stork x Snail kite x Bald eagle x Lirnpkin x Osprey x White ibis x Tricolored heron x Snowy egret x Reddish egret x Little blue heron x Page 214 of 301 ti c• , p • L.AKE1�F�pI LAi€E;iRAf�rORO RD a HAI}ISATCTIR r(J ,ILA M AV r Ei-LIA'AVE �� L k x y TFr' t`.• r . a pl Ave +� NAN IIV kL)SA AVE •�'L' hl H AVE t e w Q�7-2 Ak b '� ^� v�r r v g Yr x t �., w p �• 5P, AVE F a -•� * '•1 Y iMMov,ALEE D' rMWOKAI FE DR r�M+ kMM4KAI Ff- DR rl- _ftl rLLF'AV{{� J' IMP !� I FOR RE;TikAV z I,IA l,-,flF.RTS R(111"i4lSMF W AVE W•w m R4kitxibAVL LN,=--_ , y s, 41 $ ' ._ L- . __ i AWIINGACIR r =Moo Et w� a� 2o2 LOCATION MAP obels Drawing P4int5 Drawing Unes Drawlnq Pulygon9 Drawing Selected Custom Parce45 Streets osM Hybrid County 60UndarlCS Parcel Outlines T 17 li ,AIL z' 1V L 0 60 120 180 it Copyright 2023 MapWlse, Inc. All rights reserved. www.mapwise.com. This map is informational only. Na representation Is made or warranty given as to its content. User assumes all risk of use. MapWlse and Its suppliers assume no responslbillty for any losses resulting from such use, Page 216 of 301 Vise 2002W Off— FLUCCS MAP - 740 DISTURBED Labris Drawing Polnts Drawing i1ne5 Drawing Polygons Drawing selected Custom Pareets Streets OSM Hybrid County Soundaries Parcel Outlines A u sa 120 IOU ft Copyright 2023 MapWise, Inc. All rights reserved, www,mapwise.com. This map is Informational only. No repfesentation Is made or warranty given as to its content, User 3SSUmes all risk of use, MapWSe and Its suppliers assume no responsbiity for any losses resulting from such use. Page 217 of 301 FLUCCS CODE A►ND VEGETATION l N V LNT0RY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 740 Disturbed Lands This consists of cleared field. The area has some scattered Slash pines. There is no modistory. The ground cover consists primarily of Bahia grass. Slash pine Cabbage palm Laurel oak Strangler fig Brazilian pepper Guineagrass Woman tongue Bahia grass .Mexican clover Sandspur Whitehead broom Chocolate weed Broom sedge Whitehead broom Grape vine Virginia creeper Cat -briar INDICATOR STATUS EDinhvtie Plants Pi?ms elliotti FACW Sabal palmetto FAC duercus virginicus FACU Ficus aurea FAC Schinus terebinthifolius Exotic Panicum maximum FAC- Albizia lebbeck Exotic Paspalum notatum UPL Richards grandi flora Exotic Cenchrus echinatus FAC Spermacoce verticillata FAC Melochia corchorifolia FAC Andropogon virginicus FAC- Spermacoce verticillato FAC Vitis rotundifolia FAC Ampelopsis quinquefolia FAC Smilax spp. FAC Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FA►C), Upland (UPL) Stiff - leaved pi llandsia fasiculata FDAIC. Wire lWandva setacea FDAJC Spanish moss Tillandsia usneoides Neighboring Parcels FLUCCS DESCRIPTION III Single Family Homes 130 Multi family residence 148 Cemetery Page 218 of 301 TRANSECTS WALKED Labels Mrawing Points Drawing Lines Drawing Polygons Drawing Selected Custom parcels Streets OSM Hybrid County Boon dories Parcel Outlines r �¢4 p 0 4 L�,.LC 01 . - - i I - 0 60 11Q M� 'I Copyfight 2(M MapWise, Inc. All rights reserved. www.mapwise.com, ihls map Is Informational only, No representation is made or warranty given as to its content, User assumes all risk of use. Mapwlse and Its suppilers assume no responsibility for any losses resulting from such use. Page 219 of 301 BLACK BEAD NUISANCE CALLS +.i 81512024, 2:16:27 PM I- Black Bear Calls I&_ 1-0,028 D 0.05 0.1 0.2 mi 0 0,1 0.2 0.4 km Florida Fish and Wlldldt Consarvalion CoMmission-Fish find Wlldllfa Research Institute, Stale of Florida, Maxor, County or Colljer, Fsri, HERE, Gormin, IRC TRCIS Uecr Disclaimer. Thle graphlcal repfesenlalion Is proWded for Informational purpose:: anti should not do cansldoreo aulhcniatrve Car navlgatlonat. engineering, Ragaj2Woof,301 JMB TRANSP13RTATION ENGINEERING, INC. TRAFFICITRAN5PORTATI❑N ENGINEERING & PLANNING SERVICCS TRAFFIC IMPACT STATEMENT Immokalee Senior Housing MPUD (Collier County, Florida) August G, 2024 Revised November 4, 2024 CounU TIS Review Fees TIS Methodology Review Fee = S500.00 TIS (Major Study) Review Fee = $1, 500.00 Prepared by: JMB TRANSPC3RTAnoN ENGINEERING, INC. 4711 7TH AVKNUE SW NAPLE9, FLOR€aA 341 19 CERT€FIGATE OF AUTHORIZATION NO. Z7830 WME PROJECT NO. $4061 1 ) Page 221 of 301 TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 3 Table A - Existing & Proposed Land Use 3 Figure 1 - Location Map 3.1 Master Concept Plan 3.2 Project Generated Traffic 4 Table B - Net New Site -Generated Trips 4 Table 1A — New Trip Generations Computations 4.1 & 4.2 Table 113 — Existing Trip Generations Computations 4.3 Existing + Committed Road Network 5 Project Traffic Distribution 5 Area of Significant Impact 5 Figure 2 - Project Traffic Distribution 5.1 Figure 3 - Project Traffic Distribution 5.2 Table 2 - Area of Impact/Road Classification 5.3 2023 thru 2028 Project Build -out Traffic Conditions 6 Table 3 - 2023 & 2028 Link Volumes 6.1 Table 4 - 2028 Link Volumes/Capacity Analysis 6.2 Appendix 7 01 Page 222 of 301 Conclusions Based upon the findings of this report, it was determined that the proposed land use changes to the Immoka.lee Senior Housing PUD will not have a negative impact upon the surrounding road network. More specifically, it was verified that all roadways, within the project's area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed daycare, church, afierhours K-12 school tutoringlmentoringlassistance program, community support services offices, as well as the existing senior housing. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Site -Related Roadway Improvements Site -related improvements will be determined at the time of acquiring final development approval. Methodology On June 21, 2024, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meetingfee will be paid at the time of submitting the zoning application. Page 223 of 301 Scope of Project Immokalee Senior Housing PUD is an existing PUD that has developed 30 senior housing dwelling units. It is proposed to add other potential land uses to the PUD, which are a church having a floor space of 5,000 square feet with a capacity of 200 seats, which will also house a daycare facility (100 children) having a floor space of 5,000 square feet, an afterhours K-12 school tutoringlmentoring/assistance program within a floor space of 25,000 square feet and an enrollment capacity of 400 students and community support services offices within 25,000 square feet. The site is located on the east corner of Santa Rosa Avenue and N. I Ph Street, within Immokalee, Florida. Access to the site will be provided via N. I Ph Street and Santa Rosa Avenue. Site -related improvements will be determined at the time of acquiring final development approval. Table A Existing & Pro used Land Uses Existing Land Use Existing Sizell.Jnits Senior Housing 30 d.u.'s Proposed Land Use Proposed SizelUnits Church Daycare 5,000 s.f. & 200 seats 100 Children Afterhours K-12 school tutoringlmentoringlassistance program 25,000 s.f. & 400 students Community Support Services Offices 25,000 s.f. Page 224 of 301 CV F7rn in Westdox St NORTH .o U ` \ Lake Trafford Rd �♦ Of Cn 00 \. I] 2 U a San Rosa `♦ Immokaiee Dr \ \ ` Roberts Ave a' 0 m m Mom 3t (SR 29) � CR 846 Boston Av TT-- I N Oelo are Colorado Eustis Ave Carver St Of a a E E LEGEND INTERSTATE HIGHWAY 6--LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR — -- w — 2—LANE