Ordinance 90-037 ORDINANCE 90- 37
ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE ZONING REGULATIONS FOR THE
NCORPORATED AREA OF COLLIER COUNTY, FI~RXDA ~Y
~ THE OFFICIAL ZONING ATLAS MAP NUMBER ~
25-2; BY CHANGING THE ZONING CLASSIFICATION OF~
HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO '~
D" PLANNED UNIT DEVELOPMENT KNOWN AS ARBOR LAK~
FOR AFFORDABLE HOUSING ON PROPERTY L~CATED ON
E WEST SIDE OF OLD U.S. 41 (C.R. 887)
~PPROXIMATELY 660 FEET DUE SOUTH OF THE NORTH ~
SECTION LINE OF SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 22.36~ ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
WNEREAS, Harvey Strauss of Alpha Engineering of Lee
County, Inc., representing John D. Jassy, petitioned the
Board of County Com~dsstoners to change th~ ,'oning
classification o~ the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
property :located tn Section 10, Township 48 South, Range 25
East , Collier County, Florida,is changed from A-2 to
Planned Unit Development in accordance with the PUD document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map Number 48-25-2, as described in Ordinance NUmber 82-2, is
hereby amended accordingly.
This Ordinance shall become effective upon receipt of
>' ' notice from the Secretary of State that this Ordinance has
~ been filed with the Secretary of State.
:~. DATE: May 15, ~990 BOARD OF COUNTY COMMISSIONERS
h.. COLLIER COUNTY, FLORIDA
· ATTEST: ' ' '.~ BY:
. 'JAMES C. GkLES., CLERK ~L~X~:~ASSE, ~R., C~AIRM~
K/~.~.RO.V, ED AS.'TO FORM AND LEGAL SUFFICIENCY .,. ~51~-~Q~of.S~,i,I
MARJO~/E M. STUDENT
ASSISTANT COUNTY ATTORNEY
R-90-§ PUD ORDINANCE
,., nb/2637
ARBOR LA~E CLUB
AN AFFORDABLE HOUSING DEVELOPMENT
PLANNED UNIT DEVELOPHENT DOCUHENT
PREPARED BY: HARVEY STRAUSS. P.E.
AI,PHA ENGINEERING OF LEE COUNTY. INC.
2665 Cleveland Avenue. Suite 203
Fort Myers. FL 33901
(813} 332-4444
PLANNER: Stephanle Keyes, A1CP, Inc.
1534 Hendry Street, Suite 202
Fort Myers, Florida 33901
: (813) 334-1813
Exhibit "A"
'~. TABLE OF CONTENTS
SECTION I, Statement of Compliance. ; ~ 'D; ~ i ii;nj .... 1
SECTION II, Property Ownership & Oen r I s r p
~' 2.01 Introduction and Purpose .............. 1
2.02 Name ........................ 2
2.03 Legal Description ................. 2
2.04 Title to Property ........ - , , , - - - · 2
2.06 Site Development Plan p r v 1 o e s ...... 3
SECTION Ill, Project Development ............... 3
3.01 Purpose ...................... 3
" 3.02 Oeneral Plan of Development ............ 3
:' 3.03 Wetlands ........ 3
.; &llti '' i .....
; SECTION IV, Land Use a o ..... 4
,, 4.01 Purpose ...................... 4
~i,: 4.02 Project Plan and Land Use ............. 4
4.03 Project Density .................. 4
4.04 Sequence and Scheduling .............. 4
4.05 Re~raational Faoilitiss ind Sahedule ........ 4
,:. SECTION V, Clubhouse ............... 5
5.01 Purpose ...................... 5
5.02 Permitted Uses and Structures ........... 5
SECTION VI~, Wetlands, Transitional Areas,
Lake and Mitigation Area ...... 6
6.01 Purpose ...................... 6
{:. 6.02 Function ...................... 6
6.03 Permitted Uses and Structures ........... 7
6.04 Regulations,. ................... 7
SECTION VII, Detached, Cjustered Multi-Family ........ 7
;' 7.01 Purpose ............ · · ........ 7
· 7.02 Maximum Dwelling Units .... ' 7
7.03 Permitted Uses and Structures
8
~i. 7.04 Regulations 8
" SECTION VIII, General Development Commitments ........ 10
8.01 Purpose ......................
8.02 PUD Mastsr Development Plan ............
~,.. 8.03 Clearing, Oradlng, Earthwork and Site Drainage. . . 11
i:.:. 8.04 Utilities ..................... 11
8.05 Solid Waste Disposal ................ 12
~" 8.06 Recreational Facilities .............. 12
8.07 Traffic Improvements ................ 12
8.08 Streets ............ 13
s.o9 Polling laces.. ii:. :::.
8.10 Environmental ................... 13
,~, 8.11 Water Management and Engineering .......... 14
8.12 Fire Protection .................. 15
~:., 8.13 Affordable Housing Agreement ............ 16
i" 8.14 Commencement o~ Construction ............ 16
t~' ATTACHMENTS
"1" Statement of Unified Control
"2" Agreement Authorizinq Affordable Housing Density
Bonus And Imposing Covenants and Restrictions
On Real Property
r: "3" Arbor Lake Club Development Master Plan
· '4" Arbor Lake Club Details
g3'8,, 354
SECTION I
~TATEMENT OF COMPLIANCE
~' °~ ?hi! development o~ approximately 22.36 acres o~ property in
"' Section 10, Township 48 South, Range 25 East, Collier County,
· Florida, as a Planned Unit Development to be known as ARBOR LAKE
CLUB, an affordable housing development, will comply with the
planning and development objectives of Collier County as set ~orth
in the Growth Management Plan (GNP). The residential aspects
the development,together with the associated recreational
facilities, will be consistent with the growth policies and land
development regulations o~ the GMP tot the following reasons:
A. The Planning Services staff has reviewe~ this request
· consistency with the GMP and provided the tollowinq analysis:
:" The subject property is located within the Urban Residential
Designation as indicated in the GMP's Future Land Us~ Element
" (FLUE) and Future Land Use Map. More specifically, the site
~, is within the Urban-Mlx~d Use Dlstr[ct which p.rm~ts a variety
'~ o~ residential devetopment subject to compt[ance
specified criteria. The Petitioner proposes to develop 246
mu[ti-~amtiy atfordabie housing untts on 22.36 acres tot a
density o~ 1~ un,ts/acre. The proposed project ls permitted
a base density ot ~our (4) residential dwelling units per
~ gross acre. Since the proposed project is located w/thin the
~ Traffic Congestion Area, one (1) unit per gross acre is
subtracted from the base density. In addition, since the
proposed project is for atfordab[e housing, the project is
permitted an additional eight (8) units per gross acre.
