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CCPC Agenda 12/19/2013 R CCPC MEETING AGENDA DECEMBER 19, 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, DECEMBER 19, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA-PL20130000476: An Ordinance amending Ordinance Number 97-70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an additional accessory structure with up to 350 square feet of area for cooking, laundry, storage or recreational activities. The subject property is located on the east side of Collier Boulevard (SR-951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 101.3+/- acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] Page 1 of 2 9. ADVERTISED PUBLIC HEARINGS A. PL20120002382/CPSS-2013-1: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida specifically amending the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan to establish the Bayshore/Thomasson Drive Subdistrict to allow up to a maximum of 108 market rate, multi-family dwelling units through the use of 79 dwelling units from the existing density pool provided for within the Bayshore/Gateway Triangle Redevelopment Overlay for property located at the northeast corner of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92± acres; and furthermore recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [Companion to Petition PUDZA- PL20120002357] [Coordinator: Michele Mosca,Principal Planner] B. PUDZA-PL20120002357: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92+/- acres; and by providing an effective date. [Companion to Petition PL20120002357/CPSS-2013-1] [Coordinator: Kay Deselem, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 2 of 2 AGENDA ITEM 9-A C,co e-r Co,�, IVLty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: December 19, 2013 RE: PETITION CPSS-2013-1/PL20120002382, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PUDZA- PL20120002357) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Cirrus Pointe Partners, LLC 516 Commerce Drive Apopka, FL 32703 Owners: Cirrus Pointe Partners, LLC 516 Commerce Drive Apopka, FL 32703 I. GEOGRAPHIC LOCATION: The subject property, comprising ±9.92 acres, is located within the Bayshore/Gateway Triangle Redevelopment Overlay at the northeast corner of the Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, located within the East Naples Planning Community. Agenda Item 9B Ito _ F -'3 , rZ.,. +�'' is. x.' : +. '.µ+ti, , ,,.. . .. •-0."i. `t• 4' 7 , r�- � �-- 7 CiY,„ .•,.; ,.. ..ib r 4 `' . , ' e'. s'ff a,e '#;,. R l e i . i 1,1 h p $ I . l ;t ; i '�5 , '>b, 1\i‘,4 1i : 4. €M^ � 4 y.. { ray '�,. . - !-• i ga. ` G $ ., -a..ww– "..4z.,. -kb.vas .„ r41I'4 ' ' ' ' ,-- – le. ^ V .:::* 4;4 k''SW"4,t'I'' `:' .'"-..: * ; ' — YP h.r tr, . ‘ -t 1 At"; t . - 0 ._ 7„,\.. ,...0, -. ,.. ..•,....: it. - -...-ziaiiiiii.„ ,.:4'f' 4._, :, ,',r-A.' ..". ,N4f":„:17-'" -i:'''k' ;-lila,:`,,,..-:,—Cf"m--,),1,; II. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text, Future Land Use Map and Future Land Use Map Series by: 1. Establishing the Bayshore/Thomasson Drive Subdistrict on 9.92+ acres within the Urban designation (Urban — Mixed Use District) and within the Bayshore/Gateway Triangle Redevelopment Overlay, and providing for the proposed residential density and certain development standards; 2. Amending Policy 1.1 to add the Bayshore/Thomasson Drive Subdistrict; and 3. Revising the Future Land Use Map to depict the new Subdistrict and creating a new Subdistrict Map as part of the Future Land Use Map Series. The proposed amended Subdistrict text is as follows: (Single underline text is added — as proposed by the petitioner. Staffs recommended modifications to the text can be found at the end of this Staff Report and within the Ordinance Exhibit A.) I. URBAN DESIGNATION A. URBAN MIXED USE DISTRICT 17. Bayshore/Thomasson Drive Subdistrict [new text, page 46] 2 Agenda Item 9B This Subdistrict is applicable to the property located within the Bayshore/Gateway Triangle Redevelopment Overlay in the northeast quadrant of the intersection of Bayshore Drive and Thomasson Drive, and comprised approximately 9.92+/- acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate multi-family dwelling units on this infill property. Development in this Subdistrict shall be approved through the PUD rezoning process. Buildings shall be limited to a maximum of 3-stories of living area over a single level of parking. Based on the density provisions in the Bayshore/Gateway Triangle Redevelopment Overlay, the project would qualify for 29 base dwelling units. The developer shall be permitted to utilize 79 dwelling units from the existing pool of dwelling units established in the Bayshore/Gateway Triangle Redevelopment Overlay in order to achieve the maximum 108 dwelling units within this Subdistrict. II. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to establish the Bayshore/Thomasson Subdistrict on 9.92+ acres to allow up to 108 market rate, residential multi-family units through the use of 79 dwelling units from the existing density pool provided for within the Bayshore/Gateway Triangle Redevelopment Overlay and 29 base density units. III. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject 9.92± acres is undeveloped; zoned RPUD-BMUD-R2, Cirrus Pointe Residential Planned Unit Development — Bayshore Mixed Use District — Residential 2 Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. Surrounding Land Uses: North: Residential multi-family residences (Abaco Bay Condominium); zoned PUD, Pinebrook Lakes Planned Unit Development; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. South: Across Thomasson Drive, Del's Convenience Store; zoned C-5-BMUD-NC, Heavy Commercial District, Bayshore Mixed Use District — Neighborhood Center Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area; and, residential multi-family units, zoned RMF-6-BMUD- R2, Residential Multi-family (6 units/acre), Bayshore Mixed Use District, Residential 2 Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. West: Across Bayshore Drive, undeveloped acreage; zoned C-3-BMUD-NC, Commercial Intermediate District, Bayshore Mixed Use District — Neighborhood Center Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. 3 Agenda Item 9B • The creation of the Overlay provided for 388 residential density bonus units from the rezoning of the Botanical Gardens property. These bonus units could be reallocated throughout the Overlay to increase density as an incentive for the development of mixed use projects that met certain criteria. • Relevant to this petition, the Overlay was amended in 2013 (Ordinance No. 13-42) to also allow utilization of the density bonus pool for residential-only projects that: (1) have a maximum density of 8 DU/A; (2) utilize no more than 97 density bonus pool units; (3) are rezoned to PUD; (4) are a minimum of 3 acres; (5) constitute redevelopment of the site; and, (6) consist of market rate units only. The proposed Subdistrict is for property located within the Bayshore/Gateway Triangle Redevelopment Overlay, and allows a residential-only project that meets the above stated criteria except: the maximum density exceeds 8 DU/A and this is not a redevelopment site. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report and provided the following comments: • The environmental information provided for this amendment was the same as provided with the original PUD and is typically more detailed than required for a GMP amendment. No listed species have been documented on the project site and given the location of the site, not likely to occur on the property. The Florida Fish and Wildlife Conservation Commission on-line bald eagle nest locator was checked by staff and no bald eagle nests or nest protection zones are located on the subject property. Native vegetation for retention for the site has been previously identified on the PUD master plan. • The proposed GMP amendment will have no effect on the requirements of the Conservation and Coastal Management Element (CCME), including that of retention of native vegetation. Historical and Archeological Impacts: • The subject property is not located in an area of historical and archaeological probabability, as shown on the County's Historical/Archaeological Probability maps. A letter received on February 27, 2013 from the Florida Master Site File, indicates no previously recorded cultural resources on the project site. The project will be subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). 3) Public Facilities Impacts: • Transportation: The subject project proposes no greater intensity than what is currently allowed by the Growth Management Plan. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period, and the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan without mitigation. • Water: The subject project will be served by the City of Naples potable water service area. The anticipated demand for potable water for the project is 82,620 gallons per day. The City of Naples does not object to the proposed GMPA. 5 Agenda Item 9B • Wastewater: The subject project will be served by the Collier County Sewer District. The anticipated demand for wastewater for the project is estimated at 23,868 gallons per day. • Solid Waste: The service provider is Collier County Solid Waste Management. The 2012 AUIR identifies that the County has sufficient landfill capacity up to the year 2065 for the required lined cell capacity. The project construction time line is approximately 24 to 36 months. • Drainage: Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. • Park and Recreational Facilities: There will be no adverse impacts to park facilities from the proposed development. • Schools: There will be no adverse impacts to public school facilities from the proposed development. • EMS and Fire: The subject project is located within the East Naples Fire District. The nearest fire station and EMS services are located approximately one-half mile from the project site. The establishment of the Subdistrict with the proposed residential multi- family units is anticipated to have minimal impacts on these safety services. 4) Justification and Compatibility: • Justification: The applicant's justification is that this is an infill project, adequate infrastructure is available, the project is within walking distance to area amenities and services, and, the requested density is necessary for financial feasibility. This petition has the support of the CRA staff and Advisory Board. However, the proposed Subdistrict is not consistent with the amendments to the Bayshore/Gateway Triangle Redevelopment Overlay adopted by the Board of County Commissioners earlier this year — it exceeds the maximum density of 8 DU/A and is not a redevelopment project. • Compatibility: To the east is single-family development, within the BMUD-R2 zoning overlay with a height limitation of 35 feet; one-story structures are immediately to the east and further to the east, across the local street, is a mixture of one and two-story structures. To the south, across Thomasson Drive, is a one-story convenience store within the BMUD-NC zoning overlay with a height limitation of 56 feet; and, a mixture of undeveloped lots and one-story single family development, within the BMUD-R2 zoning overlay. To the west, across Bayshore Drive, is undeveloped land within the BMUD-NC zoning overlay. To the north is a two-story multi-family development, zoned PUD (Pinebrook Lakes) with an allowed height of three stories. The proposed Subdistrict provides for three-stories over parking; for all surrounding lands, the Future Land Use designation is silent to height limits. Though the proposed Subdistrict allows higher profile structures than are allowed on surrounding properties, Comprehensive Planning staff defers to Zoning staff for compatibility analysis as part of the rezoning process when the entire project is evaluated (building heights, setbacks, buffering, building mass, building orientation, etc.). VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: Refer to the NIM document immediately following this Staff Report. 