ARTERIAL 2—LANE COLLECTOR/LQCAL RAIL ROAD TRAN5PORTATION ENGINEERING, INC. Immokalee Senior Housing MPUD Project Location & FIGURE 1 Roadway Classification June 21, 2024 3.1 Page 225 of 301 ZONED: RSF-3 USE: RESIDENTIAL 10' WIDE TYPE 'D' -- LANDSCAPE BUFFER ZONED: RSF-3 USE: RESIDENTIAL 10' WIDE TYPE W —, LANDSCAPE BUFFER ZONED: RMF-b USE: CHURCH ` V POTENTIAL VEHICULAR INTERCONNECTION 10' WID E TYPE 'A' f LANDSCAPE BUFFER Wz ` �C]W� A 1 1T WIDE TYPE'BB r•; LANDSCAPE BUFFER , :I 10' WIDE TYPE 'D' LANDSCAPE BUFFER ` 1 ZONED: RMF-b USE: CEMETERY 10' WIDE TYPE 'A' /L LANDSCAPE BUFFER CF* *INCLUDES OUTDOOR RECREATION AND ASSEMBLY AREA ZONED: RMF-6 USE: RESIDENTIAL TRACT BOUNDARY - Q I I S1YL1s7VILY iJ.GG 0-jYf — Il Vu.] — — — 0-C.adr R1�fwv-d nygul i-, P.A. Grad, Minor :IFII1B.Fy 1, "M, 1luldla Syrlrt�.. Flwldx 8a I3a CiW E"Incerm LanaSumwors Planners LandscapeAr%chIWc[s rn[of.Wtn. F;B �00$151 fkf�el Aufh. Ln OW�551 FM1tlueea LC3BOfp366 mrulaswinv: WMN7.1141 u.l.'reerllianr. cnm vunhi)g : 23915MAWO EXHIBIT c MASTER PLAN N a so' 12a' SCALE: 1" = 120' rn1 c leP xex«-o� SHE[jr 1 OF 2 Page 226 of 301 Project Generated Traffic Traffic that can be expected to be generated by Immokalee Senior Housing MPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, I Ith Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code Senior Housing Attached (LUC 252) was most appropriate in estimating the existing land use trips; and land use codes Private School K-12 (LUC 532), Church (LUC 560), Daycare (LUC 565) and General Office Building (LUC 710) were the most appropriate in estimating the proposed land use trips. Note, the trip rates of the ITE Manual that were estimated for the Private School K-12, Church and Daycare were reduced by 40% in order to reflect the historical and established walkability of the nearby residential neighborhoods and public schools. As determined, the project's net new trips will be 104 vph and 150 vph trips during the AM and PM peak hours, respectively. Table lA and Table I depict the computations performed in determining the total number of new trips and existing trips, respectively. Table B provides a summary of the trip generation computation results that are shown in Table IA. Table B Site -Generated Trips (Summation of Table IA and Table 1B) AM Peak PM Peak Daily Trips Hour Trips Hour Trips Land use (ADT) Generated Generated (vph)h Proposed Private School K-12, Church, 1,286 104 150 Dayeare and General Office (Refer to Table IA Existing Senior housing 112 7 8 Re er to Table 1B Existing + Proposed Trip Cap 158 (Trip Ca The report concludes that the project will generate more than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. 4 Page 227 of 301 TABLE 1A (Page 1 of 2) TRIP GENERATION COMPUTATIONS Immokalee Senior Housing MPUD Code Land Use Description Build Schedule 532 Private School (K -12) (25,000 s f.) 400 Students (After 3 PM Only) 560 Church (Weekday) 5,000 sf 560 Church (Weekday) 200 Seats 560 Church (Sunday) 5,000 s.f. 560 Church (Sunday) 200 Seats 565 Day Care Center 5,000 s. f 565 Day Care Center 100 Students 710 General Office Building 25,000 s.f. PUS - PROPOSED LAND USE Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 532 Daily Traffic (ADT) = T= 2.48(X) = 595 ADT AM Peak Hour (vph) = N/A N/A PM Peak Hour (vph) = T= 0.17(X) = 40% Reduction 41 vph 18 / 23 vph 43% Enter/ 57% Exit = See Note No. 1 LUC560 (Weekday - s.f.) Daily Traffic (ADT) = T= 7.60(X) = 40% Reduction 23 ADT AM Peak Hour (vph) = T= 0.32(X) = See Nate No.1 2 vph T / 1 vph 7-9 AM 62% Enter/ 38% Exit PM Peak Hour (vph) = T 0.36(X) + 4.70 = 7 vph 314 vph 4-6 PM 44% Enter/565o Exit = LUC 560 (Weekday - seats) Daily Traffic (ADT) = T= 0.93(X) - 16.74 = 40% Reduction 102 ADT AM Peak Hour (vph) = T- 0.07(X) = See Note No.1 8 ADT 5 / 3 vph 7-9 AM 60% Enter/ 40% Exit = PM Peak Hour (vph) = T= 0.10(X) = 12 ADT 5 / 7 vph 4-6 PM 45% Enter/ SS% Exit = L UC 560 (Sunday - s f ) Daily Traffic (ADT) = T= 31.45(X) = 40% Reduction 94 ADT Peak Hour (vph) = T=1Q.35(X) = See Note No. 1 31 vph 15 / 16 vph of Generator 48% Enter/52%6 Exit = Note No. 1 A 40% reduction in site generated auto trips is expected based upon the historical and established walkability from the surrounding neighborhoods. Ai Page 228 of 301 TABLE 1A (Page 2 of 2) TRIP GENERATION COMPUTATIONS Immokalee Senior Housing MPUD Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Sunday - seats) Daily Traffic (ADT) = T= 2.21(X) = 40% Reduction 265 ADT Peak Hour (vph) = T= 0.51(X) = See mote No. 1 61 vph 30 / 31 vph of Generator 49% Enter/ 51% Exit = LUC 565 (Floor Space) Daily Traffic (ADT) = T=47.62(X) = 40% Reduction 143 ADT AM Peak Hour (vph) = T= 11.0(X) = See Note No.1 33 vph 17116 vph 7-9 AM 53% Enter/47% Exit = PM Peak Hour (vph) = T= 11.12(X) = 33 vph 16 / 17 vph 4-6 PM 47% Enter/53% Exit = LUC 565 (Students) Daily Traffic (ADT) = T= 3.56(X) + 47.23 = 40% Reduction 242 ADT AM Peak Hour (vph) = T= 0.66(X) + 8.42= see Note No. 1 45 vph 24 / 21 vph 7-9 AM 53% Enter/ 47% Exit = PM Peak Hour (vph) = Ln(T) = 0.87Ln(X)+0.29 = 44 vph 21 / 23 vph 4-6 PM 47% Enter/ 53% Exit LUC 710 Daily Traffic (ADT) = Ln(T) = 0.87Ln(X)+3.05 = 347 ADT AM Peak Hour (vph) = Ln(T) = 0.86Ln(X)+ 1.16 = 51 vph 45 / 6 vph 88% Enter/ 12% Exit PM Peak Hour (vph) = Ln(T) = 0.83Ln(X)+1.29 = 53 vph 9 / 44 vph 17% Enter/ 83% Exit = TOTALS Daily Traffic (ADT) = 1,286 ADT AM Peak Flour (vph) = 104 vph 74 / 3❑ vph PM Peak Hour (vph) = 150 vph 53 / 97 vph Note No. 1 A 40Ve reduction in site generated auto trips is expected based upon the historical and established walkability from the surrounding neighborhoods. 4. 2, Page 229 of 301 TABLE 1B TRIP GENERATION COMPUTATIONS Immoka{ee Senior Housing MPUD PUD - EXISTING LAND USE Land Use Code Land Use Description 252 Senior Adult Housing - Attached LUC 252 Daily Traffic (ADT) = T = 2.89(X) + 24.82 = AM Peak Hour (vph) = T = 0.19(X)+0.90 = 34% Enter/ 66% Exit = PM Peak Hour (vph) = T = 0.25(X) + 0.07 = 56% Enter/ 44% Exit = Build Schedule 30 Units 112 ADT 7 Kph 2 / 4 vph S Kph 4/3 vph *.3 Page 230 of 301 Existing + Committed Road Network Table 2 and Figure 1 provide a detail of the surrounding F + C roadways. Table 2 also depicts the adjacent roads minimum level of service performance standards and capacity. Direct access to the site will be provided by Santa Rosa Avenue and N. 1 l cn Street, which are both two-lane local roadways. The principal arterial that will provide access to Immokalee Senior Housing MPUD is State Road 29, which varies from a two-lane to a four -lane divided arterial and is maintained by the Florida Department of Transportation. Table 2 depicts the minimum level of service performance standards and capacity for State Road 29. Project Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area. The distribution of trips considers surrounding land uses such as employment opportunities, residential neighborhoods, and public schools. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage basis. Table 2 and Figure 3 depict the project traffic by directional volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Figure 2 depicts the project traffic distributions and Table 2 describes the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. S Page 231 of 301 rr �R Westclox St a En LO a Xh 11• 20% Lake Trafford Rd 4 ■ _I 1 j !'rl D m �n 30 ` � L O L7 z a son pso $ 117 Immokalee ❑r 10%— L Roberts Ave a r O E � v 5% .2 T— aa.