Therefore, the Density Rating System permlts the proposed
project a total o~ 11 unit. s/acre.
Based upon the above analysis, this project is touno to be in
compliance w]tt] the FLUE ot toe GNP. In a~o]tlon, ]n oroer
to quali~y ~or the bonus denslty, this project shall be
developed entirely with affordable housing units and all
phases ot the project shall be subject to compliance with the
Concurrency Management System developed tot the Adequate
Public Facilities Ordinance that was adopted by the Board of
County Commissioners at 1ts meeting on March 2], 1990.
SECTION II
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
2.01 INTRODUCTION AND PURPOSE
]t ~S the intent ot the owner to estab].ish ann develop a Planned
side of Business 41, approximately 1 mile east ot US 41. It ia the
purpose ot this document to provide the resulted detail and data
concerning the development of the property. Twenty percent (20%)
of the total units or fifty (50) units on complete development
shall be occupied hy low-income families. I, ow-~ncome tam~lles are
defined as one (1) or more persons or a family, the total adjusted
household income of which is within a ranae from bi-SO percent,
inclusive et the median annual adjusted qross income, as published
annuall7 by the US Department of Housinq and Urban Development
households within the Naples Metropolitan Statistical Area. ?wenty
percent (20%) of the total units or fifty (bO) units on complete
development shall be occupied by moderate income families.
Moderate income families are defined a~ nne or more persons or a
[amily, the tots| sdiusted household Income et which ts within the
ranqe from 81-120 percent, inclusive et the median annual adjusted
gross income, as published annually by the US Dep~rtment of Housinq
and Urban Development for households within the Naples Metropolitan
Statistical Area.
The owner shall rent the "affordable un, ts" to low- and moderate-
income families at a rent not to exceed thirty percent (30%) et the
family's total monthly ~ncome. The total monthly income is
calculated: by dividing the total annual gross incom~ of the family
by twelve (17).
The owner shall show his willingness to develop the affordable
un%ts by entering Into an Agreement w~th the County that in
exchange for the bonus density, he will keep the number of
affordable units, as enumerated above, occupied by low- and
moderate-income tam, lies for a period n~ fifteen (lb] years from
the date he receLves a "Certificate et Occupancy"
2. O2 N.AME
The development shall be known a~ ARBOR I,AKE ti,tlR.
2.03 LEGAL DESCRIPT~.ON
The North 300 feet .of the North ]~2 et the North ]/2 o~ the
Southwest 1/4 o~ the Northeast 1/4 et Section ].0, Township 48
South, Range 25 East, Collier County, Florida, lying West o~ the
Tamismi Trail (County Road ~887) and a~so the South f/2 o~ the
North 1/2 of the Northeast 1/4 lying West o~ Old U.S. 4] In Section
10, Township 48 South, Range 25 East, Collier County, Florida.
2.04 TITLE TO. ~ROPERTY
The property is owned by John D. Jassy, Trustee. Although this
property is in the name of John D. Jassy, Trustee, he holds this
property personally and there are no other owners. A Statement nt
attached statement shall be ~dent~:~ed as Attachment "1"
2.05 (3ENERAL .DJ~SC.~. ~P.T.[ON
{~i The property is located in Section 10, Township 48 South, Range 25
East, Collier County, Florida. Traveling south on Old Tamlami
';r.~ Trail (Old U.S. 41 which is also known as County Road ~88'/), the
~., northern boundary of the property is located approximately 660~
,<~ feet south of the Lee County Line which fronts on the west side of
Old Tamiami Trail and continues for a distance of 1128~ feet to the
south boundary of the property. This parcel contains 22.36~ acres.
The current zoning of this property is A-2-vacant. Adjacent zoning
to the north of the property is A-2-vacant, to the east across
Tamiami Trail, ~s Industriai-lndustr~a[ and light industrial lan~
uses, to the south .is A-2-v~cant., ~nd to the west ~s Cypress Head
PUD-planned tot 200 s~ngle-tami[y units and 540 mu[ti-t~m~ly units
and ~F- 6-vacant.
2.06 SITE D.EVELOPMENT PLAN APPROVAL PROCESS
Site Development Plan approval, w~n ~aulre~, shall to[iow th~
procedures as o~t]ined In Section ]0.b o~ the Zon~na Or~lnance.
SECTION I I I
PROJECT DEVEI,OPMEN'P
3,0]. PURPO.SE
The purpose of this section is to generally ~escr]b, th~ pro3ect
plan of development and delineate t~e aenerat conditions t~at wlli
.'..'. apply to the entire project.
~:.,3.02 GENERAL PLAN OF DEVELOPMENT
~,] 7, ; ......
The general plan o~ development ot ARBOR [.AK~ CLUB Is tot a planned
residential , mult]-tam]ly, artordabJe not]s3nq cn~t~n]ty.
.~ residentia[ co,unity will be comprised ot certain amenities such
,~:~ aa ewi~in~ pool, cltlbhouse, tennt~ court Iopt]onaJ), and preserve
:~?' areas (protected wet[ands) lot passive recreational opportunities.
~:~.
: 3.03
The applicant recognizes the Importance or the wet]an~ areas. The
app~icant a~so recognizes the importance of setting asl~ an~ not
developing those areas and other areas w~lc~ are env~rnnmental [~
sensitive. The app[icant has utilized the best en~neer) ng,
environmental and p]ann~n~ techniques to Integrate the needs o~ the
future residents of the co~unl ty an~ the public Interest
planning its careful and limited use ot environmentally
': SECTION IV
L~iD USE 2~iD REGULATION
4.0~
The purpose of this section is to set forth the land use and
regulations for development of the property identified on the
master plan.
