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Resolution 1995-479 WHEREAS, Turtle CrE !k, Ltd. , a Fl. Jrida Limited RESOLUTION NO. 95-479 A RESOLUTION OF THE DOARD OF COUNTY COMMISSIONERS, COLLIER COONTY, FLORIDA, AUTHORIZING THE DEFERRAL OF LIDRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, WATER IMPACT FEES, SEWER IXPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR TURTLE CREEK APARTMENTS A 268 UNIT AFFORDABLE RENTAL H.)USING PROJECT. WHEREAS, Collier County has recognized and attempted to address tho lac~ of adequate and affordable housing for moderate, Jow, and very low income households in Collier County and the need for cr~ative and innovative programs to assist in the provision of such housing by fne ludfng several provisions in the Collier County Growth Malagement Plan, including: objective 1.4 policy 1.4.1, '.bjective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, po: icy 2.1.5, and policy 2.1.6 of the Housing Element; and PartnerShip, undertook tt! development of Turtle Creek Apartments, a t'....o hUl1drt:d and sixty-eight (268) unit affordable rental housing community on a s!te located in Collier County, Florida, of which Turtle "eek, Ltd. is owner; and WHEREAS on July 15, 1 95, an application was filed with the County Manager for the 'eferral of Collier County impact fees for the Turtle Creek Apartments project c~nsistent with the requirempnts of the County impact fee ordin3nces; and WHEREAS in uccordnnce with Section 3.04 )f the Library System ImpacL Fee Ordin~nce, Ordinance No. 88-97, as amended; Section 4.05 of th~ Parkfi and Recreational FacLlities Impact Fee Ordinance, Ordjn~ncc No. 33-96, as amended Section 3.04 of the Road Impact Fee Ord inClnce, Ordinance '~o. 92-22, as amended; Collier County Ordi,ance No. 90-86, as amended, the 800lC I no rA'.l171 .,n.1 oJ kJ.J.J Collier County Water System Impact Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Sewer System Impact fee Ordinance; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended. an applicant may obtain a deferral of one hundred percent (100\) of impact fees for a period of six (6) years by qualify ng tor said deferral; and WHEREAS, Turtle Cree)r Apartments has qualified for an impact feA deferral based Ipon t~e following representations made by Turtle Creek, Ltd.' A. ','he Dwelling Uni. shall be the pen anent residence ...f the occupant/' enant. B. The household renting the Dwelling Unit must have a low income level, at the commencement of the leasehold and dllration thereof, a. that term is defined in the A 'pendices to the rl'Jpective Impact fee Ordinances a d the monthly rent must be within tl'e affordable ousing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwell ing Uni t shall remain atl :Jrdable for at least fifteen 15) years from the date the cLrtificate of 0 ~upancy was issued. NOW, THEREFORE, BE I' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The B lard of ColI ier County Commis: ioners hereby author. zes the defe'ral by Collier county of the follow ing impact fees in the amounts Ii -;ted below for the two hundred and sbty-eight (268) aff.,rdable housing' uni ts to be developed by Turt Ie Creek. Ltd. on the Meadow Brook Estates PUD site R-90-18, aL identified in Exhibi "A": ~"nw nnnt.n 