6 Agenda Item 9B VII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns. • There are no adverse environmental impacts as a result of this petition. • The petition would allow for a project of the same density as is presently approved on the site; however, the project would shift from affordable housing to market rate housing and the density above the base density would be achieved from the density bonus pool within the Overlay. • There are 388 density bonus pool units provided within the Overlay; all but approximately 10 remain available. These units are available for reallocation as an incentive for qualifying redevelopment projects. The proposed project would reduce the density bonus pool by 79 units to about 300 units. • The Affordable Housing Advisory Committee heard the applicant's presentation on this project at their August 19, 2013 meeting, but took no formal action. • The Community Redevelopment Agency (Bayshore/Gateway Triangle) Advisory Board heard the applicant's presentation on this project at their June 4, 2013 meeting and voted 6-1 to support the project. • The Interim Executive Director of the CRA (Bayshore/Gateway Triangle) provided an email to Comprehensive Planning staff, dated September 12, 2013, in support of the petition. • The proposed Subdistrict meets the Overlay criteria approved by the Board of County Commissioners earlier this year, for a residential-only project, except that the project exceeds the maximum density of 8 DU/A and does not qualify as a redevelopment project. VIII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's office. IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CPSS-2013-1 to the Board of County Commissioners with a recommendation not to approve for adoption and transmittal to the Florida Department of Economic Opportunity. This is based on the Board of County Commissioners action taken earlier this year in adopting the amendment to the Bayshore/Gateway Triangle Redevelopment Overlay that established a density bonus provision for residential-only projects. However, should the CCPC recommend approval, staff recommends the following revisions for the purpose of clarity and proper format. Words in single underline are added — as proposed by the petitioner; words in double underline are added and words in double ot.r.ike414Foog44 are deleted —as proposed by staff. 17. Bayshore/Thomasson Drive Subdistrict [new text, page 46] This Subdistrict is located within the Bayshore/Gateway Triangle Redevelopment Overlay ift at the northeast corner of the Bayshore Drive_ and Thomasson Drive inter - i•n and com•rises a••roximatel 9.9244- acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate} multi-family dwelling units Development in this Subdistrict shall be consistent with paragraph 5 of the Bayshore/Gateway Triangle Redevelopment Overlay, except this undeveloped site does not constitute redevelopment and the maximum density allowed shall be 10.9 dwelling units per acre for a maximum of 108 dwelling units (achieved through the utilization of 79 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment •verl- -n• 29 •as- •\N-1 . • _i or whi h th- site • -I -- - _-- - _ Buildings shall be limited to a maximum of 3-stories of living area over a single level of parking. '-_: :- -- -- 7 Agenda Item 9B Prepared By: Date: /7 - z - o R.e M ,AICP, Principal Planner Comprehe ve Planning Section, Planning and Zoning Department Reviewed By: Date: J `- 2 - David Weeks,AICP, Growth Management Plan Manager Comprehensive Planning Section, Planning and Zoning Department Reviewed By: Date: Michael Bosi, AICP, Director Planning and Zoning Department I Approved By: _.. Date: l 3 Nick Casalan: id ministrator Growth Managem nt Division Petition Number: CPSS-2013-1 Staff Report for December 19, 2013 CPCC meeting NOTE: This petition has been scheduled for the February 11, 2014 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN 8 Cirrus Pointe PUD Petition PUDA-PL2012-2357 and Petition CP2013-1 Neighborhood Information Meeting March 25, 2013, 6:00 p.m. Wayne Arnold, agent for the applicant opened the meeting at 6:10 p.m. and introduced himself and Sharon Umpenhour with Q. Grady Minor and Associates, P.A., Richard Yovanovich with Coleman, Yovanovich and Koester, P.A., representing the owner/developer, Jim Fields representing the property owner/developer, Kay Deselem and Michele Mosca representing Collier County Zoning and Growth Management Departments. There were approximately twenty members from the public in attendance. A sign-in sheet was provided. Mr. Arnold began the information meeting explaining the project as it exists and then proceeded to explain the proposed petition requests. He explained the project would increase from 108 units to 144 units and that a new subdistrict in the Comprehensive Plan had been filed to permit the 144 units on the property. He also indicated that the project was to become a rental apartment community. An aerial exhibit and existing and proposed Master Plans were displayed. Wayne showed the existing Master Plan and then the proposed plan and explained that the footprints have been revised slightly. He explained the building height had not increased but was now listed as 50 feet zoned and 60 feet actual rather than the previously approved 40 feet or 3 stories over parking and the reduction in the southern landscape buffer request was due to the 60 foot right-of-way width for Thomasson Drive. Wayne showed a color rendering of the building elevation and explained that the project name would be changing to Solstice RPUD. Rich Yovanovich mentioned that the project would be a market rate rental community and that 44 units would be rented to residents meeting the GAP housing standards for Collier County. He was asked to explain market rate rental and GAP housing and proceeded to explain that the project was not low income but geared towards people who could not afford high rent but didn't qualify for low income. GAP was the term used for people having incomes between 80%and 150%of the median income. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Attendees asked several questions regarding the project which included areas such as project and building security. Jim Fields indicated that the project would have a gated entry and security fencing. He further explained that the parking garage below each building would have a secure entrance for vehicles and that the elevators and stairwells would also have secured entrance doors. Page 1 of 4 Other areas of questions related to project timing, landscape buffers, term of rental length, and project building materials. Mr. Arnold, Mr. Yovanovich and Mr. Fields addressed the attendee's questions. Mr.Arnold reminded the audience that no hearing dates have been scheduled and offered to provide any additional information if requested and to contact, Kay Deselem, Michele Mosca, Sharon Umpenhour or himself if anyone had further questions. The meeting was adjourned at approximately 7:05 p.m. More specifically questions asked are as follows: How many buildings are there? A total of six buildings are proposed. Will the affordable housing be in each building? No,not specific to a building. So could you please explain what is market rental and instead of doing affordable you are doing GAP? But it's not affordable housing? Rich Yovanovich explained the difference of the two and further explained how GAP work and what the requirements are. He also explained the median income. How big are the units? The units are from 830sf to 1300sf Is there a covenant that runs with it that says you could never rent it, you could always rent it, no one will ever be able to buy it,you can buy it in the future,what's the plan? We do not have a commitment that prohibits from condo conversion. How many parking spaces assigned to each unit? 1 or 2 depending on apartment size. Every unit will have a secured parking stall below building. Who is the owner who will be renting these? Cirrus Point Partners. Do you have a track record of owning other properties like this? Yes,mostly assisted living. Are there a maximum number of occupants per unit or per square feet? There is a County code requirement. What would happen if you didn't add the additional units but kept it at 108,would they be larger units,possibly more appealing? The infrastructure cost determines the units and the bank wanted more units. Page 2 of 4 Is this going to be a gated community? We are proposing a gated entry. How do you define gated? You will have to be a resident to enter. You will need a fob to enter the unmanned gate. How sturdy will the gate be because people would still get in? Garages would be secured so only the resident could enter with a code. Are there ground level entrances? Secure stairwells on each end with stairs and elevators.No living units on ground floor. Are you planning on installing peep holes in the doors? Yes and there will be security cameras. What sort of buffer between project to the north? Most of the northern buffer is preserve and there will be an LDC required buffer where there is no preserve. How about lighting? Will there be lights behind the buildings? There is not a need for excessive lighting except for security because there is a preserve and no vehicle access behind the buildings. You said the rent is $900 to $1200 is that$ 900 for affordable units or will they be lower than that? Base rent is$900 a month and those would meet the GAP criteria. Could you talk more about the income qualifications to be able to afford the $900 unit what's that income level. The median income was $72,000 for a family of 4 that would be $100,000 a year. A family of one would be$60,000 for a family of one would qualify for GAP housing. They sign a lease for $900 a month and then you make up the difference because you have the grant money? There is no difference, there is no grant money, there has to be 44 occupants that have to meet the GAP guidelines if not then after 5 years the money has to be paid back to the County. Will there be any restrictions so that people don't rent out by the month or week? There will be restrictive covenants to prevent that. All leases will be for 12 month minimum. You said you are decreasing buffers? Only on Thomasson Drive,because of the sidewalk that was built on the property. Page 3 of 4 If you found the market demanded a higher price point would you stay with the 108 instead of the 144 proposed? With the cost to build it is more cost effective to build the 144 units. Did I not read you could not get the financing from the bank