The proJeot plan, including land use, is iljustrated on the
Development/Master Plan. Included is a schedule of the intended
land use types with approximate acreages and maximum dwelling units
indXcated. Each parcel planned for development shall be subject
to Section 10.5 o! the Zoning Ordinance.
The total acreage of ARBOR LAKE CLUB is approximately 22.36 acres.
The maximum number of dwelling units to be built on the total
acreage is 246. The number of dwelling units per gross acre is
11. The density on any parcel fractions throughout the project
will vary according to the type of housing employed on each parcel
fraction. :
4.04 SEQU~NCE_~ND SCHEDULING
t~.'. The applicant has not set "stages" ~or the development o~ the
"9=operty; however, it is estimated that total buildout will take
approximately three years. Each phase will consist o~
approximately 82 units totalling three phases. The estimate may,
of course, change depending upon ~uture economic ~actors.
The ~o]lowing recreationa~ ~aci~ities are scheduled to be
constructed ~or the use o~ the residents o~ ARBOR LAKE CLUB. The
schedule for development o~ the ~aci~ities re,ares to the
absorption schedule of the project towards bui~dout.
1. C~ubhouse with swiping pool, lounging deck and tennis court
(optional) (1.07 acres).
2. Passive recreational uses o~ wetlands and transitiona~ areas
(Preservation 6.48 acres minimum).*
3. Mitigation areas (1.47 acres).*(additional wet,ands)
4. Florida Power and Light Easement (2.20 acres).
~ Sub~ect to receipt ot necessary environmental and other
permits and approvals ~rom applicable governmental agencies.
4
ARBOR LAKE CLUB
LAND.~.~CHEDULE
?~"h~ '*' One Bedroom A~artments 123
TWP Bedroo~ A~artments 123
Total 246
Residential 1~,0~ Acres
Clubhouse, pool, & ~ennis court {optional) ~.07 ~cres ..
~i~.n & ~andscapin~ 0,13 Acres
Wetlands and tran~titional Preserve Area 6.48 Acres
Hiti~ation area 1.47 Acres
FPL Easement * 2.20 Acres
Total 2~.36 Acres
i,~FP~ Eaaement Area also conta~n~ Wetland, Impact & M~t3~t]on'.
SECTION V
CLUBHOUSE
The purpose of this section is to set ~orth recu~at~ons for t~e
area desz~nated on Exhibit "D" Development Plan, ss C~ubhouse with
Tennis and Pool area located within the residential area as shown
on the Development/M~ter P~an.
~:~ 5,02 PERM!T~D.U.SES AND STRUCTURES
No building or structure, or ~art thereo~, may be erected, altered
or used, or land or water used, in whole or in ~art, tot other than
the followinq:
A. Permitted principal Uses and Structures
1. Clubhouse
2. Swimming Pool
3. T~nnis Court (op%ional) ~:.
4. Water Management Facilities
Permitted ~ce~gty,,Ua~a a~,,~ttuct~tea "~'
1, Meetings, part£es and other customary u:~es ot clubhouses
or other recreational facilities.
2. Swin~ninq pool and other types ot ~aczl~t~es intended for
recreation.
3. Tennis court (optional) intended for recreation.
Gen~ral...Requirements
1. Overall site design shall be harmonious in terms
landscaping,enclosure of structures, location o~ access
streets and parkin~ areas and location and treatment
buffer areas.
2, Recreational buildin~s shall be located a minimum
fifty (50) ~eet from any residential building and a
minimum of twenty tire (25) feet ~rom any property
boundary. The area around this recreations! area shall
be landscaped and maintained to act as a butter zone,
3, Lighting tacilitle, shall be arranged in a manner which
will protect roadways and neiqhborin~ residences ~rom
~irect glare or interterence.
Thirty five (35) feet above the finished grade of the lot.
0ft-.Street...Parking
The off-street parking will be as re~ulred by the Zoning
Ordinance of Collier County and/or the Planning Services
Manager at the time o~ Site Development Plan approval.
O~-Street Parking Landscaping
Landscapinq shall be provide~ as required by tSe zoning
ordinance of Collier County.
SECTION Vt
.' WETLANDS, TRANSITIONAL AREAS, LAKE AND MITIGATION ARF. A
6.01 PURPOSE
Purpose o~ this ~ect~on ~s to set forth the function treatment an~ .
rise ot the wetlands, trans~tion ar~as, lake ~nd mltiqatton area as
i~..,~:., shown on the Development/Master Plan.
6.02 FUNCTION
The primary function shall be the Drenervat~on o~ an attractive
resource co--unity, wildlife habitat, and sanctuary, retention
water during rainy seasons and a Ormmd rPcharoe ar~a
unique recreational opportllnltles and an aesthetic exPerlenc~
the pleasure ot the pro~ec~ res~aents.
't~,:, ..~.,No build£ng or structure, or part thareo~, may bo ereoted,
',. or used, or land or water used, in whole or in part. tot other than
the following:
1. ~ature trails
2. Paths to provide access from the uplands through the area
Wate~ Management [acilities
4. Other facilities tot recreation, conservation and
preservation when approved by Project Review Services.
B. PERMITTED ACCESSORY USE~ A~D STRUCTURES
Accessory use~ ~nd structures customarily as~oclated with the
uses permitted in this district upon approva! by Plannin~
Services and Project Review Services.
6.04 REGULATIONS
~<(' A, 0enera~
1. All development includ~ clearing, ~ra~lno. and/~r ~t~er
~arthwork shall be in accordance with the commitments o~
this document and approved by Project Review Services.
2 All structures or other development shat[ be subiect to
receipt ut necessary permits and authorizations from
applicable County, State and Federa! Governmental
aqencies.
SECT]ON VI !
DETACHED, CjustF. RED MULTI-FAMILY
,. 7.01 P.U.~.POSE..
