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Ordinance 2006-62 ORDINANCE NO. 06- 62 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICUL TURE (A) AND PLANNED UNIT DEVELOPMENT (PUD) AND FOR A PROJECT PREVIOUSLY KNOWN AS THE OUTDOOR RESORTS OF NAPLES A MOTORCOACH COUNTRY CLUB PUD, TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) FOR A PROJECT TO BE KNOWN AS THE SUMMIT LAKES RPUD, LOCATED ON IMMOKALEE ROAD (CR 849) APPROXIMATELY ONE-HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R. 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.3i: ACRES; AND PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-49, THE OUTDOOR RESORTS OF NAPLES A MOTORCOACH COUNTRY CLUB PUD, AND BY PROVIDING AN EFFECTIVE DATE. 7 . . -' c., ..._ ., WHEREAS, Dwight H. Nadeau, ofRWA, Inc., and Richard D. Yovanovich,ofGob4Iette, Coleman and Johnson, P.A., representing Waterways Joint Venture V, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property described in the RPUD Document located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) and Rural Agricultural (A) to Residential Planned Unit Development (RPUD) for a project known as the Summit Lakes RPUD in accordance with the Summit Lakes RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate Official Zoning Atlas Map or Maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 2000-49, known as The Outdoor Resorts of Naples a Motorcoach Country Club PUD, adopted on June 27,2000 by the Board of County Commissioners of Collier County, Florida, is her~by repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of 2 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this l?:th day of 0e~Jt.a.frer' ,2006. ATTEST: DWIGHTE.: ~~OCK, CLERK ./", ,j,:_..,. -~<'Mt . ~~4'~ i6la- , . -, , /,', Y;';lI,{l9.iiJIt" Clerk ~- -'f",'~ ,,,ij:' -to-. '~~A';.......;: Approved as to form and legal sufficiency ''1n r~ 1 I '7Jl, {j;tud.e-/J.f j)t.t1-.[t..,y~ Matj eM. Student-StIrlmg 0 Assistant County Attorney Attachment: Exhibit "A"-PUD document PUDZ-2003-AR -4988/KD/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, F~~ This ordinance filed with the Secretory of State's Office the 2..\ dayof ~.( 2t:a~ and acknowledgemen! oJ1that filin received this --2L- day of '( '7..cC:'::t 'l:c y Page 2 of 2 SUMMIT LAKES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING SUMMIT LAKES RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: W A TERW A YS JOINT VENTURE V 14627 COLLIER BOULEVARD NAPLES, FLORIDA 34120 PREPARED BY: J1WrA~c. CONSULTING ........ y ...L ..... 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and GOODLETTE COLEMAN & JOHNSON, P.A. 4001 T AMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DA TE REVIEWED BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 10/19/06 12/13/06 06-62 Exhibit "A" 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12- I 9-06 (cIean).doc TABLE OF CONTENTS List of Exhibits, Tables and Appendix Statement of Compliance Section I Property Ownership and Legal Description Section II Section III Section IV Section V Section VI 11 Project Development Requirements Residential Development Standards Recreation Area Preserve Area Development Commitments I-I II-I III-l IV-l V-I VI-l 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (cJean).doc LIST OF EXHIBITS. TABLES AND APPENDICES EXHIBIT "A" EXHIBIT "B" EXHIBIT "c" EXHIBIT "D" RPUD MASTER PLAN BOUNDARY SURVEY VICINITY MAP TYPICAL CROSS SECTIONS 0:\2003\030008.00.00 WatelWays at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12- I 9-06 (clean).doc STATEMENT OF COMPLIANCE The development of approximately 138.3 acres of property in Collier County, Florida as a residential planned unit development to be known as the Summit Lakes RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Summit Lakes RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Sub- district as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential development. The project will provide "workforce" and "gap" housing as set forth below and shall be implemented through the provisions of the Land Development Code (LDC) and the companion Agreement Authorizing Affordable-Workforce Housing Density Bonus and imposing Covenants and Restrictions on Real Property ("Density Bonus Agreement"). to provide the three (3) dwelling unit per acre density bonus. The proposed density of the Summit Lakes RPUD is 7.0 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1. of the FLUE. 3. The project implements Objective 1 of the Housing Element by providing additional owner occupied work force (61-80% of median income) dwelling units, as defined in the LDC, within the proposed master planned development; 4. The project furthers the intent of Policy 1.4 of the Housing Element by providing the recently recognized owner occupied gap (81-150% of median income) housing in an area where planned infrastructure and services will be available; 5. The project implements Policy 2.9 of the Housing Element by providing affordable- workforce housing in accordance with a Density Bonus Agreement. 6. The development of the Summit Lakes RPUD will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the FLUE. 7. The Summit Lakes RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 8. The native vegetation provisions of the Summit Lakes RPUD implements Policy 6.1.1 of the Conservation and Coastal Management Element in that native preserves will be incorporated into the project design. 11 0:\2003\030008.00.00 Waterways at Immoka1ee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc 9. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 10. By virtue that the project must comply with the concurrency provisions of the LDC, it will implement, and further Objective 8 of the Transportation Element. 11. The proposed RPUD implements Objective 7 of the FLUE in that the proposed project interconnects with Woodcrest Drive to the east. Vehicular and pedestrian interconnection to the south and a portion of the west are prohibited given the built-out subdivisions on those adjoining lands. However, an interconnection to the agriculturally zoned plant nursery to the west may be appropriate in the future should conditions allow, and the site is proposed for rezoning and development. External interconnection to the parcel of land lying northeast of the project has been provided for as depicted on the RPUD Master Plan. 1ll 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of the Summit Lakes RPUD. 1.2 LEGAL DESCRIPTION COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 S.0201T02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES: (1) THENCE S.89058'17"E., A DISTANCE OF 398.07 FEET; (2) THENCE S.0201T42"E., A DISTANCE OF 11.01 FEET; (3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET; (4) THENCE N.0201T42"W., A DISTANCE OF 11.01 FEET; (5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE CONTINUING ALONG THE SAID SOUTH RIGHT -OF- WAY AS RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) THENCE S.02018'21 "E., A DISTANCE OF 28.93 FEET; (2) THENCE