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