The purpose of this section is to set forth the renu]at~ons ~or the
buildings containing one bedroom and two bedroom apartments and the
immediate area upon which the buildings are located.
i 7.02 ~AXIMUH. DHE[~LIHo UNITS
A maximum of 246 dwelling unlts will be constructed on this
project.
7
1. Detached multi-family buildings containing, as a maximum,
24 dwelling units (apartments) each, or minimally
cjustered, attached buildings.
2. Water management facilities.
3. Open spaces and related recreations! facilities.
4. Signs as permitted by the Collier County Sign Ordinance
i:: (Reference: Ordinance Number 89-60).
~' B. ~.r~.~eg A__c~qs~orY Use~.ag~ Structures
1. Customary accessory uses and structures.
i 2. Model apartments in conjunction with promotion o~ the
~:.'.' development for a period not to exceed three years from
the initial use as models. The max[mum number ot model
un, ts wiJJ be four.
.:~ 3. ~enta] management and ]easing ~actl~t~es (w~thln an
apartment) for the continua] rental o~ the apartments.
~?~ 4 The Clubhouse to be used as rental/management *0t~]ce tn
~ be phased out when all units are rented.
· . ?.04 ~EG~LATION. S
'~ The ouera]! site plan design sha]! be harmonious ~n terms
!andscaping and enclosure o~ structures, !ocat~on ot access
streets and parkin~ areas and !ocation an~ treatment ot bu~er
~* areas,
b~hting Facilities
Lighting fac]/ities wll] be arranged in a manner
protect roadways and neighboring properties trom direct, glare
or other interference.
C. Ma.xim.um Height
Three (3) living floors.
D. Mi~,pum Yard**Reggirements (Project)
1. Depth of front yard - Thirty (30] ~eet plus one {]) ~oot
for each two (2) feet ot building height over thirty (3U)
feet.
!¥. 2. Depth of side yard Fifteen (15) t~,t plu~: ~nr, I I I tonl
leer.
,;~<:.~ 3. Depth of rear yard - Thirty (30) feet plus one (1) toot
for each two (2) feet of building height over thirty (30)
feet.
E. Pin~,&P~ ~twegn .Str,u~.t~res
~. Between any two (2) principal structures on the same lot -
fifteen (15) feet or a distance equa! to one-halt (1/2) the
sum of their heights, whichever is the greater.
F. ~iD.~um ~1.oo? Ar~a
Principal use structure, where identified in Section 7.03
shall be as follows:
1. One bedroom units shall have a m~n%mum tiger area et 450
, square feet and a maximum tiger area et 650 square teet.
:{~ 2 Two bedroom units shall have a minlmum tiger area o~ 650
square feet and a maximum floor area et 900 square teet.
1. One bedroom units shall have ].b spaces per unit,
~. Two bedroom unlts shall have two spaces per un].t.
:"" H. Qf~-~tr~it..~r.ki.~g Landscaping
,: Landscaping shall be provided as requ~re~ by the Zoning
Ordinance of Collier County in eftect at the time et Site
Development Plan approval.
~i" I. Buffer Area
? A landscaped butter shall be provided adTacent to the proj.ct
?, boundary. The design of the butter shall meet th. standards
of the Zoning Ordinance in ettect at the t, lme et Site
Development Plan approval. The butter shall incorporate
existing vegetation.
J. M.inimum.Lot Are.~ Requirement
i~.: Five (5) Acres.
i~!!'~' K. Mi. nimum .~ot Widt.h
One hundred and fifty (150) feet as measured at the trent yard
building line setback.
L. ~iD~m~ Yard RgguiAements.(Lot)
(Note: A lot side frontin~ on a driveway shall be considered
as a front yard and the front yard depth shall be measured
from the building to the edge et the driveway pavement.)
1. Depth of front yard - Thirty (30) teet plus one (£) toot
tor each two (?) teet ot nulldino h~l~nt nv,,r tNlrtv (:{0)
2. Depth of aide yard - Fifteen (15) feet plus one (1) foot
for each two (2) feet of building height over thirty (30)
feet.
3. Depth of rear yard - Thirty (30) feet plus one (1) foot
for each two (2) feet of building height over thirty
feet.
SEC?ION
GENERAL DEVELOPMENT COMMITI4ENTS
8.01 ~.UR~QSE
The purpose ot this section is to set torth the standards for
development of the project.
~8~02 F~_.~g~_DEVELOPMENT PLAN
A. The ~UD Development/Master Plan ]ljustrate~ a preliminary
development plan.
B. The design, criteria and lay-out ~l]ustrate~ on the
Development/Master Plan shall be understood as flexible so
that the tinal design may comply with all applicable
requirements and best utilize the existing natural resources.
C. All necessary easements, dedicatJons or other lnntruments
shal! be executed or granted to Insure the continued operation
and maintenance of all service utilities.
D. Minor design changes to the PUD Development/Master Plan which
are in the spirit o~ this document are p-rm]tte~ ~nbject to
start review and approva~ . Start shall review any proposed
change for compliance with this PUD document, compliance with
the general intent o~ the Master Plan, compatibility w~th
surrounding uses, and maintenance ot the preservat:nn areas.
E. Overall site design shall be harmonious In terms
landscaping and enclosure of structures, locatlnn or all
improved facilities and location and treatment ot Putter
areas. Signage to be determined as part ot tlnal design
approval process.
F. Any lake excavation shall be done ]n tull compliance with
~' Ordinance Number 88-26 and South Florida Hater Management
District rules. The m~nimum lake size and nepths wit[ be
determined by th~ above.
10
G~!~g,..gaADING, EARTHWOR~.AND SITE DRAINAGE
All clearing, grading, ,arthwork and site drainage shall be
pertormad in accordance with all applicable state and local codes.
Environmentally sensitive areas and protected plant species will
be carefully marked and protected during construct]on using the
best available n~anaqement techniques so as not to harm any such
areas or plants.
A. Wat.er.~p~ Sewer
1. Water distribution, sewage collect]on and transmission
and interim water and/or sewage treatment tacxlxt%es to
serve the project are to be designed, constr%lcted,
conveyed, owned and maintained tn accordance with Co[tier
County Ordinance Number 88-7~, as amended, and other
applicable County rules and regulations.