S.89058'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET OF SAID SECTION 26, S.89059'07"E., A DISTANCE OF 660.42 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF 1- ] 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD ] 2-] 9-06 (c1ean).doc SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-OF- WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY, N89059'47"W., A DISTANCE OF 30.02 FEET; THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY, S.02019'40"E., A DISTANCE OF 267.57 FEET; THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY, S.89059'57"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E., A DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.89059'40"W, A DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83 THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR, N.02018'18"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR; THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'55"W., A DISTANCE OF 286.14 FEET; THENCE N.89059'21 "W., A DISTANCE OF 660.44 FEET; THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET; THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET; THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET; THENCE S.89058'59"W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.020 17'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.89058'36"W., A DISTANCE OF 528.56 FEET, THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.02016'13"W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE SOUTH RlGHT-OF- WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846). 1-2 0:\2003\030008.00.00 WatelWays at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD ] 2-] 9-06 (clean).doc THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES: (1) THENCE S.89058'16"E., A DISTANCE OF 196.59 FEET; (2) THENCE S.00oOI'44"W., A DISTANCE OF 21.00 FEET; (3) THENCE S.890S8'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; (4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 138.3 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture V (Folio: 00192280000, 00192000002, 00192160007, 00192320009, 00192040004, 00191920002, 00192880002, 00192200006, 00193080005, and 00192080006) 1.4 DEVELOPER The Summit Lakes RPUD is intended to be developed by Waterways Joint Venture V. All references to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture V, unless, and until the subject property described and depicted in this RPUD Document is sold to other individuals or entities. It is the responsibility of Waterways Joint Venture V to notify Collier County, in writing, of conveyances, of the subject property described and depicted in this RPUD Document within six months from the actual conveyance. 1.5 PHYSICAL DESCRIPTION The property is located in the northwest half of Section 26, Township 48 South, Range 26 East, Collier County, Florida. More than ninety-seven percent of the proposed project site is undeveloped. There is one single-family residence, and accessory structures located on a small portion of the property in the southeast comer. A former driving range exists on the northwest comer of the project. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.3 to 14.8 feet above mean sea level. The water management system consists of approximately 17.8 acres of open space that will receive run-off from structures and parking areas. Run-off shall be collected by catch basins and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts, with project outfall being at the project's northwest corner of the 951 Canal. Allowable discharge rates shall be in accordance with applicable County ordinances. 1-3 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc 1.6 PROJECT DESCRIPTION The Summit Lakes RPUD shall be a residential development that includes 968 residential housing units in accordance with a companion Density Bonus Agreement. See Section 6.6. of this RPUD Document. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse, pool, etc.), and areas (interior within the clubhouse, and swimming pool and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from two points on Immokalee Road and one location on Woodcrest Drive located on the east property line of the project. The development intent is to complete the subdivision in a single phase with construction commencing in the fourth quarter of 2007. Project build-out is anticipated to occur in 2010, or sooner, based on market demand. The westerly access location on Immokalee Road, and proposed County roadway improvements were agreed to in a Stipulated Final Judgment (Case No. 03-0519-CA). Each residential unit shall be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. The developer of the Summit Lakes RPUD recognizes the need for interconnections between neighboring properties/developments. The developer of the Summit Lakes RPUD is intending to provide access via an encumbered portion of Woodcrest Drive, as well as limited acceptance of "treated" storm water, and connections for potable water and sanitary sewer utilities to the neighboring property to the south owned by Habitat For Humanity of Collier County, Inc. Commitments for the provision of access and infrastructure will be formalized through an agreement between the two property owners, and will be provided to the County. 1. 7 SHORT TITLE This Ordinance shall be known and cited as the "Summit Lakes Residential Planned Unit Development Ordinance". 1-4 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD ] 2-] 9-06 (c1ean).doc SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Summit Lakes RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Summit Lakes RPUD shall be in accordance with the contents of this Document, the RPUD-Residential Planned Unit Development District, and other applicable sections and parts of the LDC in effect at the time of the application for the type of development order to which the regulations relate. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district of the LDC shall apply. B. This RPUD Document and RPUD Master Plan are tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Summit Lakes RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or exempted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. II-I 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD ]2-19-06 (clean).doc 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and uses of land is illustrated graphically by Exhibit "A", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TRACT "R" TYPE RESIDENTIAL UNITS/FT. 968 ACREAGEi: 110.7 TRACT "RA" RECREATION AREA o 3.9 TRACT "P" PRESERVE o 968 23.7 138.3 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 968 residential dwelling units may be constructed on the total project area. The gross project area is approximately 138.3 acres. The gross project density, therefore, will be a maximum of7.0 dwelling units per acre. II-2 0:\2003\030008.00.00 Waterways at Immokalee,Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc 2.5 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0) of the LDC for local streets, and LDC Appendix B-2 and B- 3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004- 66. Typical Street Section, B-4 and B-5 which requires 60 foot of right-of-way (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The rights-of-way shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III Exhibit "A", Design Requirements for Subdivisions C.l3.