� tl 1{'M Boston A oe in � o W. Dell ore -4 ~t Colorado Eustis Avel u m m n s a E E CR 846 LEGEND I fib- PROJECT TRAFFIC USTRiBUTION BY PERCENT JNBTRANSPORTA'1"I0N ENGINEERINL3, INC. Immokalee Senior Housing MPUD Project Traffic Distribution FIGURE 2 Oct 31, 2024 '51 Page 232 of 301 J . '] Page 233 of 301 jm 0 O 00 2 Z 2 Z �£ n ` CD co \ II.c o (Z V CL a a a G n \ kIz ® « (L 2 § )±�R2 e ] m ��� I $ u z 2 a � 'o I = OD co\ 2 CL a > U. / of � }}\/ W C4 IX § W S ©� \]_\ \ \\ f i > S LLI -jCL 0 �\�c G Go � a A ) } /q m ® < j h 0 % „ a a o z k $ } B \ \ k $ 6 \ a $ E / £ C, C © 9 C� ± 2 / p 3 § a. z k a 2 n / j /; 2023 thru 2028 Project Build -out Traffic Conditions In order to establish 2023 thru 2028 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor and annual growth rate were derived from the 2023 Collier County AUIR Report. Using the annual growth rate, the 2028 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2023 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2028 vested trips 'Y' background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2023 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity. As determined, the proposed land use changes to the Immokalee Senior Housing CFPUD will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service standard. It was verified that all roadways, within the projeefs area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed land uses. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. 6 Page 235 of 301 cn W J a z M MM Y"I W Ja OD N v N a� M Y v N lJ i_ C CL N G C N i i 00 2 ,❑ N M' j 7 to H a a m 7 CL a a r v t0 N N l6 [] Y > c a a ca a ❑ � Q � O 6 O Q N N (\f a o! w vq V C3. Q [P r a Ln w 0 m 0 N N o oa O 2 rqII N is R QI U in O ❑ IIIIII m'asc a 7 3 G O a o a o m a Y a a �i0 Ya Y oa 0 y a 7 Q 0 Vi N co a a m � s J Q ^ a O 0. z v ❑ S[ ° a Jg a = a o W•� a Y r m N N LU a a a 7 O C mtJ O cm 4 ❑rn QQ� �..% co W 7 N " J � a a m ❑Q a m 7 _ 1, D e Q a = Ll M C'. d I [O a7 ❑ a a a v 0 vl U m n 0 N L C o cm � a C1 L N O ¢ [J1 O N � � [O � U C!) Ern o a Q r- tf LO 1:11 OD 6.2 ORDINANCE NO. 04 - 29 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ellZONING REGULATIONS FOR THE UNINCORPORATED �yy2627�g?9 AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 6933S; BY CHANGING THE ZONING CLASSIFICATION OF THE N HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6" co RESIDENTIAL MULTI -FAMILY ZONING DISTRICT TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO PROVIDE 59.52 AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED ON THE EAST SIDE OF IITH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition number PUDZ-2003-AR-4390 to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6" Residential Multiple -family zoning district to "RPUD" Residential Planned Unit Development in accordance with the Immokalee Senior Housing, Ltd. PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. SECTION TWO: The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. Page 1 of 2 Page 238 of 301 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2004. LWIGHT E`12 C,K, CLERK t-AA� Deputy O71i A44- Approved as to form an , d legal sufficiency ()�_ , , 7��,��.�I, /, � , Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA G . BY: ee,c Jz4z ONNA FIALA, CHAIRMAN This ordinance filed with the ry of totes Off' thp, ay of �, and ocknowledgemen that filin �ece' dayof B pepvfy rk Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 Page 239 of 301 IMMOKALEE SENIOR HOUSING A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: United Church Homes 170 E. Center Street PO Box 1806 Marion, Ohio 43301-1806 PREPARED BY: Davidson Engineering, Inc. Rick Joudrey, PE 2154 Trade Center Way Suite 3 Naples, FL 34109 Talon Management, Inc. Tim Hancock, AICP 3898 Tamiami Trail North Suite 202 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Page 240 of 301 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE 3 STATEMENT OF COMPLIANCE AND SHORT TITLE 4 SECTION I : PROPERTY OWNERSHIP & DESCRIPTION 5 SECTION II: PROJECT DEVELOPMENT 7 SECTION III: RESIDENTIAL AREAS PLAN 11 SECTION IV: DEVELOPMENT COMMITMENTS 14 a Page 241 of 301 TABLE l: DEVIATION LIST EXHIBIT "A" EXHIBIT `B" EXHIBIT "C" EXHIBIT "D" LIST OF EXHIBITS AND TABLES Development Standards PUD Master Plan Legal Description Location Map Boundary Survey Page 242 of 301 STATEMENT OF COMPLIANCE AND SHORT TITLE The development of approximately 7.44 acres of property in Collier County, as a Residential Planned Unit Development to be known as IMMOKALEE SENIOR HOUSING PUD must be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan as it may be amended. The residential and recreational facilities of IMMOKALEE SENIOR HOUSING PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project I. The subject property is within the Residential Designation, High Residential District as identified on the Immokalee Future Land Use Map as required in Objective H.1; of the Immokalee Area Master Plan. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Policy II.1.2 of the Immokalee Area Master Plan. 3. The project development, as stipulated within this PUD document regarding increased setbacks and buffering beyond the minimums set forth in the LDC, is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element and Policy II.1.3 of the Immokalee Area Master Plan. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 6. The projected density of 16 dwelling units per acre is in compliance with the Immokalee Area Master Plan based on the following relationships to required criteria: Base density: 8 upa (High Residential District) Affordable Housing Provision: 8 upa (Maximum) TOTAL 16 upa SHORT TITLE This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential Planned Unit Development Ordinance." 4 Page 243 of 301 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Immokalee Senior Housing Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 7.44 acres, is described as: A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township 46 South, Range 29 East, Collier County, Florida, being more particularly described in Exhibit `B" 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Henry Allen Fish, 321 W Main Street, Immokalee, FL, 34142-3930. The subject property is under contract to purchase by Immokalee Senior Housing LTD, 170 E. Center Street; Marion, Ohio 43301-1806, of which United Church Homes, I for whom this PUD document was prepared by the agent, is a general partner. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the West 1/2 of Section 33, Township 46 South, Range 29 East. The project location is generally described as lying immediately east of 11� Street North, South of Lake Trafford Road in Immokalee, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was RMF-6. 1.5 PHYSICAL DESCRIPTION The project consists of 7.44± acres of mowed grass, scrub/upland habitat and scattered pine trees. There are two existing homes located on the property. The existing site is well drained and maintained and does not have any natural features which would complicate development as proposed. Development of this project will require the removal of existing buildings on the property. Surface water management for the project will be designed according to South Florida Water Management District design standards. Since the site is under the minimum area threshold and no jurisdictional wetlands exist, surface water management permitting should fall under Collier County jurisdiction. 