2. All customers connecting to the water distribution and
sewage cot[action ~acilities to be constructed wi[J be
customers of the County and will be b]lled by the County
in accordance with the County's estabi,shed rates.
Should the County not be in a position to provide water
and/or sewer service to the project, the water and/or
sewer customers shall be customers of the ]nterlm utility
established to serve the project until the County's et[-
site water and/or sewer facilities are avaIlable to serve
the project.
3. It is anticipated that the County Util~tle~ D]vls~on will
ultimately supply potable water to meet, the consumptive
deman~ and/or receive and treat the ~ewn~e oonerate~ by
this project. Should the County syst-m not
receive t~e pro3ect's was[awn[er ~t ~e time ¢~velopm~nt
commences, t~e Developer, at his expense will %ns[all and
operate ]nter%m water supply and on-site treatment
~acll]t]es and/or ~nterlm on-s%te sewage treatment and
disposal facilities adequate to meet all requirements
the appropriate regulatory agencies. An agreement shal!
be entered into between the County and the Developer,
binding on the Developer, his assigns or successors
regarding any ~nterlm treatment tact[lt.[es to be
utilized. The agreement must be le~aJly su~t]c]ent to
the County, prior to the approval et construction
documents ~or the project and be ]n conformance with the
requirements et Collier County Ordinance Number 88-76,
as amended.
~'~ 4. If an interim on-site water supply, treatment and
?~,~ transmission facility is utilized to serve the pro~ect,
it mu~t be properly ~ixed to ~upply nveraqe peak day
domestic demand, in addition to lire flow demand at
' rate approved by the appropriate Fire Control District
serv'tcing the project area.
5. The applicant shall extend the ~orce main and water main,
~: presently terminated at Landmark Estates Mobile Home
i: Park, up to the project within Old 41 right-of-way. The
size and location shall be coordinated with the County
Utilities Division. The developer shall coordinate the
sizing, locations, and method of funding et these
site utilities faciJities with the Utilities Division
prior to submission o~ construction documents for this
project.
Necessary arrangements and agreements shall be made with an
approved solid waste disposal service to provide for solid waste
collection service to all areas et the project.
8.06 ~E~REATIONA~_FACI.LITI. ES
The nature trails, picnic area, clubhouse, swimmin~ pool and tennis
court (optional), and facilities, and any access thereto, shall be
maintained by the Owner or his assignee.
8.07 T~F~IC ~.pROVEMENTS
A. The developer shal] provide ]e~t and rlqht turn lanes on CR
;~[ 887 at the main project entrance.
B. The developer shall provide after]a! level street I]ant~n~ at
the project's main entrance. [ts operating and maintenance
costs shall be borne by the project.
I .... C. The developer ~hali be obligated to a fair-share payment
~' toward a future bike path on Old 41 when sa~d bihe path
'" project is initiated by Collier County.
D. The Road Impact Fee shall be as set forth ~n Ordinance Number
85-55, or as it may be amended, and shal{ be pa].d at the time
building permits are issued unless otherwise approved by the
~!~. Board of County Commissioners.
~ E. Access improvements are not subject to ]mpact tee credits and
shai! be in place before any certificates et occupancy are
": issued
i~i.: F. All traffic control devices used, excluding street name signs,
" shall conform with the M~nu~.~ on Un~form. Tra~fic Control
Day. ices as required by Chapter 316.0747, Florida Statues.
G. In consideration of pending implementation of Growth
Management Regulations and the potential of adJacant roadways
not conforming to appropriate service level standards due to
the rate of increase of traffic volumes versus scheduled/
!'";' funded roadway capacity improvements, the applicant should be
advised that future land development activities in the area
may be subject to future ]and use controls consistent with the
i~ above regulations.
8.08
The streets within the project may be privately owned and
maintained.
. ' Polling places shall be permitted and provlded for as deemed
appropriate by the Supervisor of Elections, in accordance with
Section 9.11 of the Zoning Ordinance.
10 gNVIEONMENTAL
A. Petitioner sha]! comply with Ordinance Number 82-2 as amended
by Ordinance Number. 89-57 (Use of Native Species in
Landscaping).
B, Petitioner shall comply with OrOznance Numb.r '/5-2] as amended
by Ordinance Number 89-58 {Preservation o~ Native Hab~,tat
i!{ Tree Removal Permit}
C. Petitioner shall comply with Ordinance Number H2-3'/ as
iii': by Ordinance Number 89-53 [Remnvol et Exotic Spe~]es}.
~.. D. Petitioner shall be s%~bject to the Collier
Comprehensive Plan, Conservatlon and Coastal Management
Element, Policy 12.1.3 (discovery et an archaeolog~ca! or
historica! s*te, artifact or other lnd~cator et preservation},
E, Prior to the final construction plans and plat and/or Final
Site Development Plan approval , petitioner sha]! obtain and
?i submit to Project Rev~.w S,-rv]~:.n docume~ntat~on et all
necessary local, state and federal permits.
F, In the event protected species nests or burrows are
encountered during development activitY, es, the Collier County
warranted (Col I:er County Compr,honslvo Plan, Conn(,rvntion
Coastal Manaqement Element,, Policy 7.3.4).
Protected plant species includinq scrub blazing star (Liatris
· SRP,.) and those sighted during development act].vit~e~ shall
be protected ~rom injury or relocated on szte, preterable to
preserve or landscape areas. The existing locations as well
as the transplanting locations shall be identified on the Site
Clearing Plans.
H. Ali conservation/preservation areas shall be depicted on the
final recorded plat by survey and dedicated with protective
convents to maintain the area(s) in their natural pre-
development state.
I. Along the eastern boundary of the wetland, Pet. it. loner shall
retain at least a 15 foot naturally vegetated but~er [andward
from the edge ot the wetland in all places. Along the
northern, western and southern boundaries ot the wetland, an
abatement berm system shall be constructed along the landward
edge of the wetland and revegetated in al! places (Collier
County Comprehensiue Plan, Conservation and Coasta! Management
Element, Objective 6.2 and associated po]icles).