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66. 2.6 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Document or RPUD Master Development Plan, Exhibit "A", as provided for in the LDC. Minor changes and refinements as described in Section 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the LDC. 2.7 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Summit Lakes RPUD. B Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval, and prior to final plat approval, subject to the provisions of .of the LDC. However, the Summit Lakes RPUD may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of sixteen. A deviation from LDC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. II-3 0:\2003\030008.00.00 Waterways at Immoka]ee-Rezoning\0002 Rezoning\Summit Lakes RPUD ]2-19-06 (clean).doc C. The existing single-family principal structure may be used for a temporary sales center, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structure shall be in compliance with all applicable federal, state and local laws and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area, not to exceed 2500 square feet), of the clubhouse facilities may be used as a permanent sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Summit Lakes RPUD. 2.8 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. SDP application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans to depict the location of the clubhouse and related facilities within a future platted tract. If access, drainage and utilities are available to serve the clubhouse facilities, the SDP may be approved before the improvement plans for the subdivision are approved. The clubhouse and related facilities shall be located on a tract that will be platted. 2.9 EXISTING STRUCTURES The existing principal structure within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.7 of this RPUD Document. The existing structure may be retained through the construction and platting phases of the development. 2.10 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Summit Lakes RPUD requires a permit from a local, state, or federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the Conservation and Coastal Management Element of the GMP, and the LDC; a minimum of 23.60 acres are required to be retained or replanted. Native vegetation areas shall not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. II-4 0:\2003\030008.00.00 Waterways at ImmokaJee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12,19-06 (c1ean).doc The RPUD Master Plan depicts two Preserve Areas that shall be platted as a Native Preserve Tracts. The 23.7-acre Preserve Area depicted shall consist of native vegetation. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Native preserves shall have an average fifty-foot (50') width, with no less than twenty feet (20'). The design, area, and configuration of the native preserves may be modified from the depiction on the RPUD Master Plan. However, the remaining native preserves shall not be decreased below 23.6 acres in total area. II-5 0:\2003\030008.00.00 Waterways at Immoka1ee-Rezoning\OO02 Rezoning\Surrunit Lakes RPUD 12-19-06 (c1ean).doc SECTION In RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Residential development and supporting infrastructure, perimeter land use buffers, as well as signage shall occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 968 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). 2) Single-family detached dwellings. 3) Multi-family dwellings including mid-rise, coach home and garden apartments. 4) Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.7 of this RPUD Document). B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools, with or without screened enclosures, and other outdoor recreation facilities: Model homes (See Section 2.7 of this RPUD Document). III-I 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc 3.4 DEVELOPMENT STANDARDS Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. III-2 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- MULTI- CLUBHOUSE/ STANDARDS F AMIL Y F AMIL Y F AMIL Y RECREATION DETACHED ATTACHED TOWNHOUSE PRINCIPAL STRUCTURES1,2.3,4 MINIMUM LOT AREA 2,250 S.F. 1,250 S.F. 1 ACRE 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 SF N/A MINIMUM FRONT YARD 20 FEET 20 FEET 20 FEET N/A MINIMUM SIDE YARD 7.5 FEET o FEET or 15 FEET or N/A 6 FEET Yz BH MINIMUM REAR YARD 15 FEET 15 FEET 20 FEET N/A MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DIST. BETWEEN STRUCTURES 15 FEET >20' or >20' or N/A YzBH YzBH MAXIMUM BLDG. HT.5 NOT TO EXCEED 35 FEET 40 FEET 45 FEET 35 FEET ACCESSORY STRUCTURES I. 2,3,4 FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S S.P.S. YzBH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DIST. BETWEEN STRUCTURES 15 FEET 12 FEET 15 FEET or 15 FEET or Yz BH Yz BH MAXIMUM BLDG. HT. NOT TO EXCEED 35 FEET 40 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures BH: Zoning Building Height III-3 0:\2003 \030008.00.00 Waterways at lmmokalee- Rezoning\0002 Rezoning\Summit Lakes RPUD ] 2-] 9-06 (clean) ,doc Notes: 1) The location of structures proposed acljacent to a lake may have no setback from the lake maintenance easement; however, no structures are permitted in the required, 20- foot lake maintenance easement. 2) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 3) All residential principal structures shall maintain a minimum 85 foot setback from the back of the curb of the travel lanes on lmmokalee Road in its 6-lane configuration 4) Firewall protrusions into required yards are permitted up to three (3') feet. 5) Entrancefeatures (i.e.: clock towers and colonnades) shall be limited in height to no greater than 50 feet, and shall be permitted associated with the proposed privacy/sound barrier on the north property boundary. III -4 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc SECTION IV RECREA TION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational areas. 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. There shall be a minimum 20-foot separation between recreational building(s) from all residential units. IV-l 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. V-I 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc .'""._...____"'..........-.-.-.."..-' . 'i.1lI ".,pr --.._..........--.'..-. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats (if required), and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD Document, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer, are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase, such as final platting or site development plan application. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. VI-l 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-J9-06 (clean).doc 6.4 SCHEDULE OF DEVELOPMENT The development intent is to complete the subdivision in a single phase with construction commencing in the fourth quarter of 2007, Project build-out is anticipated to occur in 20 I 0, or sooner, based on market demand. 6.5 TRANSPORT A TION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County Transportation Staff, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the commencement of construction. D. Road impact fees shall be paid in accordance with, applicable County ordinances, except as may be modified by the Developer's Contribution Agreement for Summit Lakes. E. All work within Collier County rights-of-way, or public easements, shall require a right-of-way permit. F. Notwithstanding Case No. 03-0519-CA, all proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. The County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Notwithstanding Case No. 03-0519-CA, nothing in any development order shall vest a right of access in excess of a right-inJright-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. VI-2 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\OO02 Rezoning\Sununit Lakes RPUD 12-19-06 (cJean).doc H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. The County shall have no responsibility for maintenance of any such facilities. 1. Notwithstanding Case No. 03-05l9-CA, if any required turn lane improvement requires the use of existing County rights-of-way or easements, then compensating right-of-way shall be provided without cost to the County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right- of-way, or any easement, is determined to be necessary, then the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. K. Payment in lieu of sidewalks and bike lanes for Immokalee Road frontage shall be required. The amount shall be determined using FDOT's 2004 Transportation Costs, as amended. Payment shall be required within 30 days of approval of zoning petition by the Board of County Commissioners, unless and appeal is filed. L. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. M. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of W oodcrest Drive and Immokalee Road. N. The developer shall accept 5.9 acres of storm water from the proposed W oodcrest Drive improvements. O. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right-of- way shall be provided without cost to the County upon plat or site development plan approval. P. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast corner of the project is appropriate. The developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. VI-3 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Sumrnit Lakes RPUD 12,19-06 (clean).doc Q. The developer shall build a local road cross-section on Woodcrest Drive from Immokalee Road to the southern boundary of the proposed Woodcrest RPUD. 1) If the right-of-way for the entire road is not available, the developer shall construct the portion that has sufficient right-of-way. Where the right-of-way is not available, the developer shall pay in lieu of construction within 30 days of the right-of-way permit issuance. 2) Should the County approve a developer contribution agreement (DCA), such agreement shall provide road impact fee credits for the design, construction and permitting, including environmental mitigation, for the upgrade from a local road to a minor collector road. R. The developer shall dedicate to the County, at no cost to the County, and within 90 days of rezone approval, approximately 1.51 acres for W oodcrest Drive right-of- way. This dedication shall not be eligible for road impact fee credits. S. The County shall facilitate the developer's SFWMD Letter Modification to excavate Immokalee Road Pond #2 for fill for the road bed wherein one-half of the generated fill material will be utilized for the Woodcrest Road project and the remaining portion may be utilized by the developer. T. Fill material shall not be delivered to the project during morning and afternoon peak travel times. 6.6 AFFORDABLE HOUSING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: If a density of four (4) units per acre is exceeded, the additional density will be constructed in accordance with the companion Density Bonus Agreement. A maximum of 968 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 138.3 acres and a maximum seven dwelling units per acre. A density of up to 3.0 dwelling units per acre shall be developed in accordance with an approved Density Bonus Agreement. The following limitations and performance standards shall be adhered to: A. No workforce housing unit, nor gap housing unit (that is subject to the AHDBA), in the development shall be sold by the developer to those whose household income has not been verified and certified to be between sixty one to eighty (61-80%) percent, and between eighty-one to one hundred-fifty (81-150%) percent of the median family income for Collier County, respectively. Such verification and certification shall be the responsibility of the developer and shall be made available to the County Manager, or his designee, for review, upon request. VI-4 0:\2003\030008.00.00 Watetways at Imrnokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc B. The developer shall provide potable water and sanitary sewer conveyance facilities to benefit the Habitat For Humanity of Collier County's Woodcrest RPUD lying immediately south of Summit Lakes on Woodcrest Drive. The provision of these utility facilities will provide a cost savings to Habitat for Humanity of Collier County, Inc. estimated to be approximately $365,000.00. C. The developer shall contribute $1,000.00 for each market rate unit platted. The $1,000.00 contribution for each market rate unit platted shall be a credit against any affordable housing fee adopted by the County which may be applicable to this project. D. The developer shall also be entitled to up to a $365,000.00 credit against the $1,000.00 per market unit contribution requirement provided the actual value of any such credit is confirmed by an audit of the Clerk of Court and then approved by the Board of County Commissioners upon staff recommendation. Any such credit shall be in recognition of the developer's contribution for water, sewer, drainage and road facilities to Habitat for Humanity of Collier County, Inc. In requesting any such credit, the developer shall provide any necessary documentation/information to the Clerk for the audit process. E. The developer has also committed to provide 100 additional housing units that would meet the pricing guidelines for "gap" housing. These additional "gap" housing units shall not be associated with the companion Density Bonus Agreement, and shall not be subject to the provisions contained therein. F. The 100 additional "gap" housing units that are not associated with the companion Density Bonus Agreement shall be titled and sold under a contractual condition that shall restrict investor/speculator purchase and re-sale of those homes for a period of two years after contract execution. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to the Engineering Review Services Department for review and approval. No construction permits shall be issued unless and until Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. VI-5 0:\2003\030008.00.00 Waterways at Imrnokalee-Rezoning\0002 Rezoning\Sumrnit Lakes RPUD 12-19-06 (c1ean).doc 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with applicable County ordinances and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. 6.9 ENVIRONMENT AL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be similarly depicted on any plat. Any instruments, plats, or plans creating conservation areas shall include provisions imposing protective covenants per, or similar to, those found in Section 704.06, Florida Statutes. C. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission CFFWCC) regarding potential impacts to "listed species". Where protected species or their habitats are observed on site, a habitat management plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. D. The RPUD shall be consistent with the environmental sections of the Collier County GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. VI-6 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-] 9-06 (c1ean).doc 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, the construction operation/management office and model center. These structures may be constructed after zoning approval. 6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Summit Lakes RPUD, except in Preserve Areas. A. Privacy/sound barrier wall height: Privacy/sound barrier walls are proposed on the Immokalee Road project boundary. The wall is proposed to be located on top of perimeter berming rather than on existing grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. The privacy/sound barrier wall associated with the Immokalee Road project boundary shall not exceed eight (8') feet. Deviation from LDC Section 5.03.02.C.1. B. Landscape plantings associated with the attached single-family residential buildings shall comply with the LDC. VI-7 0:\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (c1ean).doc . ,II.I.I.A" (;) ../I arrGUDM ..... .. JII'I .laM - - iff: ~ ~~II i~I~~i~~;m ~~~~ ~ ~ ~~ II~ ~m:.!i~jfl]~1 \ iill.1 ! ~I U~Ji~~!~ ~. .j .q II II .1 ~ m al if -=- Yll~~! ~ ~I ,!J ; I e~ B ~ ~ r :IK 'I L -1 ~~"; ~ I~i ii!lli~ i~! ii, ~ I' - / - - - ~ ~ 11 i! nll!!!!11 IU I I~~'- ._.ol_ If ' K e:::::= i ~~il~~: i ~ . ~~ ~"< ~ Ii! ;.1 :oj~---- I~II! .1 HUll ~!! lrol I :11 - :13- H LI na a H~; ~ I ~_I i II ! Illj ~ m I ..~,.,."",. ~r ~~ c (~ .1 I ! II, ' , , , ! II ,b - ~ - .= ~~~',~~~l I I II i I I \ i I ~ if I -' \ I \" I !i Ii m ~ m ~D_-=:J ;:W ; ~( , t ~!:. :E ~rC-l- c i.; I:~ ~ dn i ilSi J Iii I~i EXHIBIT "A" II ....liII.III11III!lgllllllil'll. "11Ia-B11 t 'I IIli1mlli!I!ISIP"~IIIl'lellllll'PlIIIIII'.1l ... !iII.!....",":lili!a.... ." I imlllJ" ,I mJII~li~.....1 =!II~I~IIGII~UI m~dli'l~i I! ....Ii.il.IIIIIII.. ,i,i,..i..ll. ..... ~I oS Ii IlIIl='i ......". Ilil'iai ~li'l 111I11 '1.1 . .... 1IIiIUlllllil...!II1JSI.:.,..... I, I 11l1.,II~llm I i"~ili !:'~I!a Ii!il -I ~~IJI ~I'! Ii '1,$1'111 1!1'II!JI. !1111 I" I' 1.1 ,I! "relll"l I II' I ,II ;1 "11111 !11:5f. 111~'1 1 .,. .: 11- '. II J" '11S.lli .: 'I :! d;li~: nf:IUJ iiUi! ;! i~~ I hI II I I" illll~i~, I; .1. . JIi.< I l,sl'" Po ... , a'l II 'j I: · ' ji III h'n ~ I! ~ I! il i !;imll ~I;I~ l i !~: I III' i a ':11 1I1!" I i II I' '1'1 i '~I'I I. !. I " 11'11 I' II i I II '1 I. .1" ': II II . , . i' I " iii . In ; II i il ~ j I I ~ n " ~ .', I" 'I II ~. ! t I '1 ~. '1 .1. '1 .. D,,1t .'\CGl.,ST. ~W){; lJ.; ,,!is :..''6E ,,;IL( W A TERW A YS JOINT VENTURE V l):HllIfJ.~OO /.2/)0 ~W02 .It.IJ..SR OEC"W D,H!" RPUD MASTER PLAN 2 (If S !t T ~ I-ii m; II1I .111 fl, II~ II; fi -'iiiiNi'ii""" -... h II i I ~ ~ II n~:111 Ii I !I~J~ ~ i- \ II~ ..' S'lj i ~6 ~ '- COO II!! ~ ~ ,H- >~ ~I 1'1 ~ ~ ;~ ill' tr1 ~ ~I r ~ > , I ~~ i II ~OO ,I, Ii > ,: Z :1 !1 II J III. -3: lRAC1'.1t I --) :oj jfl --- .-.: i L-p - 3lIlU-,n:MlIll't 'V ~ ........ ~ SUMMIT LAKES RPUD O'lTA rnc'~tion j"O",SfIy:lN<J.., ~~ ..lG'MIlIwP......~....l!llO.............,.,Ol ~.7.o!115 FAll:l23lIlI9N1IS1' 1N2c.-llnIl,FClII fS,F1DrldIi33l101 l23'J)271-r.224 FAX; l23i) 21U"'9 I I I I · , i. 'I t I! I I · J I iill~ll!fji &!;III II i~ 11'lllijl. , II. ! I h. I hi rl~ 11111111 1.1 i -I Ii i II II! liil i Ii Ilr~ lin ; II 1111'1, II I 1 ........... EXHIBIT "B" ..-...... I> e +. 1) .- .- ....'IIIIP._- --- ! I +- I ! ~ I ~ ! < I . r ~ -~ I: i -' ! II J> ::E o r C...J ~-,"-J C..J C_Jl (PI 0) , (j-..J ~ '0 , C"~ '-', s:::;;: ::D ;n1Tl r'l ::0 r'l 0 -', '> ~:;~ "J ~n -::,] 6'1 -- :11 (Tl 1- r--- j' ---1 ~l -'> <-; '; , v., C ;;: ;;: ~ ---1 j- lJ j; ~.~ r'l Ijl C) >'q :::<0 (~ = ~ J>[[1 U~ J>"" :1)----1 ....,J> ~Z; r'l~ ~GJ Ifi ~ CIJ 21::0 Zl/i ,'1 ~1 If 1 () (') 1> r'l 1> J> " 1> o fTi ~ __1_- T z ::r> u e- ~n (f' I ?: ?: C 7" > , Pl rT] X"I ,~ ::r> o I----:l ::D [0 .p D-~ < o c: )> ~(', OI ::oS; 8~ .)J ~ IJ OJ '"" ;~.~, :r ::,C """ 1'- ~~ f'-.-.J IBIS C()VC ?~ Iii G) lIlO LAURELWOOD '" "1 L(' -;-."" -) '--1 ~l ~ ::; c' 7;1 f'-) '-J ::0 ,,> ,.- 1> Z o (') r ;q L> - ---;- '-../) rTJ:;; r ...., (')c () ~ <, fTlJ'; -<. TC A: CTl iJi "C - ~r; =: "I f'-.j f'-.; ;;: ::u J> \/1 I=:> ;::-'0 ri~ J> ".~ ....,'- _n ~'J "-J Ui G~ D EXHIBIT "e" , f'..) C.:,J T l"'l ::t' -, J> C;-, I I --~--_._-------~t- m I L> cr 10 .f~ co ~~ .!I.'C"""~ WD<<. Aprl(2CJOfi " <IS .. ~- """" W A TERW A YS JOINT VENTURE V SUMMIT LAKES ......00 H.TS DllAWN, RPUD JOOOOBXO/ MJ.S,1l -- c.",,,,,, VICINITY MAP ~ I D.liN. C/'J <~ ~~ n~ ~~ ~> ~~ ~~ ~~ 8 O\lT^~C.~on CONSULTING Civil ~ .... "'" , ~ ... Surveying &: Mapping .10-..l"Wlo.t.,....................,.101 lIIIIIINIlI7I fAlt.,II7.oP'1 .1Mtc.- FM f....~l ~fAX. I7Ml.I I' I. I, I: Ii " " C'" 1:...-..-__-.----..- ; ,. , " J il ! ~ " if ';'.: }~ t. 1'/' .r -I I" I , , ~ I, I : :.~ "Il ~! ~k. I I ~ -" ~ ~ Ir ... ~ i~~i ~~ ~i:: ~~ M ; I~r ~; I' ) I~--~ I I ~ -~-~----_._,._._-_._-_.,-_._-------_._-_._-~-.._--~- '" --_.._~--- -_.______________n_ i~ Ir----~ I I ~~ 19 T I ~~ i~ i. ':~, ~ ~~ I ~l ~i !~ I' ~~ I r i7: /\ i[~.'~ I' ; :J.:~ i I .1 ' . rl:~i ~ ~,[ t " ,.1 t, I i I i ! I ...---.-----..-: I I ,\ 1'1, : I ~ 'I , ~, , CF1 n~ ~~ O~ CF1~ CF1 CF1~ ~~ ~t'rj ~ CF1 ~~ CF18 I ..,. .!In T1rI'! Ill:E ~ MaO'tt D'lT^lNC.~on Aprll200S .. .., "" SUMMIT LAKES ~~ L<U, W A TERW A YS JOINT VENTURE V 4!I-<<JOl!I.OQ H.T.s. ~- .....'" """ RPUD CONSULTING Civil~ .......W<li "" .... "'" , ... ... SurveyiIi8 &: Mojlping --- ""<KID CROSS SECTIONS ==::"'~~_~~JlIOt CtJIJ~.e:::=:~.. , ~ , D.H.N. 1,- - ---";~ jJ If " II ,,_l~~~ i:l~~ i ~.;;', :: "~"' r~ .-tl ! --I"" 1 , li~ E I I' I' T ~ 1\ \ Ii r., Ii _ i,f I:) II I I~ I I , ~ I: q ! i ) I ;:; 1< I; ,I ,/ I E~ l I ___ ~:R ~j~ " I :d ' ij II -F/ 11'11 !~I , I" L!--~ - - --',- C9 ~ :~~. ~;,! II ~l'--]' ~L' j r---- -1~ If: I j; I I 'FI II :~l I~';'- T !:2 :1 ;; ~';r-----r ii;' l~ "I---.-r " .' ~~' -l if; I ;- - - ---", d ii "'.''':\T . ~~;1~ I I ,I) ^ ,. \ "' c,! " I . ~;,I, i~ I (~ " ~ gm I ~.. ~ ~ ~~~ II j sp f"I: ii !:i lfll :~g P,c: <+-;;;~~'!