unless you did the 144 units? That is correct. What's going to make your project different from other rental projects? Will be an annual lease, income levels are not low it will be a quality rental program. Each unit will have a secure entry and the community will be gated. Will the quality of construction be better than Botanical Gardens? This will be concrete block and precast concrete. If everything goes as planned when will you be ready to construct and when will the units be ready for rental? Plan to start construction by end of the year and the units will be finished within 18 to 24 months. All infrastructure will be built at the same time. Are the elevators going to require a card to go up? Yes entry card will also be keyed to the elevator Are you fencing all the way around? Yes. During construction will you be blasting? No blasting. Who is going to be your general contractor? Working with Don Garrett right now Do you have a management company in mind? Not at this time. Will there be a gated entrance on Bayshore? No,there is no access on Bayshore only Thomasson. Will there be a pool? Yes,there are plans for a community pool. Is there going to be an updated website? Yes, it will be updated. Page 4 of 4 THE BAYSHORE/ GATEWAY TRIANGLE REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAx 239..775.4456 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE MAY 7, 2013 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Mr. Steve Main at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Larry Ingram, Steve Main, Maurice Gutierrez, Karen Beatty, Peter Dvorak, Chuck Gunther and Mike Sherman. CRA Staff Present: Jean Jourdan, Interim Executive Director, Jean Jourdan, Ashley Caserta, Project Manager, and Ekna Guevara, Operations Coordinator. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve the agenda. Motion: Larry Ingram. 2nd: Mike Sherman. Approved 7-0. 3. Adoption of Minutes: Mr. Main asked for a motion to approve the.April 2, 2013 meeting minutes. Motion: Maurice Gutierrez. 2"d: Karen Beatty. Approved 7-0. 4. Executive Director's Report: a. CRA Project Updates. 1- CAPA 17 acre: Staff reported that on March 12, 2013 the BCC reviewed CAPA's offer letter and CRA staff was directed not to proceed with obtaining professional real estate services and work with CAPA on an offer. The purchase requisition was approved by the Purchasing department and a Notice to Proceed was provided on April 9th to obtain an appraisal for the property. Completion to be on or before May 9th. 2- Growth Management Plan Amendment: Staff reported that the first sufficiency review has been completed by County staff and comments were received on August 21, 2012. CRA staff responded to the insufficiencies on August 24th. The application was found sufficient by County staff and was heard at the Planning Commission on November 1, 2012. The Planning Commission voted unanimously to forward the amendment to the BCC with a recommendation to approve and transmit to Tallahassee. On January 8, 2013 the BCC voted unanimously to forward to amendment to Tallahassee for transmittal, once approved by Tallahassee the amendment will go back to the Board for adoption (amendment permits mixed use north of Davis Boulevard and the density bonus pool units to be utilized in PUDs_ No objections from Tallahassee received 2/13/ and the next step is for adoption. Mark Strain of the Collier County Planning Commission requested language changes to the amendment regarding the density bonus units being utilized within residential only PUDs to be limited to redevelopment and bring back May 2 which was approved at that meeting. 3-Residential Lots: Closed on April 5th 4- Gateway Triangle Stormwater Improvements Construction Update: Construction of the Tertiary Stormwater System Improvements in the residential section of the Gateway Triangle began in late June. Staff is working with the May 1,2012 CRA-AB Minutes Page 1 consultants to address the corrections and repairs. Commissioner Fiala suggested we invite Stormwater Management to do a presentation for us. 5-Mini Triangle RFP: On hold until further notice. 6- Andrew Drive (FP&L Lights): Staff conducted a site visit and identified properties with existing power poles where lights may be suitable. Letters were sent to survey whether the property owners were in favor of having FP&L install a light at their locations. Ms. Ekna Guevara will be assigned to this project. 7- Cirrus Point n/k/a/ Solstice: Mr. Jim &Attorney Rich Yovanovich attended the December 4, 2012 CRA Advisory Board meeting. Mr. Fields requested the CRA-AB support a Growth Management Plan Amendment that would permit his development to seek up to 114 units from the density bonus pool to develop 14.4 residential units per acre. The CRA has A GMPA going to the BCC for adoption on May 28th that limits residential development utilizing the bonus density pool to a maximum of 8 units an acre and no project could receive more than 97 units. Presently there is no means to acquire units from the density bonus pool for residential only projects. Staff explained the details entailed with the project. Commissioner Fiala spoke regarding concerns she has for this project and how it will impact our redevelopment area. Maurice explained that the project was presented as high end housing. Discussion among members led to conclude that they withdraw their support for Cirrus Point pending more information regards the project. Motion by: Chuck Gunther. 2°d: Larry Ingram.Approved: 7-0. b. MSTU Project Updates: 1- Staff gave a brief report regarding the Bayview and Lunar Street projects. Bayview will go forward but Lunar has unresolved issues which we are working on. 5. Requests for Payments: None 6. New Business: a. Welcome employee Ekna Guevara b. CRA Loan Update: The Finance Department has successfully negotiated to refinance the CRA's loan with Fifth Third Bank. The loan agreement is scheduled for approval by the CRA Board on May 14th c. CRA Office Space: Staff conducted a study of available office space within the redevelopment area and rental rates. Three office spaces were identified that are visible from Bayshore Drive. A fourth office space was identified on Shadowlawn Drive and is made up of two separate offices. One space could accommodate CRA offices and the other could serve as the CRA's meeting space. CAPA has expressed an interest in relocating with the CRA if there is space. Staff also mentioned that per the MSTU board they agreed to pay up to $10,000 toward our move so long as we stay within Bayshore. Jim Torrey who is the owner of one of the possible rental spaces attended and added to say that he is willing to give us 3months free of rent. Motion to approve by Maurice Gutierrez. 2nd Larry Ingram. Approved: 7-0 d. Linda Drive (Presentation Paul Rosen): Mr. Paul Rosen owns lots on Linda Drive and has requested to gain approval from the Advisory Board for the provision of a gate at the entrance of Linda Drive that would open when any vehicle approaches. There was a motion to support the concept. Motion: Peter Dvorak. 2"d: Maurice Gutierrez.Approved: 6-1 (Larry Ingram dissenting). e. Logo and Branding: Staff proposed the CRA adopt and utilize the MSTU's slogan "Creativity in Bloom" and their logo for utilization by all our agencies (the MSTU has authorized the CRA use of the same). Mike Sherman mentioned we May 1, 2012.CRA-AB Minutes 2 should hold a discussion forum and have a full marketing plan although the direction we are going is right. Motion to work w/the other two agencies to agree on a common logo and slogan and that we use the initial work done by the MSTU. Motion by: Mike Sherman. 2"d: Maurice Gutierrez.Approved: 7-0. f. Summer Break: Members discussed our summer schedule and agreed on the following meeting dates: June 4, 2013 & September 10, 2013. g. CRA Advisory Board Applicant-Interviews: The Local CRA Advisory Board positions were advertised and there were five (6) applications received. 1- Karen Beatty reapplied as a Bayshore Resident. Motion to reappoint Karen Beatty. Motion by: Steve Main. 2"d: Maurice Gutierrez. Approved: 7-0. 2- Peter Dvorak reapplied as a Member At Large. Motion to reappoint Peter Dvorak. Motion by: Steve Main. 2nd: Maurice Gutierrez. Approved: 7-0. 3- Chuck Gunther reapplied as a Gateway Resident. Motion to reappoint Chuck Gunther. Motion by: Steve Main. 2"d: Maurice Gutierrez.Approved: 7-0. 4- Michael Corradi applied as a Davis Blvd Business Owner. Michael spoke on his behalf and mentioned his desire to join the CRA. Motion to approve Michael Corradi as a new member of the CRA made by: Karen Beatty. 2"d: Steve Main. Approve: 7-0 5- John Flathers applied as an At-Large member but was not present to introduce himself. Shane Shadis applied as an At-Large member and spoke on behalf of himself explaining his desire to be more involved in the community within the Bayshore Area. Members voted 5 for Shane Shadis and 2 votes for John Flathers. Motion to recommend to the BCC the elected applicants made by: Maurice Gutierrez. 2nd: Karen Beatty. Approve: 7-0. 7. Advisory Board General Communications 8. Citizen Comments. None. 9. Ad'o,i-nmen.: Mai adjourned the meeting. Apero e. -nd forwarded by Steve Main, CRA-AB Chairman. May 1,2012 CRA-AB Minutes 3 THE BAYSHORE/ GATEWAY TRIANGLE REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JUNE 4, 2013 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Larry Ingram, Steve Main, Maurice Gutierrez, Karen Beatty, Peter Dvorak, Chuck Gunther and Mike Sherman, Shane Shadis, Michael Corradi (excused). CRA Staff Present: Jean Jourdan, Interim Executive Director, Ashley Caserta, Project Manager, and Ekna Guevara, Operations Coordinator. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve the agenda. Motion by: Peter Dvorak. Second: Maurice Gutierrez. Approved 7-0. 3. Adoption of Minutes: Mr. Main asked for a motion to approve the May 7, 2013 meeting minutes. Larry made a correction to item 6.d. should read "Approved 6 to 1 with Larry dissenting". A motion was made to adopt the minutes with changes. Motion by: Peter Dvorak. Second: Chuck Gunther. Approved 7-0. 4. Executive Director's Report: a. CRA Project Updates. 1- CAPA 17 acre: Staff reported we have received the appraisal and has been submitted to CAPA for review. A representative of CAPA, Chick Heithaus, was present and mentioned that CAPA may not have enough time to review the 100+ page appraisal before the last BCC meeting before the summer break. 2- Growth Management Plan Amendment: Staff reported that the GMPA was approved by the BCC on May 28, 2013 and should go into effect in July. 3- Residential Lots: Staff reported that the Developer has submitted plans for the lots on Linda Drive lots and will begin construction June 15t. Also, the Van Buren lots are planned to be constructed early next year. 4-Gateway Triangle Stormwater Improvements Construction Update: Staff is working with consultants to address any repairs or corrections needed. 5-Mini Triangle RFP: On hold until further notice. 6-Andrew Drive(FP&L Lights): Ekna has been assigned to this project. 7-Cirrus Point n/k/a Solstice: Ms. Jourdan informed the CRA-AB that the item would be discussed under new business. June 4,2013 CRA-AB Minutes Page 1 8- CRA/MSTU Offices: The documents have been reviewed and approved by the County Attorney's Office and is scheduled for the June 25, 2013 Board meeting. b. MSTU Project Updates: 1- Landscape Updates include a repair by Ground Zero who repaired an irrigation line break and replaced the shrubs in front of La Piñata. 