J, Quantitative criteria for mitigation snail De based on the
results of final field determinations ma~e ny the South
Environmental Start at the time ot construction plans and plat
and/or S~te Development Plan approval. Compensation proposals
sha~l provide reasonable assurance that resource impacts will
be o~fset.
]. Mitigation plans proposed in wet. lands to b~ preserved,
restored, enhanced anal! include a statement lndicatzng
why no other reasonable options tn ]mpact~n~
jurisdictional wetlands are available a description
'
area (location and s~ze), vegetation propose~ tn be
plante~, source ot veqet, at~on (transplantation trnm
lmpacted areas pre~erred), hydrologic regime, exotic
vegetation removal, monitoring and maintenance plan.
2. Mitigation proposed in upland areas snail emphasize
establishment o£ habitat value. Vegetation retained and
supplemented sha]! locus on wi[dls~e value and
establishment o[ native vegetative "con~nunitles"
K. Petitioner shal~ be subject to al] Collier County
Environmental Ordinances in ettect at commencement
construction.
8.11 WATER.MANAGEMENT AND ENGINEERING
shall be stlbm]tted tn ProTect Review :;Pry]cea tor review. No
construction permits shall be issued unless and tlnttl approval
piano ls q~:nnted by Pro]ecl Rev],-w S~rv~nes.
~'.
· B, Design and construotion et a]l improvements shall be subJeot
%o compliance with the appropriate provisions o~ the Collier
County Subdivision Regulations.
C. If applicable, an Excavation Permit wilt be required for the
proposed lake(a) in accordance with Collier County Ordinance
Number 88-26 and SFWMD rules.
D. Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or parcels are
to be sold.
E, Work within Collier County rtqht-of-way shall meet the
requirements of Collier County riqht-ot-way Ordinance Number
82-91.
F. All requirements of subdivision ordinance must be met since
~'" no variances were requested.
O. Access into each tract as shown on the master plan
informational only. Location and number ts subject to
Subdi~ision Master P[an or SDP approval.
H. This project [s approved ~or rezon~nq purposes
Subdivision Master P]an and/or SDP shall be submitted and
approved at a later date.
~. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40, th~s
project shall be designed for a ~torm ~vent o£ 3-day duration
and 2S-year return frequency.
J.A copy of SFWMD Permit or Early Wor~ Permit ~!~ requlred prlor
to construction plan approval.
~' K. Prior to final construct~ on ol~n ~pprova I . prov~e
documentation from Florida Power & Light atlowtn~ this project
to utilize the'ditch within their easement as the project
!~. L. Pursuant to SFWMD rule~, provide a 0.5 inc~ et dry pre-
..:: %re&tment prto~ to discha~qe into the wet[and p~eserve
M. Prior to Site Development Plan approval, the petltioner shall
provide the County with a letter [rom ~[Orlda Power and blqht
authorizing the Petitioner to construct a driveway[s) throuqh
the Florida Power and biqht Easement
8.12 FIRE PROTECT]ON
for tire [iqht[ng purposes shall De identified for this
project.
8~13 AFFORDABLE HOUSING AGREEMENT
~.i-,' A. The Arbor Lake Club project shall be operated in accordance
with the terms of an executed Affordable Housin~ Agreement
~' between the project owner and the Collier County Board o5
County Commissioners. The Affordable Housing AGreement is
attached aa Attachment "2" and is further kn(~wn as "A~reement
Authorit~r,~ A~[ordab[e }{ousinq Density Bonus And lmposinq
Covenants And Restrictions On Real Property."
8.14 COMMENCEMENT.OF qONSTRUCTION
A. Construction o[ this project shat[ beqin within tire years ot
the date of approval ot this pet~t[on. Furthermore, tt
construction o[ this project does not beqin within rive years,
the Planned Unit Development (PUD) zon~n~ for this Detxtlon
shat[ be brouqht back before the Board ot County Commlssloners
for review.
IZ38,, 369
I~?ATENEN? OP UNIFIED CONTROL
RKl 22.,3606 ACRKB OLD U..~, 41
'The sb~ve referenced property that I purchased to develop ~or attordable
housing was acquired personally in two separate parcels; 17 plus
~nus acres from h.W. Mayhood on 8/11/89 and 5 plus or minus acres [rom
~im Dahl & Associates Inc. Trustee on 8/21~89.
Although they are in the name of John Jassy Trustee, I hold them
personally and there are no other owners.
:" , JASSY DATE
JOHi , TRUSTEE / /DATE
OP FLORIDA
INTY OF LEE
Be'~0re me personally appeared John Jass~ to me will known and known
"me to be the perso, described i~ a.d who executed the
nent. ~nd ncknowl.oqe to nnd before me thai ~e executeU said
i~St'rUmmnt tot the purposes therein expressed.
wi~TNEss hand and o~icia'l seal, this day o~ May, 1990.
: : ~ IC
.%~ . .
.
/?!,' Attachment "1"
'" BOOK
?t~383 I. ~ la01~ 22 ~? D0 1530 00167
Ds. SITY BO.US ~D I~OSI.G COVS.~TS ~D
~O RE~TRIC~ZO.S o. ~L ~RO~RTY
~ , 1990, by and ~tween John Jassy, Trustee (the
"Developer") and the Collier County Board of County Co~imsloners
(~ "Co~ission").
RECITALS:
A. The Developer is the o~er of certain unimproved
· ~: real property more particularly describ~d in E~ibit A attached
~ hereto and made a part hereof (the "Property") and it is the
Developer'S intent to construct a maximum of 246 residential units
(the "Units") on the property.
B. In order to construct the Units, the Developer must
~... obtain a density bonus from Collier County (the "County") for the
Property as provided for in the Collier County Zoning Ordinance,
~ Section 7.27, ~ (6) which density bonus can only be granted by the
County in accordance with the strict limitations of said ordinance.
C. The County is willing to grant a density ~nus to
~e Developer authorizing the construction of 246 units, if the
Developer will rent 20% of the units to families with incomes
~tween 51% and 80% of the Median Income (as dete~ined by the U.S.