__T ",-;; II ~-, ~ ~ q I ~~ ;:'~ I ;t ~ f~ ~(~ ..:, ~ ~ I!~. ;, ;~ "'-.!C;' l II> 'l,' ~~~l .' !, li//~rri'-.J I, r---L ~o I i i I~ ~j ',~ ~" :~~ I ii EXHIBIT liD" I ~ f I I r+1 ~ ~ ~ i ~ ~ ~ \ --"~ ~ I 1 I i ~ , " Ii , , , ~ Ii r1 , , i ~ @ i II j , IJ l I I ~ l,,' i'i 'E 'JI . "-;1 i'~! 1--",,1"1 !r-~ -" .; I ,;, 'fi" lj A" ~l Ii !1 /i A; 'VI i /1 / I I ~ / i I r' !. 'I I J il ll"i ~L' f-----_~g:_________.., II ~: '1,/ .' I ! I L---1. I This space for recording AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the 13th day of December, 2006, by and between Waterways Joint Venture V (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developer's intent to construct a maximum of 968 residential units (the "Units") at a density of 7.0 units per gross acre on the Property. The gross acreage of Property is 138.3 acres. If the density on the Property is maximized, the number of affordable-workforce housing units constructed by Developer shall be 200 of 968 units, representing 21 percent of the total number of residential Units approved in the development. The total number off affordable- workforce housing units will be based on the number of bonus units constructed. Forty eight and nineteen hundredths percent (48.19%) percent of the constructed bonus units (Revised 9/20/06) Page 1 of 33 will be affordable-workforce housing, of which half of the affordable-workforce housing units will be gap units and half will be workforce units. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) 9 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 415 Bonus Units on the Property, if the Developer agrees to construct affordable-workforce, and gap units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 3.0 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Aqreements. The Developer hereby agrees that he shall construct 24.095% of the Bonus Units as workforce units and 24.095% of the Bonus Units as gap units, not to exceed 21 % of the constructed residential density as affordable-workforce housing units, which units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable, workforce (Revised 9/20/06) Page 2 of 33 and gap Units: (1) Defined terms: In the event of a conflict between terms as defined in the LOG or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LOG 9 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit G, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eliaibilitv and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. (Revised 9/20/06) Page 3 of 33 The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable, workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC 99 2.06.05 and 2.06.06, respectively. The Developer and Commission acknowledge and agree that once the developer has delivered all affordable, workforce, and gap units contemplated under this Agreement to approved purchasers, the Developer shall no longer be required to provide progress and monitoring reports, and shall no longer be liable for enforcement action under this Agreement. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a very low, low, workforce, or gap income family for the purpose of owning and occupying an affordable-workforce housing unit pursuant to the affordable-workforce housing density bonus program. The Preliminary Application for affordable-workforce housing unit shall be provided to Collier County Housing and Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable-workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC 9 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the (Revised 9/20/06) Page 4 of 33 purpose of income verification, attached to the affordable-workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable-workforce housing Applicant Income Verification form shall be provided to the Housing and Grants Section as shown in Appendix 8, Exhibit 8, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable-workforce housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable- workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable-workforce housing unit under the affordable-workforce housing density bonus program. The affordable-workforce Housing Applicant Income Certification form shall be provided by the Housing and Grants Section as shown in Appendix 8, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC ~ 2.06.00, may be conducted by the Housing and Grants Section upon reasonable notice. (4) Annual Proaress and MonitorinQ Report. The Developer shall provide the Housing and Grants Section an annual progress and monitoring report regarding the (Revised 9/20/06) Page 5 of 33 delivery of affordable-workforce housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC 9 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Grants Section. Failure to complete and submit the monitoring report to the Housing and Grants Section within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No affordable-workforce unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4.0 units per acre, and is therefore granted a density bonus of 3.0 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 7.0 units/ac, pursuant to LDC 9 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 968 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Aareement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable, workforce, or gap Unit. (Revised 9/20/06) Page 6 of 33 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC 9 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce housing unit provided under the affordable-workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Grants Section or by any other persons pursuant to the authority which is delegated to them by LDC 9 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedinas. Whenever it is determined that there is a violation of this Agreement or of LDC 9 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return- receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable-workforce units in accordance with this Agreement or LDC 9 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC 9 2.06.00, as amended. 6. Assianment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over (Revised 9/20/06) Page 7 of 33 the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severabilitv. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Housing and Grants Section 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Joint Venture V 15122 Summit Place Circle Naples, Florida 34119 With copy to: Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 (Revised 9/20/06) Page 8 of 33 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recordina. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Aareement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable, workforce, or gap housing unit shall be (Revised 9/20/06) Page 9 of 33 restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC 92.