5 Page 244 of 301 Water Management for the proposed project is planned to be the dry retention type. Elevations within the project site range from 33.2 to 34.9 feet above mean sea level. The entire site is in Flood Zone D according to Firm Map dated June 3`d, 1986 Panel No. 120067 0150 D. The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar, limestone substratum, complex. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PROJECT DESCRIPTION The project will be developed to serve residential needs of the elderly in the Immokalee community. This PUD only permits the development of the subject property to contain affordable housing apartments to serve the aging population in the area. 6 Page 245 of 301 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Immokalee Senior Housing Residential PUD shall be in accordance with the contents of this document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Except as noted in the multi -family dwelling unit limitation, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Immokalee Senior Housing Residential PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless formal deviations have been sought and approved as part of this PUD, the provisions of other land development codes remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities. Page 246 of 301 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be 3 land use tracts, including necessary water management facilities. The general configuration of which is also illustrated by Exhibit "A". B. It is the intent of this PUD to develop affordable senior housing subject to limitations contained this document and the Density Rating System contained in the Collier County Growth Management Plan. PHASE ACREAGE MAXIMUM NUMBER OF UNITS 1 2.09 30 units, which includes one unit within the main structure (not a separate structure) to house a superintendent or resident manager 2 2.55 44 units 3 2.80 45 units C. Minor modification to all tracts or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code.(text removed) D. In addition to the various areas and specific items shown in Exhibit "A", easements (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The PUD is designed to accommodate dwelling types intended to serve the senior population of Immokalee. The use will consist of affordable rental apartments. A maximum of 119 non -market rate multi -family residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 7.44 acres and a maximum of 16 dwelling units per acre. A density of more than 8.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD if required, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable may be submitted for the entire area covered by 8 Page 247 of 301 the PUD Master Plan. Any division of property and the development of the land must be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code shall apply to the development of all platted tracts, or parcels of land. D. The development of any tract or parcel for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a PUD amendment in compliance with the LDC PUD amendment procedure in effect at that time. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. E Page 248 of 301 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The project shall contain up to 3 development tracts, which will allow for multi- family dwelling units limited to senior independent living residential facilities. 3.2. MAXIMUM DWELLING UNITS All phases combined shall not exceed 119 total dwelling units. The maximum number of dwelling units allowed within the PUD shall be as follows: Phase 1: 30 Units (including a caretaker/manager unit within building) Phase 2: 44 Units Phase 3: 45 Units Total: 119 Units 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Use: Multi -family dwelling units —limited to only senior Independent living residence facility, as that term is described below: A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual dwelling units with living, sleeping, bathroom, and kitchen facilities. The Independent Living Residence Facility may include a Senior Village Community Center or Community Building, or similar common areas such as a common dining facility, and space for the provision of social, psychological, and educational programs. The facility may provide home health care or other community -based services for residents of the project on an individual basis and offer meals, linen, and housekeeping services. The Independent Living Residence Facility may provide a residence for a superintendent or for maintenance staff, but there shall be no on -site residence of medical or other staff. Services to anyone other than full-time residents are prohibited as part of this PUD. io Page 249 of 301 B. Accessory Uses: (1) Customary accessory uses and structures, excluding garages. (2) Common recreational amenities. (3) Maintenance facility (a garage -type door is allowable). 3.4. GENERAL DEVELOPMENT STANDARDS A. All yard setbacks, etc. shall be measured from the project boundaries of PUD, with the exception of the required distance between structures. B. This project must utilize an overall architectural theme for all principal and accessory structures. 3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES A. MINIMUM LOT AREA: 10,000 square feet B. MINIMUM LOT WIDTH: 100 feet C. MINIMUM PRESERVE AREA: 0.47 acres D. MINIMUM PRESERVE WIDTH: 20 feet E. MINIMUM BUILDING SETBACKS (YARDS): (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2—Street: 25 feet Phase 3 50 feet (5) Distance between principal structures shall be 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. Distance between principal structures and accessory structures or between accessory structures shall be a minimum of 10 feet. (6) Minimum setback from Preserves — 25 feet F. MINIMUM FLOOR AREA: 550 square feet per unit G. OFF-STREET PARKING AND LOADING REQUIREMENTS ii Page 250 of 301 3.6 (1) Off-street parking (subject of a deviation) Independent Living Residence Facility: 1 space per dwelling unit (2) Off -Street Loading spaces will be provided in compliance with LDC Section 2.3.21.3, but in no case will there be less than 1 loading space provide per building. H. MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base flood elevation, whichever is less DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES A. MINIMUM BUILDING SETBACKS (YARDS): C (1) North: Phase 2, adjacent to single-family homes 50 feet Phase 3, adjacent to cemetery 15 feet (2) East: Phase 1, adjacent to mobile homes 20 feet Phase 2, adjacent to duplex structures 20 feet Phase 3, with preserve & duplexes 60 feet (3) South: Phase 1, adjacent to single-family homes 20 feet Phase 2, adjacent to mobile homes 20 feet (4) West Phases 1 & 2—Street: 25 feet Phase 3 50 feet (5) Distance between accessory structures - 15 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. (6) Minimum setback from Preserves — 10 feet MAXIMUM FLOOR AREA: 100 square feet per unit MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base flood elevation, whichever is less 12 Page 251 of 301 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2. GENERAL 4.3. A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. B. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. C. This project must provide a resident manager. PUD MASTER PLAN A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed 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 application. Subject to the provisions of Section 2.7.3.5 of the 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. C. This project must provide a minimum of 60 percent, in the amount of no less than 4.46 acres, of usable open space as that term is defined in the LDC, and in compliance with LDC Section 2.6.32. Prior to development approval for any phase of this project, a comprehensive open space table must be provided on the site plan that demonstrates total open space requirement compliance. 13 Page 252 of 301 4.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Development of the first Phase of the Immokalee Senior Housing PUD is expected to commence in 2004. The project may be completed as early as 2009, including all amenities and improvements shown on the PUD Master Plan. B. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION A. Single access to the PUD shall be in alignment with Santa Rosa Avenue such that to create a two way stop control. B. Arterial level street lights shall be provided at the point of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. 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 (LDC). D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). E. Site -related improvements necessary for safe ingress and egress to this project, 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 CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13 and Division 3.15. LDC. G. All work within Collier County rights -of -way or public easements shall require a Right-of-way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247) and the LDC. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 14 Page 253 of 301 I. 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 will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. K. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. If, in the sole opinion of Collier County, 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 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 CO. 4.6 WATER MANAGEMENT Water management will be provided per Collier County requirements in effect at the time of development plan submittal. 4.7 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. C. AlI conservation areas shall be designated as tracts or easements with protective covenants. Easements shall be dedication on the plat to an appropriate entity for ownership and maintenance and to Collier County with no responsibility for maintenance. D. 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 from the boundary of any preserve. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed within the preserve areas and subsequent annual 15 Page 254 of 301 removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. H. Permitted uses within preserves shall be limited to low -impact passive recreational uses such as boardwalks, walking trails, picnic areas, etc. Such uses will not allow the Preserve to drop below minimum required acreage. I. Prior to the issuance of the first Certificate of Occupancy for any portion of this property, the developer must remove all exotic plants as defined in division 3.9 from the entire PUD site, to include future development phases. Subsequent to first phase removal, the developer must implement a maintenance program to prevent reinvasion of the site by exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the community development services director in accordance with the standards established in division 3.9. Protection of native vegetation, according to the applicable provisions of the LDC must be implemented during prohibited exotic vegetation removal. J. As part of the development order submittal for the first phase of development, the developer must identify all areas that must be created within the boundary of the Preserve. These depictions are subject to further review and approval by staff. Furthermore, the depictions must comply with the requirements of Section 3.9 of the LDC. 4.8 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure except for a construction site office, which can be constructed in compliance with temporary use allowances in the LDC. 4.9 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 4.10 LANDSCAPE BUFFERS BERMS FENCES AND WALLS The following landscape buffering requirements shall apply to this project: A. The developer must retain all existing indigenous plant material within all buffer areas and setback areas not occupied by parking areas, as volunteered by the agent in a March 25, 2004 letter. W. Page 255 of 301 B. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single-family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a mobile home, street, church or cemetery, a type "B" must be provided. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer areas are increased by an equivalent width. D. Prior to site development plan approval for any portion of this site, the developer must revise the development plan to be in compliance with the landscape island width standards of the LDC. No deviations were sought or approved to relax any landscape island width standards. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. The site plan provided with the PUD application does not meet landscape island width standards. No deviations from any requirements have been approved. The development must provide a site plan for development approval that is fully compliant with all landscape island standards. 4.12 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 17 Page 256 of 301 TABLE 1 DEVELOPMENT STANDARDS REQUIREMENTS PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A FLOOR AREA 550 sq. ft. per unit 100 sq. ft. per unit MINIMUM MAXIMUM MINIMUM BUILDING SETBACKS (YARDS) North: Phase 2, adjacent to single-family homes 50 feet 50 feet Phase 3, adjacent to cemetery 15 feet 15 feet East: Phase 1, adjacent to mobile homes 20 feet 20 feet Phase 2, adjacent to duplex structures 20 feet 20 feet Phase 3, with preserve & duplexes 60 feet 60 feet South: Phase 1, adjacent to single-family homes 20 feet 20 feet Phase 2, adjacent to mobile homes 20 feet 20 feet West Phases 1 & 2—Street: 25 feet 25 feet Phase 3 50 feet 50 feet MINIMUM PRESERVE SETBACK 25 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES 15 feet or 1/2 the sum 15 feet or 1/2 the sum of the building heights, of the building heights, whichever is greater whichever is greater MAXIMUM BUILDING HEIGHT 35 feet or a maximum 25 feet or a maximum of 2 stories above of 1 story above mini - minimum base flood ele- mum base flood elevation, vation, whichever is less whichever is less MINIMUM PRESERVE AREA: 0.47 acres MINIMUM PRESERVE WIDTH: 20 feet Notes: No structures are permitted in the required, 20 foot lake maintenance easement 18 Page 257 of 301 IMMOKALEE SENIOR HOUSING PUD PUDZ-2003-AR-4390 DEVIATION LIST APRIL 28, 2004 Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi -family dwelling unit parking standards requiring this project to provide 210 parking spaces, to allow the project to provide a maximum of 128 spaces, a reduction of 82 spaces which represents a 39 percent reduction in the parking. Deviation #1 is approved limited to the following parking space allocation, and subject to the conditions listed below: Parking Deviation Conditions: I. Any change in unit allocation within a phase noted above will require an equivalent change in the parking allocation; and 2. Garages for individual dwelling units are prohibited; and 3. The developer must augment the buffer areas, if necessary, to provide minimum "C" width, planting type, and size buffers as that buffer is described in the LDC, where this project abuts a duplex or single family use. The buffer width may be reduced at the project's entrance only to the minimum amount to allow safe access that will align with Santa Rosa Avenue. Where the adjacent use is a street, church or cemetery, a Type "B" must be provided, thus allocating the area on site that would normally be occupied by parking spaces to be utilized for open space areas. Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot wide type "B" buffer, to allow a 15 foot wide buffer area that will contain trees spaced no more than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15 19 Page 258 of 301 foot wide type "D" buffer will be provided. The effect of this deviation would primarily be to provide a type "A" buffer rather than a "B" buffer where a "B" buffer is required. Deviation #2 is denied. 20 Page 259 of 301 oc' . �... ((fl) a�afr I � ' nn EII ►li �.ta � -� { I I I f Jill 133.00' (D) •���(D) lZY9l� —) rw loom :-. N - G pV y • - � � g � I I I �.,.�.• (n) teat l.. sn svw — 1 a 0 I 10 N I POO; I �r f i O�,OO�f9l _ Revised to reflect W May 11, 2004 �W Board Action M Hq owg_ 0 CO O O N O d 21 EXHIBIT "B" LEGAL DESCRIPTION PROPERTY DESCRIVITON: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THIi SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF'CHE SOUTHWEST 1/4 OF SAID SECTION 33, THENCE: N. 00000'20" W., ALONC THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, (SAID LINE ALSO BEING THE CENTERLINE OF I ITH STREET NORTH), A DISTANCE OF 194.68 FEET; THENCE N. 89°50'40" E., PARALLEL WITH THE NORTH LRQ-. OF THE NORTHWEST 1,4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT -OF- WAY LINE OF SAID I ITH STREET NORTH AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESRIBED; THENCE CONTINUE N. 89°50'40" E., ALONG 1-AST SAID LINE, A DISTANCE OF 178.71 FEET; THENCE N. 00°00'20" W., PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 460.42 FEET; THE NCE N. 89°50'40" E., A DISTANCE OF 288.59 FEET TO THE WEST LINE OF THE EAST 163 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S. 00001'00" E., ALONG SAID WEST LINE, A DISTANCE OF 655.24 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S. 89051'40" W., ALONG SAID SOUTH LINE, A DIS"ANCE OF 167.21 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, THENCE S. 00°00'45" E., ALONG SAID WEST LINE, A DISTANCE OF 333.80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S. 89°54'32" W., ALONG SAID SOUTH LINE, A DIS"'ANCE OF 300.26 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID I ITH STREET NORTH, THENCE N. 00000'20" W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 528.23 FEET TO THE POINT OF BEGINNING. CONTAINING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS. 22 Page 261 of 301 —";6�4—Au • C' r IMMML-� -,1 eft ro7 O .J 23 Nup- 0 Cl) O M CD N N CD (u d 24 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004, by and between United Church Homes (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase an option to purchase contract a tract of real property described as (complete legal description) See attached legal description Collier County, Florida (The "Property"). The legal and equitable owners include Henry Allen Fish. It is the Developers intent to construct a maximum of 119 residential units (the "Units") at a density of 16 units per gross acre on the Property. The gross acreage of Property is 7.44 acres. The number of affordable Units constructed by Developer shall be 119 , representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., which density bonus can only be granted by the Commission and utilized by the developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 59.52 affordable bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the affordable housing density bonus of 8 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: -I- Page 264 of 301 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 119 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one -twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to -2- Page 265 of 301 publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three -step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, -3- Page 266 of 301 the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a low or very low household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as -4- Page 267 of 301 provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be,filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 8 and is therefore granted a affordable housing density bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 59.52 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 119 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. -5- Page 268 of 301 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them. by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return - receipt requested U.S. Mail, or hand -delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its -6- Page 269 of 301 duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Collier County Financial Administration & Housing Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Developer: Immokalee Senior Housing, Ltd. 170 E, Center Street Marion, Ohio 43301-1806 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the parties agree that if Developer -7- Page 270 of 301 transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in -8- Page 271 of 301 a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100 percent affordable housing units for this project, with 100 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency, This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. -9- Page 272 of 301 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:., DWIGH f E r(^ At'i a6'6�: Oat n'S �lgsit �fij: BOARD F COUNTY COMMISSIONERS COL COUNTY, FL RIDA Irrn.vi��_ 1jG�G By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: 6 Patrick G. W ite Assistant County Attorney DEVELOPER: IMMOKALEE SENIOR HOUSING, LTD. By: Cheryl L. Wickersham Asst. Sec/Treasurer, UCCXIV, Inc. General Partner of Immokalee Senior Housing, LTD Contract Purchaser Witnesses: (PRINT AND SIGN NAMES BELOW) STATE OF ) COUNTY OF ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by WITNESS my hand and official seal this day of , 2004. Notary Public My Commission Expires: -10- Page 273 of 301 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 113 400 2 Bedroom 6 400 3 Bedroom 4 Bedroom TOTAL. 