2-The Bayview and Lunar project is continuing their process. 3-Ashley will be a member of the selection committee for the Thomasson Drive project which will last about 12 to 18 months. 4-On Danford Street volunteers continue to get the required responses. 5- There was a streetlight which was hit by car in front of La Piñata. This has since been replaced. 6- Lights on Collee Court, Gordon Street and Peters Street are on their way. 5. Requests for Payments: Motion to pay bill made by: Karen Beatty. Second: Maurice Gutierrez. 6. New Business: a. Welcome New Advisory Board Members: Shane Shadis and Michael Corradi. Jim Fields (Question &Answer): Present was Richard Yovanovich who made a presentation on the 10acre parcel off Thomasson/Bayshore. The project is allowed 29 dwelling units. They are requesting the CRA support their request for 79 units from the density bonus pool which will be added to the project totaling 108 units. These units would range from 1,400 to 2,000 sq. ft. and sell for mid $200,000 to mid $300,000. They also mentioned they will return the $320,000 which was granted to them for an Affordable Housing project which they no longer will build. They will pay a portion from every unit sold until full payment is received. Motion to support the project & their request for the 79 units from the density bonus pool. Motion by: Karen Beatty. Second: Steve Main. Approved 6-1 with Larry dissenting. b. Grant Application (Fire Suppression Upgrades): Staff informed the CRA-AB they had submitted the grant application prior to the submittal deadline and hopes to have a response within a few months. c. Community Garden: Staff presented the idea of a community garden in the Bayshore Community. Motion to conduct all necessary steps and plans gearing towards a community garden in the Bayshore CRA. Motion by: Chuck Gunther. Second: Karen Beatty. Approved 7-0. d. Next Meeting: September 3, 2013 7. Advisory Board General Communications. None. 8. Citizen Comments. None. 9. Adjournment: Mr. Main adjourned the meeting at 7:03. Approved and forwarded by Steve Main, CRA-AB Chairman. June 4, 2013 CRA-AB Minutes 2 ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN TO ESTABLISH THE BAYSHORE/THOMASSON DRIVE SUBDISTRICT TO ALLOW UP TO A MAXIMUM OF 108 MARKET RATE, MULTI-FAMILY DWELLING UNITS THROUGH THE USE OF 79 DWELLING UNITS FROM THE EXISTING DENSITY POOL PROVIDED FOR WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.92± ACRES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20120002382/CPSS-2013-1] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Cirrus Pointe Partners LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to establish the Bayshore/Thomasson Drive Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and Bayshore/Thomasson Drive Subdistrict Small Scale GMPA Page 1 of 3 PL201200023 82/CPSS-2013-1 10/23/13 Words underlined are added;words struck struek-thfeugh have been deleted; * * * indicates break in pages WHEREAS, the Collier County Planning Commission (CCPC) on December 19, 2013 considered the proposed amendments to the Growth Management Plan and recommended approval of said amendments to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendments to the Future Land Use Element of the Growth Management Plan on ,2014; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text and map amendment is attached hereto as Exhibit "A" and incorporated herein by reference. • SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Bayshore/Thomasson Drive Subdistrict Small Scale GMPA Page 2 of 3 PL201200023 82/CPSS-2013-1 10/23/13 Words underlined are added;words stfuek-threugh have been deleted; * * * indicates break in pages PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of January,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk GEORGIA A. HILLER, ESQUIRE Chairwoman Approved as to form and legality: Heidi Ashton-Cicko ' Managing Assistant County Attorney Attachment: Exhibit A—Proposed Amended Text and Maps CP\13-CMP-0087212 Bayshore/Thomasson Drive Subdistrict Small Scale GMPA Page 3 of 3 PL20 I 20002382/CPSS-2013-1 10/23/13 Words underlined are added;words struck through have been deleted; * * indicates break in pages EXHIBIT A CPSS-2013-1 FUTURE LAND USE ELEMENT Policy 1.1: * * * * * * * * * * * * * A. URBAN — MIXED USE DISTRICT * * * * * * * * * * * * * 17. Bayshore/Thomasson Drive Subdistrict * * * * * * * * * * * * * I. URBAN DESIGNATION * * * * * * * * * * * * * A. Urban Mixed Use District * * * * * * * * * * * * * 17. Bayshore/Thomasson Drive Subdistrict [new text, page 46] This Subdistrict is located within the Bayshore/Gateway Triangle Redevelopment Overlay at the northeast corner of the Bayshore Drive/Thomasson Drive intersection, and comprises approximately 9.92 acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate, multi-family dwelling units. Development in this Subdistrict shall be consistent with paragraph 5 of the Bayshore/Gateway Triangle Redevelopment Overlay, except this undeveloped site does not constitute redevelopment and the maximum density allowed shall be 10.9 dwelling units per acre for a maximum of 108 dwelling units (achieved through the utilization of 79 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 29 base dwelling units for which the site qualifies). Buildings shall be limited to a maximum of 3-stories of living area over a single level of parking. Words underlined are added;words struck though are deleted. 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SUBDISTRICT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 0 600FT 1200FT PILE CPSS-2013-1A.DWG DATE 10/2013 COPY YSHORE/iFH • IM° SSON DRIVE SUBDISTRICT APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 14 TOWNSHIP 50 SOUTH RANGE 25 EAST PREPARED FOR: Cirrus Pointe Partners LLC 516 Cooper Commerce Drive, Suite 200 Apopka, Florida 32703 BY: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 January 2013 Revised April 2013 Revised July 2013 Revised September 2013 Comprehensive Planning Unit Justification CPSS-2013-1 Bayshore/Thomasson Drive Subdistrict The original application submittal requested a maximum of 144 multi-family dwelling units to be constructed within the new Sub-district, and required a portion of the units to be marketed to those qualifying under the GAP housing guidelines. The application has been amended to permit a maximum of 108 multi-family dwelling units and none of the units are required to be marketed to buyers meeting GAP, or any other affordable housing income standard. The requested 108 dwelling units is consistent with the number of dwelling units previously approved on the site throughrtIre appl-rcatiou of CoTlierCounty-affordable--housing density-bonus-provisions. Under the recently amended density provisions for the Bayshore and Gateway Triangle Redevelopment Area, the site cannot quality for 108 dwelling units without use of the affordable housing density bonus provisions. 108 dwelling units has been determined by the property owner to be the minimum number of units necessary to deliver a market rate for-sale multi- family development, with a positive return on the investment. The amended plan text will rely on the use of the density bonus pool units to obtain the difference between the base number of dwelling units and the requested 108 dwelling units. Should the proposed Subdistrict not be approved, the property owner will develop the property consistent with the approved zoning which authorizes development of affordable housing units. After discussions with the Bayshore CRA Advisory Board and area representatives, the stated preference for development of the subject vacant property is for market-rate, for-sale dwelling units. However, the recently approved amendments to the Future Land Use Element of the Growth Management Plan, do not make provisions for obtaining additional density for a residential project on a vacant undeveloped land parcel. Staff, in support of the recently adopted amendments identified five parcels of land in the Bayshore Drive and Gateway Triangle Redevelopment Area which might be candidates for use of the density bonus units. The identified properties are presently developed or have previously been developed and are now vacant. Staff did not identify the subject property as a site that might benefit from the use of the density pool units. The subject property is undeveloped, but clearly represents an infill development parcel. Under the standard density provisions in the Future Land Use Element of the Growth Management Plan, the subject property can qualify for only a maximum density of 3 dwelling units per acre, without the use of affordable housing density bonus units. While other infill incentives are permitted elsewhere in the Future Land Use Element, the provisions are not applicable to the subject property. In reviewing aerial photographs of the Bayshore redevelopment area, it appears that the subject property and possibly a few other parcels south of the terminus of Bayshore Drive remain undeveloped. The subject property is in an ideal location with very good proximity to urban infrastructure including roads, water and sewer. The infill property is within walking distance of many of the area amenities and services such as shopping, dining public parks and the Naples Botanical Garden. Description of Proposed Amendment CPSS-2013-1 Bayshore/Thomasson Drive Subdistrict The small-scale amendment pertains to properties located in the northeast quadrant of the intersection of Bayshore Drive and Thomasson Drive. The amendment proposes to modify the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, Bayshore/Gate way Triarrgie-Redeve-1pmentOverlay-to-estabiishranew-subdistrict-known as the Bayshore/Thomasson Drive Subdistrict. The new subdistrict provides for the development of 108 market rate multi-family dwelling units. The small-scale amendment is being processed concurrently with a PUD Amendment to the Cirrus Pointe RPUD, which will include uses and development standards consistent with this new subdistrict. APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT This application,with all required supplemental data and information,must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department,Suite 400,2800 North Horseshoe Drive,Naples,Florida 34104.239-252- 2400(Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing.The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18(both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant Paul Wolmarans Company Cirrus Pointe Partners LLC Mailing Address 516 Cooper Commerce Drive, Suite 200 City Apopka State FL Zip Code 32703 Phone Number 407.435.8677 Fax Number B. Name of Agent*Wayne Arnold • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm Q. Grady Minor and Associates, P.A. Mailing Address 3800 Via Del Rey City Bonita Springs State FL Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnoldt gradyminor.com Company/Firm Richard D. Yovanovich, Esq, Coleman, Yovanovich and Koester, P.A. Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State FL Zip Code 34103 Phone Number 239.435.3535 Fax Number 239.435.1218 Email Address ryovanovich(crcyklawfirm.com C1. Name of Owner(s) of Record Cirrus Pointe Partners, LLC Mailing Address 516 Cooper Commerce Drive, Suite 200 City Apopka State FL Zip Code 32703 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. EXHIBIT ID Page 1 of 5 CPPA IL DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Cirrus Pointe Partners LLC 100% 516 Cooper Commerce Drive Apopka, Florida 32703 Paul G.Wolmarans, Manager E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Page 2 of 5 CPPA G. Date subject property acquired (2005) leased ( ): Terms of lease_yrs/mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: _ H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. Containing 9.92±acres, more or less. B. GENERAL LOCATION Subject property is located on the northeast quadrant of Bayshore Drive and Thomasson Drive. C. PLANNING COMMUNITY East Naples D. TAZ 288 E. SIZE IN ACRES 9.92± F. ZONING Cirrus Pointe RPUD (Ord. 5-63) G. SURROUNDING LAND USE PATTERN: Urban (Mixed Use District, Urban Coastal Fringe Subdistrict, Bayshore/Gateway Triangle Redevelopment Overlay) ZONING: PUD, C-5 (BMUD-NC), RMF-6 (BMUD-R2), C-3 (BMUD-NC) and RMF-6 H. FUTURE LAND USE MAP DESIGNATION (S) Urban (Mixed Use District, Urban Coastal Fringe Subdistrict, Bayshore/Gateway Triangle Redevelopment Overlay) IV.TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S) OR SUB-ELEMENT(S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element ✓ Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE(S) 118 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please see Exhibit IV-B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Designation Mixed Use Subdistrict, Urban Coastal Fringe Subdistrict,Bayshore/Gateway Triangle Redevelopment Overlay TO Bayshore/Thomasson Drive Subdistrict D. AMEND OTHER MAP(S)AND EXHIBITS AS FOLLOWS: (Name & Page#) N/A no map changes proposed E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A Page 3 of 5 CPPA V. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1" = 400'. At least one copy reduced to 8%x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A.1 Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning)with subject property outlined. Exhibit V.A.2 Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A.2 Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION Exhibits V.B. Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A"ABOVE. Exhibit V.C. Provide a summary table of Federal (US Fish &Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT"Y" FOR YES OR"N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5),F.A.C.) If so, identify area located in ACSC. N Is the proposed amendment directly related to a, proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) Y Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. See Comprehensive Does the proposed land use cause an increase in density and/or Planning Unit intensity to the uses permitted in a specific land use designation and Justification Document district identified (commercial, industrial, etc.) or is the proposed land use Page 4 of 5 CPPA a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E.1c Arterial &Collector Roads: Name of specific road and LOS Bayshore Drive Thomasson Drive Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools, and emergency medical services.) 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). • N/A Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). Exhibit V.B Traffic Congestion Boundary, if applicable. Exhibit V.B Coastal Management Boundary, if applicable. N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. X $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. X Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly. Exhibit V.G. Proof of ownership (Copy of deed). Exhibit V.G. Notarized Letter of Authorization if Agent is not the Owner(see attached form). X 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. Page 5 of 5 CPPA COPY EXHIBIT I . D . PROFESSIONAL CONSULTANTS Bayshore/Thomasson Drive Subdistrict Exhibit I.D. Professional Consultants Planning/Project Management: Q. Grady Minor and Associates, P.A. D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947-1144 (239) 947-0375 fax warnold @gradyminor.com Coleman, Yovanovich and Koester, P.A. Richard D. Yovanovich, Esq. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 (239) 435-3535 (239) 435-1218 fax ryovan ovich @cyklawfirm.corn Transportation: JMB Transportation Engineering, Inc. James M. Banks, P.E., President 761 21st Street NW Naples, FL 34120 (239) 919-2767 jmbswte @msn.com Environmental: Boylan Environmental Consultants, Inc. Kim Schlachta 11000 Metro Parkway, Suite #4 Fort Myers, FL 33966 (239) 418-0671 (239) 418-0672 fax kims @boylanenv.com Exhibit I.D. Professional Consultants Page 1 of 5 D. Wayne Arnold, AICP Principal, Director of PlanningradMinal' Education Mr. Arnold is a Principal and co-owner of the firm and serves as the • Master of Urban Planning, Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. University of Kansas, Arnold is responsible for and oversees services related to plan amendments, Lawrence property rezonings, expert witness testimony, ROW Acquisition, public • Bachelor of Science,Urban participation facilitation, and project management. Mr. Arnold previously and Regional served as the Planning Services Director at Collier County, where he oversaw Planning/Geography, the County's zoning, comprehensive planning, engineering, platting and Missouri State University Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has Professional Registrations/ prior Florida planning experience with Palm Beach County Government and Affiliations the South Florida Water Management District. • American Institute of Mr.Arnold has been accepted as an expert in land planning matters in local and Certified Planners(AICP) • American Planning state proceedings. Association(APA) • Urban Land Institute,S.W. Florida Chapter,Board of Relevant Projects Directors 1996 • Collier County Rural Fringe • Collier County Growth Management Plan Committee, Chairman, 1999 • Marco Island Master Plan • Collier County Streetscape • Immokalee Area Master Plan Ad hoc Committee, 1999 Collier County Land Development Code •• Leadership Collier,Class of 2000 • Logan Boulevard Right-of-Way Acquisition Planning Analysis • Bonita Springs Chamber of • U.S. 41 Right-of-Way Expansion Planning Analysis Commerce Government • Copeland Zoning Overlay Affairs Committee • Collier County Government Center Development of Regional Impact(DRI) • Collier Building Industry • Winding Cypress DRI Association,Board of • Pine Ridge/Goodlette Road Commercial Infill District Directors • Lely Lakes PUD Rezoning • Collier County Jr. Deputy • Henderson Creek Planned Development/Growth Management Plan League,Inc.,Board of Directors Amendment • Orangetree(Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development ... . .:.. :. • North Point DRUMPD • Vornado RPUD • Orange Blossom Ranch MPD • Palermo Cove RPD Q. Grady Minor&Associates. P.A. Civil Fng.neef s •Surveyors •Land Planners•Landscape Architects Exhibit 1.D. Professional Consultants Page 2 of 5 Richard D. Yovanovich Rich Yovanovich is one of the firm's shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994,Mr.Yovanovich has represented property owners through the entitlement process �e owe LocaLa.nd s1ate_agenciec His representation inrhid es project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member,Furman University Trustees Council,2007- Chairman,Leadership Collier Foundation Alumni Assoc. Member,Board of Directors,Holocaust Museum 2007— Member,Leadership Collier,Class of 2000 Member,Board of Directors,CBIA(Director 2004-2008, Vice President 2006-2007) Member,Board of Director,Immokalee Friendship House Member,Board of Director,Avow Hospice 2011- Member,Florida Trend Legal Elite Elder,Vanderbilt Presbyterian Church Bar &Court Admission Florida,1988 U.S District Court,Middle District of Florida U.S.Court of Appeals,Eleventh Circuit Education University of South Carolina J.D., 1987 J.Ed., 1986 Furman University B.A.,cum Iaude, 1983 Exhibit l.D. Professional Consultants Page 3 of 5 JAMES M. BANKS, P.E., PRESIDENT Certifications &Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer- State of Florida—Reg. No.43860, 1991 to Present JMB Transportation Engineering,Inc., President/Owner—2007 to Present Q&E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 25 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities &FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys,engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area- wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport's Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach -Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects;such as, complex intersection design, signalization,street lighting, maintenance of traffic plans, signing and pavement marking plans,vehicular accident analysis, major roadway improvement design, traffic calming plans, railroad crossing design,and access management plans. Projects include Colonial Boulevard Improvements,Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums;such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions.Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases;zoning and land use amendments, land development projects, corridor studies, roadway improvement projects,transportation improvement projects, and airport construction projects. Exhibit I.D. Professional Consultants Page 4 of 5 Boylan Envronznental Wetland&Wildlife Surveys,Environ -ntal Pemotting,Consultants Impact Assessment CURRENT RESPONSIBILITIES Kimberly Schlachta, CSE Ms. Schlachta is responsible for project management, Senior Environmental Scientist and assisting in the management and technical Experience: supervision of environmental staff. The Clientele Ms. 0 12+years Schlachta works with include the private and public sectors. Education: o Auburn University,BS 1997 RELEVANT EXPERIENCE Since 1998, Ms. Schlachta has managed projects, _ProfessionaLAff-zliations:- conducted fieldwork, and produced reports and o Florida Association of Environmental applications for environmental land use planning, Professionals permitting and development. These projects include o National Association of Environmental due diligence assessments for land acquisition Professionals purposes, assistance with environmental land o Certified Senior Ecologist-Ecological planning, coordination on permitting and mitigation Society of America design for wetlands and wildlife, and compliance o Soils and Water Conservation Society monitoring of projects during and after construction. o Association of Southeastern Biologists PROJECT EXPERIENCE Certification: o Artesa MPUD: Corps and SFWMD Permitting, o FWC—Permit GTA-09-00021 FWS/FWC coordination on Florida Panther Gopher Tortoise Authorized Agent impacts, Gopher Tortoise relocation and wetland Areas of Expertise: mitigation design in Collier County o Vegetation and Habitat Mapping utilizing o Bonita 75 CPD: Commercial Land Use Permitting ACRD,GPS in the City of Bonita Springs o Corps and State Wetland Delineation o Camp Keais and Shaggy Strand: Wetland o Impact Assessment Monitoring for Collier Enterprises in Collier o Wildlife Surveys and Relocations County o Gopher Tortoise Surveys,Bucket Trapping, o