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable- workforce housing unit, it must advertise sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable-workforce housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable-workforce units. e. The affordable-workforce housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable, workforce, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for affordable-workforce housing Density Bonus shall be the same for market rate units and affordable-workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable-Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable-workforce units in each phase. Units in a subsequent phase (Revised 9/20/06) Page 10 of 33 may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and gap units are the same within each phase and provided that in no event may a market rate unit or affordable-workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. PhasinQ. The percentage of affordable-workforce housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 24.095% of the Bonus Units being gap units and 24.095% of the Bonus Units as workforce units in each phase of the development of the Property. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable-workforce housing unit or units, which units in the development are designated as affordable-workforce housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable-workforce housing units and the amount of affordable-workforce housing density bonus approved for the development. 20. Affordable-Workforce HousinQ Density Bonus Development AQreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable-Workforce (Revised 9/20/06) Page 11 of 33 Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. A TTESTt. ,. OWIGHT E. -BROCK, Clerk ~. .~.'" . '.'(~.~ . . ~..~ .'- ~_. ;""~:."...:: :'.~ t~ Ch41~~tyClerk }, :,>.;;~:..k' 0I't'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ".~ c_>__ ~ ~M!l'Lt~~~ By: . FRANK HALAS, H rAN Approved as to form and legal sufficiency: -m~P1J'~ -~ Assistan ounty Attorney (Revised 9/20/06) Page 12 of 33 DEVELOPER: Waterways Joint Venture V 15122 Summit Place Circle Naples, Florida 34119 Witnesses: c1;4~b 6dMt14t#,V By: ~~ Witness \ c:J56d Name 11\<-0'-"- &A.......W..'/ Witne~ Printed Name fact,! LtJ-fh; ~'cW.2.t:> 'I>~~~.pDe-r By: STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development Inc.. as General Partner of Waterways at Hibiscus. Ltd.. as General Partner of Waterways Joint Venture V, who is personally known to me or has produced as identification. WITNESS my hand and official seal this 16111 day of btc.UYlbDJL 2006. ~~ My Commission EXPires:cJ.u.t'lL W t 2D [0 (Revised 9/20/06) Page 13 of 33 EXHIBIT A LEGAL DESCRIPTION COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 S.02017'02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES: (1) THENCE S.890S8'17"E., A DISTANCE OF 398.07 FEET; (2) THENCE S.02017'42"E., A DISTANCE OF 11.01 FEET; (3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET; (4) THENCE N.02017'42"W., A DISTANCE OF 11.01 FEET; (5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) THENCE S.02018'21 "E., A DISTANCE OF 28.93 FEET; (2) THENCE S.890S8'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET OF SAID SECTION 26, S.890S9'07"E., A DISTANCE OF 660.42 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT- OF- WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF- WAY, N890S9'47"W., A DISTANCE OF 30.02 FEET; (Revised 9/20/06) Page 14 of 33 THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT -OF- WAY, S.02019'40"E., A DISTANCE OF 267.57 FEET; THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF- WAY, S.890S9'S7"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E., A DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.890S9'40"W, A DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83 THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR, N.02018'18"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR; THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'5S"W., A DISTANCE OF 286.14 FEET; THENCE N.890S9'21"W., A DISTANCE OF 660.44 FEET; THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET; THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET; THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET; THENCE S.890S8'S9"W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02017'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.890S8'36"W., A DISTANCE OF 528.56 FEET, THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.02016'13"W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846). THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES: (1) THENCE S.890S8'16"E., A DISTANCE OF 196.59 FEET; (2) THENCE S.00oOl'44"W., A DISTANCE OF 21.00 FEET; (3) THENCE S.890S8'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; (4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF (Revised 9/20/06) Page 15 of 33 BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 138.3 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. (Revised 9/20/06) Page 16 of 33 APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE-WORKFORCE HOUSING UNITSIMONTHL Y BASE RENTS GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL WORKFORCE INCOME (61-80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (Revised 9/20/06) NUMBER OF UNITS Single Multi Family Family BASE RENT Single Multi Family Family 100 of 968 units or 24.095% of approved bonus units above base density 24.095% of approved bonus units above base density 100 of 968 units or 24.095% of approved bonus units above base density 24.095% of approved bonus units above base density Page 17 of 33 LOW INCOME (510/0-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL o VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL o (1) Base residential density allowed in this development 4.0 units/acre. (2) Gross acreage 138.3 . (3) Maximum number of affordable-workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 415 units. (4) Gross residential density of this development (including affordable-workforce housing density bonus units) 7.0 units/acre. (5) Percentage of affordable-workforce housing units pledged by the developer (as a percent of the total number units in the development) 21 %. (Revised 9/20/06) Page 18 of 33 APPENDIX A. EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC 9 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable-workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The affordable-workforce housing density bonus rating system shall be used to determine the amount of the affordable-workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the affordable-workforce housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, workforce, or gap) of the affordable-workforce housing unites) proposed in the development, as shown in Table A. Next, determine the percent of that type of affordable-workforce housing unites) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable- workforce housing density bonus (A WHDB) available to that development. Developments with percentages of affordable-workforce housing units which fall in between the percentages shown on Table A shall receive an