Department of Housing and Urban Development) and 20% of the units
to families with incomes between 81% and 120% of the Median Income
· Attachment "2" ~i
(as determined by the U.S. Department of Mousing and Urban
Development) at rents not to exceed 30% of the families' income
pursuant to the terms, covenants, and conditions contained herein.
NOW, THEREFORE, in consideration of the approval and ~o-.c~
granting of the density bonus of 8 units per acre requested by the CD to
Developer and the benefits conferred thereby on the Property, and
for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the
Commission hereby covenant and agree as follows:
1. Reoitals. The above recitals are true and correct
and are incorporated herein by reference. _'O cD
~. Developer ~greements. The Developer hereby agrees~ ~
that it shall rent 20% of the Units to families, whose "Annual
Income~, as defined in 24 CFR Part 813.106 is between 51% and 80%
of the Median Income as determined by the U.S. Department of
Mousing and Urban Development, and shall rent 20% of the Units to
families whose Annual Income is between 81% and 120% of the Median
Income as determined by the U.S. Department of Housing and Urban
Development (the "Affordable Unit") in accordance with the terms
and conditions of this Agreement and the Arbor Lake Planned Unit
Development document. Ail other Units on the Property which are
not an Affordable Unit ("Market-Rate Units") shall be exempt from
the provisions of this Agreement and may be leased or rented by the
Developer on terms and conditions acceptable to the Developer in
its sole discretion.
a. The following provisions shall be applicable to the
Affordable Unit:
(i) The monthly rent for the Affordable Units
(which shall include any permitted prototypical adjustment) shall
not exceed 30% of the family monthly adjusted income. Adjusted
income is defined in 24 CFR, part 813.102.
(ii) For the purpome of this Agreement, the median
income of the area as defined by HUD shall be 'the then current
median income for the Naples Standard Metropolitan Statimtical
Area, established periodically by HUD and published in the Federal
Register, as adjusted for family size as shown on the Maximum cD
Income/affordable Rent Table attached hereto as Exhibit B which ~ ''
Exhibit shall be adjusted from time to time in accordance with any
adjustments that are authorized by HUD or any successor agency. In
the event that HUD ceases to publish an established median income
am aforesaid, the parties hereto shall mutually agree to another
reasonable and comparable method of computing adjustments in median
income.
(iii) The Affordable Units shall not be rented
to a tenant whose income has not been certified in accordance with
the income criteria set forth in this Agreement. Such
certification shall be performed by the Developer and is subject to
review and monitoring by the Collier County Housing and Urban
Improvement Department at any time. The Developer shall also
report annually the total number of Units rented, the number of
Affordable Units rented and the percentage of Affordable Units
~rented during the year. Tenant certification shall be repeated
annually to assure continued eligibility.
(iv) No Affordable Unit in any building or .truoture
on the Property shall be occupied by the Developer or any person ~ cD
related to or affiliated with the Developer and as a resident ~ cJ1
manager or maintenance personnel. ~ cD
3. Density Bonus. The Commission hereby agrees that
the Developer has met all required conditions to qualify for a
density bonus for the property and is therefore granted 8 density
bonus unit~, per acre, pursuant to Section 7.27, f. of the Zoning
Ordinance of Collier County, Florida, and that the Developer may cD
construct thereon, in the aggregate, a maximum number of 246 units O cD
on the Property in accordance with the Arbor Lake Club PUD and ~
applicable Collier County ordinances.
4. Commission ~gresment. During the term of this
Agreement, the Commission acting through the Housing and Urban
Improvement Department or it successor(s) covenants and agrees to
perform all of the following:
a. It shall 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.
b. It will prepare and approve on behalf of the
Developer an income certification form so that the Developer can
establish eligibility of any pot.ntial tenant of an Affordable
Unit. The Developer shall require any tenants of Affordable Units
,oo I)38,, 374
to execute said income certification form. Alternatively, the, .,~
Developer may require the Tenant to execute an affidavit verifying
the Tenant's income.
5. Enforcement.
a. Developer expressly agrees and declares that the ~o --
Commission or any public agency succeeding to Jurisdiction over the CD c~
Property and/or this Agreement, shall be the proper party and shall
have standing to initiate and pursue any and all action or
proceedings, at law or in equity, to enforce the provisions hereof
and/or to recover damages for any default hereunder,
notwithstanding the fact that such damages or the detriment arising cD
from such ~efault may have actually been suffered by some other~__CD
person or the public at large, tx1 ~
b. Remedies. The parties hereto agree that in the
event of a default hereunder, either party shall have the right to
bring an action against the defaulting party for specific
performance. In addition, the Commission shall have the right to
seek an injunction to prohibit the Developer from continuing any
breach of the terms contained herein.
6. Attorneys' Fees. In the event that the Commission
prevails in a court action against Developer to compel Developer's
performance of its duties under thi~ Agreement, the County shall be
entitled to recover from Developer reasonable attorneys' fees to be
fixed by the court.
7. Assignment by Commission. The Commission may assign
all or part of its obligations under this Agreement to any other
qualified public agency having Jurisdiction over the Property
:" provided that it gives the Developer thirty (30) days advance
written notice thereof. The Developer may assign all or part of
its. obligations under this Agreement to any successor in interest
to the Property.
.,..~. 8. Ssverability. In the event that any term, covenant,
or condition of this Agreement is held to bm invalid or
~' unenforceable, then the remaining portions of this Agreement shall
"" remain in full force and effect.
9. Notices. 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: Housing & Urban Improvement ~-~
Department
281 South Airport Road
Naples, Florida 33942
To the Developer: John Jassy
12734 Kenwood Lane, S.W.
~.~ suite 69
· : Fort Myers, Florida 33907
,~,,... with a copy to: Cummings & Lockwood
3001 Tamiami Trail North
Naples, Florida 33940
,:;!~.',. Any party may change the address to which notices are to be lent by
" notifying the other party of such new address in the manner set
forth above.