Coconut Point/Simon Suncoast Mall:Environmental Excavation&Relocation Permit Compliance and Monitoring o Wildlife Habitat Management Planning and o Lee County Halfway Creek Water Quality Permitting Improvements: DEP and Corps Permitting for a o Habitat Restoration and Mitigation Design Restoration Plan in Lee County o Environmental Land Use Permitting and o Imperial Marsh: Permit Compliance and Rezoning Monitoring for Lee County Mitigation Site in Lee o Local, State and Federal Environmental County Permitting o Pine Ridge Center: Corps and SFWMD Permitting, o Post Permit Compliance and Monitoring coordination on RCW habitat, Monitoring and o Planning and Management of Gopher Compliance in Collier County Tortoise Relocation Sites o S.R. 31 Improvements: Caracara Survey and Monitoring for FDOT project in Charlotte County. Contact Information: o SR 78 & SR 29 Realignment: SEIR and Boylan Environmental Consultants Environmental Permitting for FDOT in Hendry 11000 Metro Parkway, Suite 4 o Tamiami Crossing CPD: Land Use Permitting and Fort Myers,Florida 33966 Environmental Permitting in Collier County Telephone: (239)418-0671 o Wulfert Point Estates: SFWMD Permitting and Fax: (239)418-0672 Wildlife Coordination on Gopher Tortoise and Email: kims @boylanenv.com Bald Eagle on Sanibel. Web: www.boylanenv.com Exhibit I.D. Professional Consultants Page 5 of 5 COPY EXHIBIT II . D . DISCLOSURE OF INTEREST EXHIBIT 11.D DISCLOSURE OF INTEREST INFORMATION D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Cirrus Pointe Partners LLC 516 Cooper Commerce Drive Apopka,Florida 32703 Ownership Percentage of Ownership/Stock South Naples Property Venture holds 100% Imperial River II 49.5% Johannes Ross 100% Centurion Holdings II 49.5% Paul Wolmarans 100% Sweetwater Partners 1% Paul Wolmarans 100% Exhibit II.D Page 1 of 2 2012 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L04000075679 FILED Jan 11, 2012 Entity Name: CIRRUS POINTE PARTNERS, LLC Secretary of State urrent Principal Place of Business: New Principal Place of Business: 15544 MONTEROSSO LANE UNIT#102 516 COOPER COMMERCE DRIVE NAPLES, FL 34110 UNIT#200 APOPKA, FL 32703 Current Mailing Address: New Mailing Address: 15544 MONTEROSSO LANE UNI #102 516 COOPER COMMERCE DRIVE NAPLES, FL 34110 UNIT#200 APOPKA, FL 32703 FEI Number:57-1222752 FEI Number Applied For( ) FEI Number Not Applicable Name and Address of Current Registered A ent: ( ) Certificate of Status Desired( ) Name ame and Address of New Registered Agent: CECIL,W. JEFFREY ESQ 9132 STRADA PLACE 3RD FLOOR NAPLES, FL 34108 US The a hove named entity submits this statement for the purpose of changing its registered office or registered agent or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent MANAGING MEMBERS/MANAGERS: Date Title: MGR Name: WOLMARANS,PAUL G Address: COOPER COMMERCE DRIVE City-St-Zip: APOPKA,FL 32703 I hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statues. SIGNATURE: P WOLMARANS MGR Electronic Signature of Signing Managing Member, Manager, orAut Authorized Representative 21te1 2012 Exhibit II.D Page 2 of 2 COPY EXHIBIT IV. B . PROPOSED GROWTH MANAGEMENT PLAN TEXT Exhibit IV.B Amended Language Add Text on Page 118 of the FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** Text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** Text break *** *** *** *** *** (IV)(IX)(XXV) F. Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** *** *** Text break *** *** *** *** *** 1. Bayshore/Thomasson Drive Subdistrict This Subdistrict is applicable to the property located within the Bayshore/Gateway Triangle Redevelopment Overlay in the northeast quadrant of the intersection of Bayshore Drive and Thomasson Drive, and comprises approximately 9.92+/- acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate multi-family dwelling units on this infill property. Development in this Subdistrict shall be approved through the PUD rezoning process. Buildings shall be limited to a maximum of 3-stories of living area over a single level of parking. Based on the density provisions in the Bayshore/Gateway Triangle Redevelopment Overlay, the project would qualify for 29 base dwelling units. The developer shall be permitted to utilize 79 dwelling units from the existing pool of dwelling units established in the Bayshore/Gateway Triangle Redevelopment Overlay in order to achieve the maximum 108 dwelling units within this Subdistrict. Exhibit IV.B Page 1 of 1 COPY EXHIBIT V.A. LAND USE AL-- w 1 m .. I. . .Ny . _ ,e V.,. , 6• . .h - 'd4\`JMNMnd-road\:• II Illy i _ o Fr 0 0 Z Q >_ o rn w O 0 Q Z C_.) ° O _Z SOU W _J Li cc O o 0 U w G. w u)U p U �� v g � w `-' S P 1- QS 1 fir CO (n U U U a "? a F*E.k Q < 5, T ittTh‘::: _J Q o F- o J m O up X J Q w Lu,� o CY> , N o U L� cn . 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W Z op m W W p Q o z Q ~ z Oy o Q#k 0 >yw z r J w c--3-z 2 pZ Q o❑ O W W z0 ammww¢ m ° w>° _ ° w -T.2N 6 , w 2 W W g Y Q F m Q z m z' s p Z cF1.-W p rtW a ° , > ?°z o7,w; • ' w o 2m�w o w 0� o C.W C w lY 17,a z Z. d N Z y N s r ..J Q Z y Q U AMMO 1 t3 0 Q 7mz ZZJ g40 .4.-"i.,-: .E F e a zo w a i�� 4mow two °p v 3 � Wr f _ F noiLL o z F.a2 o° mmu) m2m ' L 4• C ;fi 1W� a zz i 0 1gl'1 IL.,4 t i m ww w 5 Or' y 05o w yoy yzu. ,� 7Ir'_�i!� � O N N N 'I' Q Exhibit V,A ___ Page2of2 COPY EXHIBIT V. B . FUTURE LAND USE DESIGNATION T46S T47S T 48 S T 49S T50S T51S T52S T53S s 1 a ifil F b � 9 t @� tl r' ' ��1' R R $ F li II V2 i g3�j S 3yp 45 ap q d g idsd y4y yyd iyy yy� id � .y1 ppa y�y ey 2 3 < 3 g EY 6 1 1 1 1 1 1 1 1 1 1 1 181 d 18 d 1 d 1 1 1 13 1 d d J UJ 8 `" F W 111i 3'a 4, 3 3 3 3 3 3 3 3 3 3 3 3" ° rc °l ill a _ .g � 3 3 3 iii 3 3 3 3 3 3 1— W as Y $ q@ A1Nn0�3QV0 a a " HOW 6 i i Z ad it l± wunoo aavxoae C0 W ❑E®❑o°O, I'®1101 ❑I± J [7. ,... 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ENVIRONMENTAL CIRRUS POINT Environmental Impact Statement Collier County Section 14, Township 50 South, Range 25 East Approximately 9.92 acres Prepared by: Boylan / Environm'C Consultants iic. Wetland&Wildlife Surveys( 'onmental Permitting, Impact Asessments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (239)418-0671Fax: (239)418-0672 November 30, 2004 Revised March 23,2005 May 12,2005 July 13, 2005 August 19, 2005 Exhibit V.C. Page 1 of 43 SEC. 3.8.5. INFORMATION REQUIRED FOR APPLICATION. 3.8.5.1 APPLICANT INFORMATION. A. Responsible person who wrote the EIS and his/her education and job related environmental experience. Rae Ann Boylan, B.S., M.S., Biology, Environmental Sciences,21 years experience; RaeAnn @BoylanEnv.corn; (239)418-0671. Kimberly Schlachta, B.S., Environmental Science, 6 years job related experience; KimS @BoylanEnv.com; (239)418-0671. B. Owner(s)/agent(s)name, address,phone number&e-mail address. Mr. Jim Fields 15544 Monterosso Ln. #202 Naples,FL 34110 (239) 594-7355 3.8.5.2 MAPPING AND SUPPORT GRAPHICS. A. General location map. See attached map titled Location Map. N. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties.Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System(FLUCFCS)shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project,provided the photograph and overlays are legible at the scale provided A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. See attached map titles FLUCCS Map of Site and Area Extending 200 Feet Beyond. C Topographic map,and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided See attached TOPO overlain on FLUCCS and Quad Map. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. See attached map titled NRCS Soil Survey Map. E. Proposed drainage plan indicating basic flow patterns,outfall and off-site drainage. See engineering plans. 2 Exhibit V.C. Page 2 of 43 F. Development plan including phasing program,service area of existing and proposed public facilities,and existing and proposed transportation network in the impact area. The project will be developed as a single phase. Connection to potable water and sewage collection systems is via existing City of Naples Utilities facilities. The project entrance will be located on Thomasson Drive. See attached PUD Master Plan. G. Site plan showing preserves on-site, and how they align with preserves on_adjoining and neighboring properties.Include on the plan locations of proposed and existing development,roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. There are no adjacent preserves surrounding this property. The site abuts two major roads to the west and south. A water management drainage easement/ditch is located along the east side with residential development on the far side. An apartment complex with no on-site preserves is located to the north.No potential wildlife corridors, flowways, or conservation areas exist along the perimeter of the site. See attached aerial showing surrounding areas, also see attached Indigenous Preserve map for on-site preservation. On-site preservation was designed to incorporate the wetland and to maintain contiguous upland communities on-site. H. For properties in the RLSA or RFMU Districts,a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not applicable, the project is not within those districts. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. A. Provide an overall description of the project with respect to environmental and water management issues. The 9.92 acre site is located on the northeast intersection of Bayshore Road and Thomasson Road in Naples, Florida. Native habitats were mapped utilizing the Florida Department of Transportation Florida Land Use and Forms Classification System(FLUCFCS) according to Collier County by using one code to classify each native community. A wetland Jurisdictional Determination was completed with the SFWMD_ There is one SFWMD wetland onsite, (0.16 acres)near the southwestern property boundary corner. The project site contains 0.16 acres of wetlands, and 9.7 acres of uplands, and 0.06 acres of Other Surface Waters (OSW)which consists of the eastern ditch. The proposed site plan will not impact the wetland. The wetland will be preserved, enhanced. Uplands surrounding the wetland will be preserved and included in the preserve area. No adverse secondary or cumulative impacts are anticipated as a result of this development and no adverse water quality or discharge impacts are anticipated. 3 Exhibit V.C. Page 3 of 43 In addition to the wetland preserve, 2.05 acres of upland areas will also be included for additional on-site preservation requirements. Acreages for the preserve areas are also noted on the site plan. The project's water management system will be composed of multiple water management areas (combinations of preserve/water management areas, dry detention areas,and wet detention areas)that will discharge to an existing County maintained ditch along the easterly boundary of the property. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The project site includes wetlands and uplands. Two environmental scientists from Boylan Environmental Consultants conducted a protected species survey. During their investigations no protected species or signs of protected species were identified on the property (see attached PSS). Krista Gentile, a SFWMD representative,conducted a jurisdictional determination in order to determine the wetland boundaries and location. The project proposes to preserve the wetland (0.16 acres) and 2.05 acres of uplands. The entire wetland will be preserved. No impacts to wetlands will occur. This project is consistent with Policy 6.1.1 whereas the standards and criteria have been met to preserve native vegetation on-site,by providing greater than required indigenous vegetation for development. See attached Indigenous Preserve Map. The property contained about 7.25 acres of native indigenous communities, and 25%is required to be preserved in order to meet Collier County indigenous requirements. That equates to 1.81 acres of indigenous needed for preservation. The project proposes to preserve 2.21 acres,which exceeds the required amount. See attached indigenous maps. The total site preservation exceeds that required by the PUD. In addition, the preserve area meets the minimum 20'width requirements for projects less than 10 acre. The preserve area location was selected to preserve the existing wetland and adjacent native uplands.No listed species, wildlife corridors, listed plant or animal habitats exist. The preserved upland communities include Pine Flatwoods. The site is not located near a natural reservation, wildlife corridors or adjacent preserves. Preserve areas will include all three strata, and is the largest contiguous area onsite. This project has also followed Policy 6.2.4 by conducting Wetland Jurisdictional determination with the South Florida Water Management District, and will be proceeding with the Environmental Resource permit applications and meeting the SFWMD guidelines for protection and conservation of wetlands. A SFWMD permit shall be acquired prior to development order approval. In accordance with Policy 6.1.1.(2),preserved native vegetation will include canopy, under-story, and groundcover as stated in the Preserve Management Plan. Areas located within the native vegetation preserve areas that do not meet coverage criteria due to exotic removal will include supplemental planting to meet 4 Exhibit V.C. Page 4 of 43 the coverage criteria and count towards preservation. The minimum size and maximum spacing of plantings shall be: 1-gallon on 3' centers for groundcover species, 7-gallon shrubs on 5' centers, and 14' trees with 7' crown and min 3"dbh on 30' centers for smaller canopies, and 40' for larger canopy trees.A planting plan would be included in the landscaping plan at the time of development order approval which will include a list of native plants to be installed,their sizes, heights,the number to be planted,and their approximate spacing. Additionally, this project is consistent with Policy 6.1.1.(7)whereas because the site cannot fully accommodate both the preservation area and proposed water management, a landscape plan will be included at time of development order to recreated a native plant community within the water management areas that may be disturbed. This would be determined following SFWMD permitting to determine potential areas that may be altered resulting from final the final approved permitted drainage plans. Areas located within the preserve areas that may need to be re-created due to water-management activities,will be replanted to re-create native habitat and mimic a natural plant community in all three strata. The minimum size and maximum spacing of plantings shall be: 1-gallon on 3' centers for groundcover species, 7-gallon shrubs on 5' centers, and 14' trees with 7' crown and min 3"dbh on 30' centers for smaller canopies, and 40' for larger canopy trees. A planting plan would be included in the landscaping plan at the time of development order approval which will include a list of native plants to be installed, their sizes, heights,the number to be planted, and their approximate spacing. The replanted areas will have a minimum 80%vegetation coverage within 2 years of planting and shall be maintained in perpetuity. Temporary irrigation may be used to establish plantings if necessary. This project is consistent with Policy 6.1.1.(9) whereas there are no adjacent preserves, conservation acquisition areas, flowways or potential wildlife corridors exist in this area or around the project site. Roads and development exists along the north and south boundaries of the site. The preserve areas have been designed to best accommodate the onsite wetlands,keep the preserve interconnected as best possible, and take into consideration the neighboring properties. 3.8.5.4 NATIVE VEGETATION PRESERVATION. A. Identify the acreage and community type of all upland and wetland habitats found on the project site,according to the Florida Land Use Cover and Forms Classification System(FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type(species), vegetation composition(canopy, midstory and ground cover) and vegetation dominance(dominant, common and occasional). 411 —Pine Flatwoods (7.09 ac) This dominant community comprises a majority of the site. Canopy consists of Florida Slash Pine, and scattered cabbage palm. Saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the midstory, while broomsedge, 5 Exhibit V.C. Page 5 of 43 grapevine,pennyroyal,blue-maidencane, and various grasses were present in the groundcover. Portions of this community have recently been eradicated of exotics, leaving some areas with little or no cover. VEGETATION TYPE COMPOSITION DOMINANCE (C-Canopy,M-Midstory,G- (D-Dominant,C-Common, Ground cover) 0-Occasional) Slash Pine C CIO Cabbage Palm C 0 Wax Myrtle M 0 Saw Palmetto M C Beauty Berry M 0 Staggerbush M 0 Grapevine G 0 Poison Ivy G 0 Creeping Oxeye G 0 Broomsedge G 0 Pennyroyal G 0 Blue-maidencane G 0 625-Hydric Pine Flatwoods (0.16 ac) This community consists of scattered pine,with some wax myrtle, swamp fern, and yellow eyed grass. This area was recently dominated by melaleuca and has since been enhanced by removal of exotics. VEGETATION TYPE COMPOSITION DOMINANCE (C-Canopy,M-Midstory,G- (D-Dominant,C-Common, Ground cover) 0-Occasional) Slash Pine C 0 Cabbage Palm C 0 Wax Myrtle M 0 Swamp Fern G 0 Blue-Maidencane G 0 Yellow-eyed Grass G 0 500—Other Surface Waters (0.06 ac) The other surface waters within the site boundary of this site include a portion of the ditch. 740-Disturbed Areas (2.55 ac) 6 Exhibit V.C. Page 6 of 43 This community was composed primarily of previously cleared lands and found adjacent to the ROW for Thomasson Drive. Bahia grass dominates the ground cover.A sidewalk is also located along the southern boundary, while air potato and Wedelia dominate the northern boundary. Some areas are bare ground. 814-Roads (0.06 ac) This FLUCCS includes the paved road area within the site boundary located at the intersection of Bayshore and Thomasson. B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code.Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact,per FLUCFCS category. See attached Indigenous Preservation Map. The property contained about 7.25 acres of native indigenous communities, and 25%is required to be preserved in order to meet Collier County indigenous requirements. That equates to 1.81 acres of indigenous needed for preservation. The project proposes to preserve 1.43 of existing indigenous vegetation and preserve an additional 0.78 acres which will include supplemental plantings, which exceeds the total required amount. See attached indigenous maps. C. For sites already cleared and in agricultural use,provide documentation that the parcel(s)are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals?If so, identify the location and acreage of these preserves,and provide an explanation if they are different from what is proposed. No. E. For properties with Special Treatment "ST"overlays,show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved No. 7 Exhibit V.C. Page 7 of 43 3.8.5.5 WETLANDS. A. Define the number of acres of Collier County jurisdictional wetlands(pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan)according to the Florida Land Use Cover and Forms Classification System(FLUCFCS).Include a description of each of the FLUCFCS categories identified on-site by vegetation type(species), vegetation composition (canopy, midstory and ground cover)and vegetation dominance(dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection,prior to submission to the County. 625-Hydric Pine Flatwoods (0.16 ac) This community consists of scattered pine, with some wax myrtle, swamp fern, and yellow eyed grass. This area was recently dominated by melaleuca and has since been enhanced by removal of exotics. VEGETATION TYPE COMPOSITION DOMINANCE (C-Canopy,M-Midstory,G- (D-Dominant,C-Common, Ground cover) 0-Occasional) Slash Pine C 0 Cabbage Palm C 0 Wax Myrtle M 0 Swamp Fern G 0 Blue-Maidencane G 0 Yellow-eyed Grass G 0 A small isolated wetland(0.16 ac) was located in the southwest corner of the site. A Jurisdictional Determination has been conducted by South Florida Water Management District. See attached letter. The wetland line was surveyed after the jurisdictional determination had been completed. The 0.16 acres is the actual surveyed and flagged wetland line and surveyed boundary, whereas the 0.21 acres was determined via approximation on aerials. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators.Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s)for the site. Historical high water levels were determined on site. Historical high water levels were determined utilizing old adventitious rooting on tree stumps in the wetland area. Seasonal high water levels were unable to be determined based on biological indicators.No seasonal hydrologic indicators were present, suggesting seasonal high water would be at or just below ground elevation of the wetland. Onsite topography consists of elevations between 4.6' and 5.0' for the uplands. Wetland topography varies from 4.5' and 4.7' for the wetland. (See topographic survey. The 4.6' Control Elevation would at minimum maintain the hydroperiod for the 8 Exhibit V.C. Page 8 of 43 onsite wetland. The proposed Control elevation should not affect the predevelopment hydroperiod for the wetland. The proposed control elevation is anticipated to be elevation+/-4.6' NGVD, based on surrounding permitted projects. Final Control Elevation will be determines during SFWMD permitting. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands.Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site.Describe how impacts to wetlands have been minimized No Impacts to wetlands are proposed. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District,provide an assessment,based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site,provide justification based on the Uniform Mitigation Assessment Method Not applicable. 