affordable-workforce housing density bonus equal the lower of the two percentages it lies between plus 1I1Oth of a residential dwelling unit per gross acre for each additional percentage of affordable-workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable- workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable-workforce housing density bonus (A WHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling units per gross acre. (Revised 9/20/06) Page 19 of 33 APPENDIX A. EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. T ABLE A: AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOW ABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81-150% Gap MI* ** 1 2 3 4 5 6 6 6 6 nla (Gap) 61-80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner-occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordab1e- Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. (Revised 9/20/06) Page 20 of 33 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY ! ~ ~ ~ ~ ~ 1 ~ 150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE TWO THREE FOUR BEDROOM BEDROOM BEDROOM BEDROOM UNIT UNIT UNIT UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1 ,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 (Revised 9/20/06) Page 21 of 33 UTILITY ALLOWANCES ONE BIR TWOBIR THREE BIR FOUR BIR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71. 00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211. 00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. (Revised 9/20/06) Page 22 of 33 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT Date Occupancy Desired: Your Name: Co-Tenant Name Present Address: Date of Application: Amt. Of Sec. Deposit: RaceINational Origin: Handicap: Yes _ No_ RaceINational Origin: Handicap: Yes _ No_ Street City State Zip Telephone No. How Long at this Address: Name of Landlord Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City Name of Previous Landlord State Zip Telephone No. Street APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO-TENANT: City State Zip Telephone No. Job Title Every 2 Weeks $ Birth Date Monthly $ Job Title Present Employers Name (Revised 9/20/06) Page 23 of 33 Address and Telephone No. How long with Present Employer: Job Title Every 2 Weeks $ Birth Date Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Weekly $ Monthly $ Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: How Long Known: How Long Known: (Revised 9/20/06) Page 24 of 33 APPENDIX B. EXmBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. Zip Telephone No. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ (Revised 9/20/06) Page 25 of 33 Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ - $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICA nON HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. (Revised 9/20/06) Page 26 of 33 APPENDIX B. EXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Job Title: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. as Witness my hand and official seal this day of ,2006. (notary seal) Notary Public My Commission Expires: (Revised 9/20106) Page 27 of 33 EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. as Witness my hand and official seal this day of ,2006. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE-WORKFORCE UNIT. (Revised 9/20/06) Page 28 of 33 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanymg documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Grants Section. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD, 138.3 acres 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes _No If yes, state date of application 10/31/03 and if the request has been approved, state the Ordinance number N/ A. 3. Gross density ofthe proposed development. 7.0 units/acre. Gross acreage of the proposed development. 138 acres. 4. Are affordable-workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Summit Lakes RPUD. located in the northwest half of Section 26, Township 48 South. Range 26 East. apvroximate1v 12 mile east of the intersection of Collier Boulevard (CR-951 ). and Immokalee Road (CR-846). S. Name of applicant Waterways Joint Venture V Name of land developer if not the same as Applicant: Same (Revised 9/20/06) Page 29 of 33 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE II GAP INCOME 81-1500/0 MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL (Revised 9/20/06) Rental Owner Occupied Yet to be determined Yet to be determined 968 Number of Affordable-Workforce Housing: Units Total Number of Affordable-Work- force Units in Development Owner Rental Occupied Proposed Use for Density Bonus Units Owner Rental Occupied occupied In accordance with LDC Section 2.06.03.D. - All owner Page 30 of 33 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL occupied LOW INCOME 51-60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL (Revised 9/20/06) In accordance with LDC Section 2.06.03.D. - All owner -L o Page 31 of 33 7. Please provide a physical description of the affordable-workforce units by type of unit (very low income, low income, workforce income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Summit Lakes, including the homes reserved for affordable-workforce income purchasers, will share many common features: * Solid concrete block construction with wood infill panels in limited areas of the second story. * Durable compressed concrete tile roofs. * Desirable concrete paver driveways, walks and entries. * R-19 fiberglass insulation in all attics; R4.1 in exterior walls. * Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal * 13 SEER high efficiency air conditioner with strip heat. * Aluminum framed windows and sliding glass doors. (Revised 9/20/06) Page 32 of 33 * Metal clad entry door with dead bolt lock. * Pre-wiring for cable television and telephone * Digital perimeter security alarm system. The homes reserved for affordable-workforce housing purchasers will be two and three bedroom, two bath units in multi-family or single family attached buildings. Each home will be owned by the purchaser. All of the Summit Lakes homes will have complete yard service and periodic exterior painting provided for by the Summit Lakes Community Association. The monthly homeowner's fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entries, common areas and a community clubhouse where residents and guests may swim, play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is anticipated to be approximately $165 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. (Revised 9/20/06) Page 33 of 33 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk af Caurts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true capy af: ORDINANCE NO. 2006-62 Which was adapted by the Baard af Caunty Cammissianers an the 13th day af December 2006, during Regular Sessian. WITNESS my hand and the afficial seal af the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 20th day af December 2006. DWIGHT E. BROCK Clerk af Caurt.s:and Clerk Ex-afficio., ~Q>.Bo~rd 'af Caunty C : '''isa~tme:l:;:.s -(,f' /''': L "<. Teresa ~llardr '. Deputy e~rk. " k