119 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY -VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 8 units/acre. (2) Gross acreage 7.44 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 8 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 16 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. -11- Page 274 of 301 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner -occupied or rental, single-family or multi -family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. -12- Page 275 of 301 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 _ MORE MODERATE (OWNER -OCCUPIED, 0 1 * 1 SINGLE-FAMILY) LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI -FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 -13- Page 276 of 301 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev.4/01 -14- Page 277 of 301 APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes _ No _ Co -Tenant Name Race/National Origin: Handicap: Yes _ No _ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Title City State Zip Telephone No. Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Job Every 2 Weeks $ Monthly $ Birth Date --- Job Title _ Job Title Every 2 Weeks $ Monthly $ Birth Date Job -15- Page 278 of 301 NAMES OF ALL WHO WILL, OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. 2. _ 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: -16- Page 279 of 301 APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co -Tenant's Name:: Social Security Number Present Address: Street City I hereby make application for an apartment at State I hereby declare and reveal all of my sources of income. Zip Telephone No. Apartments. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co -Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $- -Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT, THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. - 17- Page 280 of 301 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, hereby authorize the release of information requested (Applicant) on this verification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this My Commission Expires: day of Notary Public EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly STATE OF FLORIDA ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of My Commission Expires: Supervisor Notary Public 2001. 2001. THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. -18- Page 281 of 301 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD — 7.44 Acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 6-30-03 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 16 units/acre. Gross acreage of the proposed development. 7.44 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Immokalee Senior Housine PUD 11`h Street North Immokalee FL 5. Name of applicant United Church Homes Name of land developer if not the same as Applicant: same as applicant 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency -19- Page 282 of 301 One Bedroom 113 Two Bedroom 6 Three Bedroom Other Bedroom TOTAL 119 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 113 59.52 2 Bedroom 6 3 Bedroom Other TOTAL 119 5952 Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom -20- Page 283 of 301 Other TOTAL Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY -VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. Phase I will consist of 28 one -bedroom and 2 two -bedroom apartment units in a two-story elevator building. All units will serve the low-income elderly population. The units will have through wall electric resistance heating and air conditioning. Floor coverings will consist of carpeting in the living room and bedrooms and vinyl ,flooring in the kitchens and baths. Window coverings will be mini -blinds. The kitchens in all units will include a range, range hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will also have a ceiling fan light fixture. The apartment building will include a coin -operated laundryfacilityfor resident use. Phase 2 andlor 3 will be of a similar nature. One bedroom units are 576 square feet and two bedroom units are 739 square feet. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. -21 - Page 284 of 301 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-29 Which was adopted by the Board of County Commissioners on the llth day of May, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio,to.Board of County-Co.mmi 4s2oners By : Ahn ' ,Jeiane j 6iin ;, ,D4pu,ty 'C.lei?k " /; 6... }'. LEI •_ Page 285 of 301 COLLIER COUNTY GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION STORMWATER AND ENVIRONMENTAL PLANNING SECTION VEGETATION REMOVAL PERMIT VRP: PL201400011360 Folio Number: 0084080004 This permit authorizes the owner/agent of 33 46 29 COMM AT SW CNR OF NW 114 OF SE114 OF SW114,N 194.68FT, N89DEG E 83.65FT, TO POB, N89DEG E 125.06FT, N 460.42FT, to remove dead and fallen trees and exotic vegetation in accordance with the attached plan and the following conditions, per Collier County Land Development Code Chapter 3.05. GENERAL CONDITIONS: I. This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. This permit does not obviate the owner/agent from obtaining required permits of County, State, and Federal jurisdictional agencies; specifically the Army Corps of Engineers. 3. No other protected vegetation shall be injured in any way, including root systems. 4. Within one month of clearing, vegetation debris shall be removed from the site to an authorized waste facility. SPECIFIC CONDITIONS: 5. This permit is effective on Thursday, July 17, 2014 and expires at 11:59 p.m. on 01/1.3/201.5. 6. Vegetation may be removed by using mechanical means. 7. Should non --exotic protected vegetation be injured in any way, in kind replacement shall be required. 8. This permit requires annual maintenance (exotic removal) as required by Land Development Code Chapter 4.06.05. IRONMENTAL WANNING STAFF DATE David Anthony Property Owner: Authorized Agent: Friendship Baptist Church 801 N I Ith St Irnmokalee, FL 34142 Phone:(239) 657-3430 Phone: By utilizing this permit, the owner/agent acknowledges having read Collier County Land Development Code Chapter 3.05 and agrees to the conditions of this permit. Cc: VRP File Collier County Code Enforcement Department Page 286 of 301 Print Map Page 1 of 1 e MAPLEGEND fir, - ^jr• €. a p��t 5treet:Nwne� €— parce:7s Subdivisions AeriBls 2013 �b inoh U:Otani Pf Atdats2419212 FEET;I 3 r Eiilild lfiQ Pa0iij r1f529 L a;allIer County ,;. .• y i r t r -sz aP: 'ter+ . Ga, Folio Number:00084 080004 Name: FRIENDSHIP BAPIS7 6 s CHURCH OF 3 f Street# & Name: 11TH ST N � Legal Description: 33 46 29 COMM 1I4 0 SW114,N 194.68 FT, N89DEG F r 83.65FT, TO P00, N89DEG E q" x - v 125.06FT, N 460.42FT, wE S 3 Y ® 2004- Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http:llwww.collierappraiser.comlwebmaplmapprint.aspx?title—&orient=LANDSICAPE&p... 10 0_Q13-7of 301 ia IMMOKALEE WATER &SEWER DISTRICT September 26, 2024 Oscar Lugo Project Manager Grady Minor 6150 Diamond Centre Ct., Suite 1003 Fort Myers, FL 33912 RE: AVAILABILITY LETTER lmmokalee Senior Housing PUDR — Community Service (School Building) Utility Availability Dear Mr. Lugo, The lmmokalee Water and Sewer District has received your request for a utility availability letter for the Immokalee Senior Housing property located at 708 North lath Street in lmmokalee, Florida. Based on the information provided, the District understands that the proposed project is within the lmmokalee Senior Housing PUD which is being amended to allow the proposed community service use, which consists of developing a school building for the lmmokalee Foundation. Based on the estimated flows provided, the school is anticipated to accommodate 400 students and 50 staff members. The estimated peak flows are 20.0 PM for water and 14.3 GPM for sewer. There