17? *' .Ji.t. iit i. i.... ~f :~ :J '~. l :~ ! . ,j <~ SEP - 5 195 .t:ach Unit 268 units A. Library System Impact feef': $ 180.52 $ 48,379.36 B. Road Impact Fees 935.00 250,580.00 C. Parks , Recreation Impact Fees a) Community Parks 399.00 106,932.00 b) R(gional Parks 179.00 47,972.00 D. Emergency Services Impact Fees 2.00 536.00 E. Water Impact Fees 90C.00 241,200.00 F. Sewer Impact Fees 1,34C.00 359,120.00 G. Schoo: Impact Fees 82: .00 221,636.00 Total Impact Fees to be De1~rred $4,762.52 $1,276,355.36 2. Deferral of said impact fees is s .bject to and contingent upon ex, ::ution and reCOl :iation of an Agreement for Oeferr 1 of Collier COUJ:':'Y Impact Fees which sha 11 be enter d into between the applicant and COL'nty, This Resolution adopted after motion, second nd majority vote favoring same. DATED: ~.f.s- I <'I., .' 'ATTEST: .:,", bwight.E. Br6<?k, Clerk COMMISSIONERS ::~ atthews, Chalrman . " _,~~/il.t . . , ,/A "proved as'..to form "and legal, Silfficiency: . .'tl......' Ji~:~ el f Ashton Assistant County Attorney ,k1C" 201 ~ . . UBIBIT "A" SEt> - 5 1995 . . . . PROPERT1 DESCRIPTIOn 1\ PARCEL 0'1 LAnD LOCATED III THE SOUTHWEST 1/4 OF! SECTIo~r 10, TOWNSHIP 48 SOUTH, RANCE 25 EAST, COLLIER COlTNTY, F'LORION, BEING MORE PARTIC'JLARLY DESCRIBED AS FO':"LO'''S t . BEGlN AT TPE SOUTHWEST COwrEIt OF SECTION 10, TOWlfSH~P 48 SOUTH, RANGE 2!S EA.:T, COLLIER COUNTY, FLORIDA, THENCE RUN N. 03' 05 f 30" ,.,., ALONG THE "'~ST LINE OF THE SoUTHWEST 1/4 of SAID SECT~ON 10, FOR A DISTANCE OF 1318.46 FEET TO THg.NORTHWEST COrolER OF ~E SOUTH 1/2 OF THE SOUTHWEST 1/4. 01' SAID SECTION 101 : THEUCE RUN N. 89' 59' 4;," E., ALONG THJ' NORTH LIIlE OF THE SOUT~ 1/2 of THE SOUTHWEST 1/4 of SAID SECTI'JN 10, FOR A DISTANCE OF 17$3.41 FEET TO A POINT ON THE WESTEltLY R' GHT-Ot'-WAY LINE 01 OLD T~IAKI TRAIL, FLORIDA ST~TE ROAD NO. 45 (c.n. S8?, FORMERL' U.S. ~1), A 150.00 FOOT RIGHT. JF-WAY: THENCE J UN S. 31' 22 f 30" W., ALOtlG SAID WESTERLY RIGHT-Or-WhY LurE, FOR A DISTANCE OF 917.: 9 FEET r. THENCE: RUN N. 90' 00 f 00" W. FOR A DISTANCE or 620. 3~, FEET;' THENCE RUN S. 11'18'3';11 E. FOR'A ,ISTANCE OF 97.82 FEET;: THElrCE AU,., S.02'23'46" E. FOR A I'rSTANCE OF 134.5~ FEET::.THENCE RUN s. 20'01'14" W. FOR A DISTANC~ of 138.74 FEET:: THENCE RUN S. 03'08'37" W. FOR A DISTAlICE Of" 44.00 FEET '1'0 A POINt 130.00 FEET NORTH!RLY OF, AS ~ASUR.ED AT RIGHT ANGLES TO, THE SOUTk LINE OF THE SOUTHWEST 1/. O~ SAID SECTIoN 101 THtNCE PJN S. 8~'S2'''7'' E., PARALLEL WI'1'H THE SOUTH LX?fE of THE SOUTHWES'l 1/4 OJ' !SAIO SECTION 10, FOR A OISTANCE 07 398." FEET TO A POINT O~" THE WESTERLY RIGHT- OF-WAY LINE ,01' FLORID) STATE ROAD NO. 451: THENCE RUN S. 31'22'30" W., ALONG S~:D WESTERLY RIGHT"OF-WAY LINE, FOR A DISTANCE OF, 152.07 FEET ,'0 A POINT ON TH!' SOUTH ;LINE OF THE SOUTHWEST 1/4 OF SAID SECT1')N 101 TJfENCE RUN N. 89'52'47" w., ALONa THE SOUTH I;INE OF THE SO' rHWES'l' 1/4 OF SAID SECTION 10, FOR A DISTANCE ,OF 878.25 FEET TO!.'H! PQ~NT 0" J3EGINNIN.>>,. CON1'AINING 35.25 ACRES, M"RE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRIlrIONS OP RECORD. , . 'I BEARINGS REFER TO THOSE AS SHOWN ON THE STATE i;F FLORIDA DEPARTMENT -, or TRANSPORTA'1"IOlf RIGHT-OF "WAY HAP OF STATE rtoAD No. 45, SECTION 0301-250, COLLIER COUNTY, ~LORIDA, SHEET 3. I