10. Director of Collier County Housing and Urban
I~provemsnt. The parties hereto acknowledge that the Director of
Collier County Housing and Urban Improvement or his/her designee
shall have the authority to monitor and enforce Developer's
~i~ obligations hereunder.
11. In~mmnify. The Developer agrees to indemnify and
hold the Collier County Board of County Commissioners, harmless
from and against all claims, losses, damages, costs, and expenses,
whether direct or indirect, arising in any way from the negligence
of Developer in performing or failing to perform its obligations
~" under this Agreement.
12. Covenants, Ire. The Developer ag=ese 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 permon then having an ownership
interest in the Property until this Agreement is terminated in
accordance with Section 15 below. However, the parties agree that
should Developer transfer or convey the Property to another person
or entity, Developer shall have no further obligations hereunder
and any person seeking to enforce the terms hereof shall look
solely to Developerts successor in interest for the performance of
said obligations.
13. Reoording. The parties hereto agree that this
Agreement shall be recorded in the Clerk's office of Collier
! .
County, Florida, subsequent to the recordation of the deed pursuant
to which the Developer acquires fee title to the Property.
14. 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.
15. Termination. This Agreement shall terminate upon
the earlier to occur of: (a) that date which is fifteen (15) years
from the issuance of a certificate of occupancy for the project or
phase of development, or (b) the date upon which both parties agree cD
in writing to terminate this Agreement.
16. Modification. This Agreement shall be modified or
amended only by the written agreement of ~oth parties.
17. Discrimination. The Developer agrees that neither
it nor its agents shall discriminate against any tenant or
potential tenant because of said persons' race, color, religion,
sex, national origin, familial status, or handicap. ~-~
18. Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida.
19. 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 this
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 15
above.
20. subsequent Laws. The parties agree that their
respective obligations hereunder shall not be modified by the terms
of any subsequently enacted affordable housing ordinance of Collier
County. Rather, the Developer is bound by the terms herein and the
provisions contained in the Arbor Lake Planned Unit Development
document.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day and year first above
written.
ATTES~.,%~ ,~. BOARD OF COUNTY COMMISSIONERS
J~.AMEg C.' ~LF~S, CLERK COLLIER COUNTY, FLORIDA
C' .' ,' '
~.'>~.. ¢. :. ..... q. ).,.' Cha tr=.an
Witnes / ' dtJ
Approved as to form and
: legal sufficiency:
..Kenneth' B. Cu~ A~tt
Count orney
STATE OF FLORIDA
COUNTY OF COLLIER
I hereby certify that on this day, before me, an officer
duly authort~.ed in the state aforesaid and tn the county aforesaid
to take acknowledgraonts, personally appeared Max A. l-Iasse~ ,Ir. ae
10
Chairman of the Collier County Board of County Commissioner..
WITNESS my hand and official seal in the county and state
aforesaid this CS~4. day of
I hereby certify that on this day, ~fore me, an officer
duly authorized in the state aforesai~ and
to take acknowled~ents, 9ersonally appeared John Jassy, Trustee.
~I~ESS my hand and official seal tn the county and stat~
aforesaid this [q~x day
P=Jassy
PREPARED: I-2-90 Pig)GRAM I PERS~ 2 PERS~ 3 ~ 4 PER~ ~ PERS~ I PERS~
drmJenton. FL (r '" -
FY 19~ HED~&N FAH~LY L~R INCOME 17~ 194~ 2~ 242~ 25~ 273~ ~ 30~
Dayto~ Belch. FL
Fort L~u~er~ale-~ll~-Pompa~ Beach. FL
ZNCOME: 3BB~ VE=Y L0v ]~E 13G~ 155~ · !~450 194~ 2~50 225~ 24~O
FV 1990 M~D]AN FAMZLY L~ER ]NCOME tB2~ 20e~ ~3~ 25~ 27650 29250 ~ 325~
;orr Pierce. FL
FY 19~O MEDIAN FAM]LY L~E~-iNCO~4E 18150 20;~0 223~ 25g~ 2T~. 2~150
]NC0t4E: 324~ VEgY L0~ ]~E t 1350 129~0 145~ 162~ t=~ ~8a~
Fort galto~ Beach. FL
~NCOME: 31B~ VERY L0U 1~ lllSO 12]~ 142~ 159~ lTt~ 18450
GalnesvI ~le. FL
rY 1990 M[O]INIFAM]LY L~ER I~O~E 178SO 20JCO 22950 2~ 271~ 287~ ~3~ 319~
'-
dacksonvt I!e. FL.
[NCOt~[:__ 33T~ vERY LOV 1~ ~18~ 135~ 15150 t6B~ IE2~ tgSSO ~ 222~
Lakela~-Vlnter ~n. FL
FY 1990 HEDIAN FAMILY L~ER INCOME 16150 18450 ~50 230~ 24~ 25950
XNCO~[: 281~ V[aY LOV ;~ 101~ 115~ 12950 144~ 155~ 167~ 17150
FY 19~ HEDIAN FANZLY LPER ZNCOH[ 195~ 223~ 2~50 2TO~ 29~ 31350-- 331~
]NCOM[: 341~ ~RY L0V ]K~ S22~ 13~ s~50 174~ fll~ 202~ , 2s~ 22~
FY 1990 KEOZAN FAMILY L~ER IKGOH[ 203~ 233~ -~2~ 2gt~ 3~ 32?50 34~ 364~
·. .... . ..... . ....
'(ETLAND PRESERYE AAI[A ~
' STATE OF FLORIDA )
i,..i COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
,"5. hereby certify that the foregoing is a true copy of:
Ordinance No. 90-37
:.i!'"'which was adopted by the Board of County Commissioners on
the 1§th day of May, 19~0, durtn~ Regular Session.
~Z,: .' WITNESS my hand and the official seal of the Board of
County. Commissioners of Collier County, Florida. this 22nd
'~'. day of May, 1990.
JAMES C. GILES
Clerk of Courts and Cler~.,,:,[~?.~..
Ex-officio to Board of ~,,' .... . "~
County Commissioners) 17 .
~'~ ?,
Deputy Clerk ' }, "
;' ""
.'.!. ,..