is an existing 6" PVC water main located along the west side of North 11th Street and an existing 8" PVC gravity sanitary sewer located along the east side of North 11th Street that are available to serve the proposed improvements. The District's water and wastewater treatment plants have sufficient capacity to serve the proposed improvements to the property. The District requires the developer to schedule a pre -application meeting to discuss the project in more detail as well as outline the District's approval process and requirements. Mc Joseph 80ster Chair Ms. Patricia Anne Goodnight Vice Chair Ms. Bonnie Keen Secretary Mr. Robert Halman Treasurer Ms. Magda Ayala Commissioner Mr. Jack Johnson Commissioner IMMOKALEE WATER &SEWER DISTRICT Sincerely, Sarah A. Catala, CPM Executive Director Immokalee Water and Sewer District Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-4I, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting, For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance , )I PL20240005475 - Immokalee Senior Housing MPUD ig a re of Applicant) STATE OF FLORIDA, COUNTY OF COLLIER te The foregoing instrument was acknowledged before me by means of 0 physical presence or online registration this 1 B day of December 20 24 , by Sharon Umpenhour as Senior Planning Technician who is 0 personally known to me or Ohas produced as identification. K1111I11KYAWSt HER YCOIYNiKSSIOH / HI 110 4d31� Eo: tplR EM,wnu■yZ 2W Sig ature o onPuBW u Kimberly Ann Scher Print Name of Notary Public Page 290 of 301 NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240005475 - Immokalee Senior Housing MPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) host- ed by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, LLC (GradyMinor), representing Friendship Baptist Church Immokalee Florida, Inc. (Applicant) will be held January 7, 2025, 5:30 pm at Immokalee Foundation, 908 Roberts Ave W, Immokalee, FL 34142. The Applicant has submitted a formal application to Collier County, seeking approval to rezone the 7.99+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RFM-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the ex- isting 7.44+/- acre RPUD, update the project name to "Immokalee Senior Housing MPUD" and to rescind the affordable housing densi- ty bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow A maxi- mum of 30 multi -family dwelling units, one 5,000 square foot 200 seat church, with accessory 100 student childcare and 50,000 square feet of offices and classroom space in support of educational trust family services, educational trusts, educational tutoring (8299) and job training and skill training centers. The subject property is comprised of 7.99± acres and is located at 612 and 708 N 11TH Street in Section 33, Township 46 South, Range 29 East, Collier County, Florida. If you have questions, please contact Sharon Umpenhour with GradyMinor by mail: sumpenhour@gradyminor.com or phone: 239-947-1144. For project infor- mation or to register to participate remotely* go to, GradyMinor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoning application and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. GradyMinor a Pape -Dawson company Q. 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O""-zR. zww---- OUWpp�""NNFzZZ� K0a2K SYgggg f4 �IJ����00000000� m>aKaa<wwW�O » » » w??>00000 » 7¢¢¢aaaaaaa¢¢000wx2�YF » » ¢wKj�wUwwwwp2x-S ������22MM22zzzzooaaaaaaaaaa000 ommmmmmmmmmmmmm"" wwwwww mmmmmmmm"" w""""rrrr » >>>>> 3>�� NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240005475 — Immokalee Senior Housing MPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, LLC (GradyMinor), representing Friendship Baptist Church Immokalee Florida, Inc. (Applicant) will be held January 7, 2025, 5:30 pm at Immokalee Foundation, 908 Roberts Ave W, Immokalee, FL 34142. The Applicant has submitted a formal application to Collier County, seeking approval to rezone the 7.99+/- acre property from the Immokalee Senior Housing, Ltd. RPUD and RFM-6 Zoning Districts to a Mixed Use (M) PUD. The PUD will add 0.55+/- acres to the existing 7.44+/- acre RPUD, update the project name to "Immokalee Senior Housing MPUD" and to rescind the affordable housing density bonus agreement, reduce the allowable number of residential units from 119 to 30 units, revise the permitted uses to allow A maximum of 30 multi -family dwelling units, one 5,000 square foot 200 seat church, with accessory 100 student childcare and 50,000 square feet of offices and classroom space in support of educational trust family services, educational trusts, educational tutoring (8299) and job training and skill training centers. The subject property is comprised of 7.99± acres and is located at 612 and 708 N 11 T" Street in Section 33, Township 46 South, Range 29 East, Collier County, Florida. I'a�^'AV � per,--� — Al SUBJECT o PROPERTY 672and706 N tiTH Street �t"�j�, ' fy,�.gr� 7N. YP � 1 L r, n3 r� -If I i hf' o;� i rLiLILi JI I Imm zi as UR �— =�¢� �r I 3 r T�ly_ITk F a s Im S If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, GradyMinor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoning application and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMirpraffg %6esfog�jle for technical issues. NF-40788734 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested' action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour, Senior Planning Technician WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DE OPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL2024000547)5 Q. Grady Minor and Associates, LLC S16 OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 3800 Via Del Rey, Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 3 day of March 20 25 by Sharon Umpenhour personally known to me of: p edueed as ides and who didFdid not take an oath. Signature of Notary Public CELENAM. MARSHALL MY COMMISSION # HH 600388 ''foaF�q" EXPIRES: OclaoW 6, 2028 My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Celena M. Marshall Printed Name of Notary Public Page 297 of 301 Page 298 of 301 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on March 20, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-29, IMMOKALEE SENIOR HOUSING RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AND ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 0.55+/- ACRES OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4), FOR A PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING MPUD, BY REDUCING THE NUMBER OF MULTI -FAMILY DWELLING UNITS FROM 119 TO 30, AND ALLOWING A 5,000 GROSS SQUARE FOOT 200-SEAT CHURCH WITH ACCESSORY 100 STUDENT CHILD CARE, AND UP TO 50,000 SQUARE FEET OF CERTAIN COMMUNITY FACILITY AND EDUCATIONAL SERVICES USES; UPDATING THE MASTER PLAN; AND RESCINDING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT; ON 7.99+/- ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF 11TH STREET NORTH, JUST SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240005475] Page 299 of 301 Project • L� Ise / I E Ll I OWN I All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to March 20, 2025. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) 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 (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 300 of 301 Collier County Planning Commission Joseph K. Schmitt, Chairman Page 301 of 301