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Ordinance 2023-12 ORDINANCE NO. 2023 - 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07-34, AS AMENDED, THE KAICASA RESIDENTIAL PLANNED UNIT DEVELOPMENT TO CHANGE THE AFFORDABLE HOUSING INCOME LEVELS FROM AT OR BELOW 60% OF AREA MEDIAN INCOME TO UP TO AND INCLUDING 120% OF AREA MEDIAN INCOME; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 100± ACRES, IS LOCATED ON THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY TWO MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846 IN SECTIONS 12 AND 13, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. IPL202200039381 WHEREAS, on March 27, 2007, the Board of County Commissioners approved Ordinance No. 07-34, which established the Kaicasa Residential Planned Unit Development (PUD); and WHEREAS, the PUD was amended by Ordinance Nos. 08-15 and 10-35 and administrative minor master plan change in PL20220004449; and WHEREAS, Amanda Martin, AICP, of Johnson Engineering, Inc. representing Habitat for Humanity, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 07-34, the Kaicasa PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section 5.4, Schedule of Development/Monitoring Report and Sunset Provision, of the Planned Unit Development Document, attached to Ordinance No. 07-34, as amended, Kaicasa PUD. Section 5.4, Schedule of Development/Monitoring Report and Sunset Provision, attached to Ordinance No. 07-34, as amended, is hereby amended to read as follows: [22-CPS-02273/1762964/1160 Kaicasa/PL20220003938 Text added is underlined;text deleted is struck thre 1 of 3 1/6/23 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD h l ect PT D Sunset Provisions of the LDC. B.A. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% earning up to and including 120% of the median annual household income Area Median Income (AMI) in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen thirty (15) (30) years from the date of issuance of a certificate of occupancy (CO). As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of the affordability commitment. E.B. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. SECTION TWO: Addition of Section 5.9, Miscellaneous, to the Planned Unit Development Document, attached to Ordinance No. 07-34, as amended, Kaicasa PUD. Section 5.9, Miscellaneous, is hereby added to the PUD document attached to Ordinance No. 07-34, as amended, as follows: 5.9 MISCELLANEOUS "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [22-CPS-02273/1762964/1160 Kaicasa/PL20220003938 Text added is underlined;text deleted is strums: 2 of 3 1/6/23 PASSED AND DULY ADOPTED by supermajority y.ate of the Board of County Commissioners of Collier County, Florida, this /TN,ay of IL p r L&a r , 2023. Pk ATTEST: ',; #`� fir BOARD OF COUNTY COMMISSIONERS CRYSTAL . KINZEL cITRK COLLIER COUNTY, FLORIDA By: By: nAitty Ci Rick LoCastro, Chairman Attest as toC441 signature only. '.....-'- Approved as to form and le ity: �C�1✓ ,292 H idi shton-Cicko 1 Managing Assistant County Attorney This ordinance filed with the Secretory of States Office the P 1ciday of E ' c99 -3 and acknowledpexnent of that fill received this day of • By 0,10410 ON* [22-CPS-02273/1762964/1]60 Kaicasa/PL20220003938 Text added is underlined;text deleted is 3 of 3 1/6/23 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State February 22, 2023 Martha Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Martha Vergara, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-12, which was filed in this office on February 22, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270