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of the proposed water management system explaining how it works,the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system,positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. The project's water management system will be composed of multiple water management areas (combinations of preserve/water management areas, dry detention areas,and wet detention areas)that will discharge to an existing County maintained ditch along the easterly boundary of the property. Proposed discharge rates will be consistent with County mandated maximum discharge rates. The average wet season water table is anticipated to be elevation+/-4.6' NGVD, based on surrounding permitted projects. The dry season water table is expected to be elevation+/-3.0' NGVD. The use of water management within the preserve areas will not adversely affect its function as a preserve. The preserve area is composed of a variety of communities, including hydric pine flatwoods(wetland),mesic pine flatwoods and disturbed areas that will be replanted with native species. Existing vegetation in these communities includes such species as Slash pine, cabbage palm, herbaceous groundcovers including sedges, grasses, and some palmetto. Plant 9 Exhibit V.C. Page 9 of 43 communities such as this are typical in Southwest Florida, and as such, also are adept to extreme seasonal conditions, and can tolerate different levels of water depth and duration. For example, it is not uncommon for an upland pine flatwoods community to be inundated by 6"during the wet season after heavy rains. Since the disturbed area will be replanted with native species,comparable to the surrounding communities,these plants would also be tolerant to the proposed hydrological regime. Attached are storm routings within the preserve for this project,which depict the cumulative total of 1"of rain per day for 5 consecutive days. These calculations are a conservation estimate of heavy rains during the wettest months of the year. The maximum stage level for these calculations shows only 4.8". In addition, the cumulative effects of the storm routings do not include additional time for draw down or evaporation, which will allow those areas to return to the control elevation at a much faster rate that what is calculated. Since the vegetation within the preserve area is tolerant to this water depth and duration,there should be no adverse affect on the vegetation, or the function of the preserve. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project(post development conditions considering the proposed A-;land uses and stormwater management controls)compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five(5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not applicable. Property does not have wetland impacts. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. The project site is not in a WRM-ST overlay zone. 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum,listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. See attached protected species survey,map and table. B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. 10 Exhibit V.C. Page 10 of 43 No listed species have been observed on this site. See attached protected species survey. C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. No listed species have been observed on this site. See attached protected species survey. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required,copies of which shall be included as exhibits attached to the PUD documents, where applicable. No listed species have been observed on this site. See attached protected species survey. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission(FFWCC) and the U.S. Fish and Wildlife Service(USFWS), with regards to the project. Explain how the concerns of these agencies have been met Not applicable. 3.8.5.8 OTHER. A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. B. Include the results of any environmental assessments and/or audits of the property. If applicable,provide a narrative of the cost and measures needed to clean up the site. See attached Phase I Environmental Site Assessment. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district,show how the project is consistent with the development standards and regulations established for the ACSGST. Not applicable. D. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. E. Provide documentation from the Florida Master Site File,Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. 11 Exhibit V.C. Page 11 of 43 See attached letter regarding Master Site File search,which indicates that thereN'F are no previously recorded cultural resources on the property. No historical surveys have been conducted on the property. Also attached is a map showing nearby archeological events. The project site location is noted on the map. 3.8.6 ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. 3.8. RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT(DRI). In any instance where the proposed project requires both an EIS and a DRI,their data may be embodied in one report provided such report includes all the required information on both the EIS and DRL 12 Exhibit V.C. Page 12 of 43 /rK'd � Y _ , .,.„ .. ..„.. M S a v f , r .\ '.a z VI q ,x 1 € a s r i r ? b x= ' Ue�d f . • y' , ' a � O� f " } ' $ o C....) C� y,jM e = fx y ! %,x .j N "�1 i B . L; :; , i L : f:',%:•";...$ .� „"a , jk L �R 4 ,, f` ,y r am ,; -,i4`7';',7'77'..1'°°;'',-,"._ -f ¢ . > 1 f .:y * w U i.,-;:.7.;,,..-.."'..,..';'-'''.'`'''''.., ..°'' .\x; °h. , re a uN C_ � j �� t' ¢. f 5 4,> S 1Ft' p � e yE.U vi, ...1t;....4".. k� ? 4.:':',„1 .41::;‘=!=2 x a Si A� `s`° x sa t <" ' ,t ��■ , t fi o , ..,„ . _c, i F sy'$ ' r i k• �s ease rt< c scs '< s_. 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Exhibit y y Page 21 of 43 Aug 18 05 04:45p JEPPESEN ENGINEERING CORP 9412406041 p.2 CIRRUS POINTE- TYPICAL 1 DAY STORM EVENT- DAY#1 Time Series Report- Stage Time DETEN DITCH hours feet feet 0.00 4.80 2.50 1.00 4.66 2.62 2.00 4.66 2.75 3.00 4.66 2.88 4.00 4.66 3.00 5.00 4.71 3.13 6.00 4.77 3.25 7.00 4.80 3.37 8.00 4.80 3.50 9.00 4.80 3.62 10.00 4.81 3.75 11.00 4.81 3.B7 12.0D 4.87 4.00 13.00 4.93 3.88 14.00 4.94 3.75 15.00 4.94 3.63 16.00 4.95 3.50 17.00 4.95 3.38 18.00 4.95 3.25 19.00 4.95 3.13 20.00 4.95 3.0D 21.00 4.95 2.88 22.00 4.95 2.75 23.0D 4.95 263 24.00 4.94 2.50 CHAN Version 2-Copyright Aquarian Software,Inc. Exhibit V.C. Page 22 of 43 Aug 18 05 04:45p JEPPESEN ENGINEERING CORP 9412406041 p•3 • CIRRUS POINTE- TYPICAL 1 DAY STORM EVENT- DAY#2 Time Series Report- Stage Time DETEN DITCH hours feet feet 0.00 4.94 2.50 1.00 4.94 2.62 2.00 4.93 2.75 3.00 4.93 2.86 4.00 4.92 3.00 5.00 4.92 3.13 6.00 4.92 325 7.00 4.92 3.37 8.00 4.91 3.50 9.00 4,91 3.62 10.00 4.92 3.75 11.00 4.92 3.87 12.00 4.97 4.00 13.00 5.03 3.88 14.00 5.04 3.75 15.00 5.04 3.63 16.00 5.04 3.50 17.00 5.04 3.38 18.00 5.04 3.25 19.00 5.04 3.13 20.00 5.04 3.00 21.00 5.04 2.88 22.00 5.04 2.75 23.00 5.04 2.63 24.00 5.03 2.50 • CHAN Version 2-Copyright Aquarian Software,inc. Exhibit V.C. Page 23 of 43 Aug 18 05 04:46p JEPPESEN ENGINEERING CORP 9412406041 p.4 CIRRUS POINTE- TYPICAL I DAY STORM EVENT- DAY#3 Time Series Report-Stage Time DETEN DITCH hours feet feet 0.00 5.03 2.50 1.00 5.03 2.62 2.00 5.02 2.75 3.00 5.02 2.88 4.00 5.01 3.00 5.00 5.01 3.13 6.00 5.00 3.25 7.00 5.00 3.37 8.00 5.00 3.50 9.00 5.00 3.62 10,00 5.00 3.75 11.00 5.00 3.87 12.00 5.05 4.00 13.00 5.11 3.88 14.00 5.11 3.75 15.00 5.12 3.63 16.00 5.12 3.50 17.00 5.12 3.38 18.00 5.11 3.25 19.00 5.11 3.13 20.00 5.11 3.00 21.00 5.11 2.88 22.00 5.10 2.75 23.00 5.10 2.63 24.00 5.10 2.50 CI-HAN Version 2-Copyright Aquarian Software,Inc. Exhibit V.C. Page 24 of 43 Aug 18 05 04:46p JEPPESEN ENGINEERING CORP 9412406041 p.5 CIRRUS POINTE- TYPICAL I DAY STORM EVENT- DAY#4 Time Series Report-Stage Time Di EN DITCH hours feet feet 0.00 5.10 250 1.00 5.09 2.62 2.00 5.09 2.75 3.00 5.08 2.88 4.00 5.08 3.00 5.00 5.07 3.13 6.00 5.07 3.25 7.00 5.06 3.37 8.00 5.06 3.50 9.00 5.06 3.62 10.00 5.06 3.75 11.00 5.06 3.87 12.00 5.11 4.00 13.00 5.16 3.88 14.00 5.17 3.75 15.00 5.17 3.63 16.00 5.17 3.50 17.00 5.17 3.38 18.00 5.16 3.25 19.00 5.16 3.13 20.00 5.16 3.00 21.00 5.15 2.88 22.00 5.15 2.75 23.00 5.14 2.63 24.00 5.14 2.50 CHAN Version 2-Copyright Aquarian Software.inc. Exhibit V.C. Page 25 of 43 Aug 18 05 04:46p JEPPESEN ENGINEERING CORP 9412406041 p.6 CIRRUS POINTE - TYPICAL 1 DAY STORM EVENT- DAY#5 Time Series Report-Stage Time DETEN DITCH hours feet feet 0.00 5.14 2.50 1.00 5.13 2.62 2.00 5.13 2.75 3.00 5.12 2.88 4.00 5.11 3.00 5.00 5.11 3.13 6.00 5.10 3.25 7.00 5.10 3.37 8.00 5.09 3.50 9.00 5.09 3.62 10.00 5.09 3.75 11.00 5.09 3.87 12.00 5.14 4,00 13.0D 5.19 3.88 14.00 5.20 3.75 15.00 5.20 3.63 16.00 5.20 3.50 17.00 5.19 3.38 18.00 5.19 3.25 19.00 5.19 3.13 20.00 5.18 3.00 21.00 5.18 2.88 22.00 5.17 2.75 23.00 5.17 2.63 24.00 5.16 2.50 CHAN Version 2-Copyright Aquarian Software, inc. • Exhibit V.C. Page 26 of 43 Cirrus Point Collier County Section 14, Township 50 S, Range 25 E Protected Species Survey Prepared By: Boylan -'--- Environmental_ Consultants, c. Wetland&Wildlife Surveys,' onmental Permitting, Impact ssessments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (239 418-0671 Fax: (239)418-0672 February 24, 2004 Revised October 6, 2004 Revised January 31, 2005 May 10, 2005 July 13, 2005 Exhibit V.C. Page 27 of 43 INTRODUCTION Two environmental scientists from Boylan Environmental Consultants, Inc. conducted a species survey on the 10-acre property in order to identify protected species and habitat. The property is located on the east side of Bayshore Road, just to the north of Thomasson Road, in portions of Section 14, T 50 S, R 25 E, Naples, Collier County, Florida. METHODOLOGY The species survey was conducted on February 11, 2004 in the mid-afternoon. The temperature was in the mid-70s during our field investigation. Where possible, the species survey was conducted using the parallel belt transect survey methodology discussed in the Florida Game and Freshwater Fish Commission publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." The methodology used is comprised of a multi-step process. First, vegetation communities or land-uses on the study area are delineated on an aerial photograph using the Florida Land Use, Cover and Forms Classification System (FLUCCS). Next, the FLUCCS codes are cross-referenced with a Protected Species List. This species list names the species, which have a probability of occurring in that particular FLUCCS community. With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt transects as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded. The following section describes the FLUCCS communities identified on the site, followed by discussion of the species observed. SITE DESCRIPTION The 9.92 -acre study area mainly consisted of pine flatwoods with some disturbed areas adjacent to the road and ditch. The property is situated on the east side of Bayshore Road, just to the north of Thomasson Road. See attached aerial photograph for location and aerial extent of FLUCCS classes. See Florida Land Use, Cover and Forms Classification System (Department of Exhibit V.C. Page 28 of 43 Transportation 1985) for definitions. Following is detailed descriptions of the FLUCCS community identified on the site. 411 — Pine Flatwoods (7.09 ac) This dominant community comprises a majority of the site. Canopy consists of Florida Slash Pine, and scattered cabbage palm. Saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the midstory, while broomsedge, grapevine, pennyroyal, blue-maidencane, and various grasses were present in the groundcover. Areas where exotics have recently been removed contained less vegetation overall. Scattered Slash pine and cabbage palm were found in the canopy, with some scattered palmetto, grapevine, and poison ivy. 625 - Hydric Pine Flatwoods (0.16 ac) This community consists of scattered pine, with some wax myrtle, swamp fern, and yellow eyed grass. This area was recently dominated by melaleuca and has since been enhanced by removal of exotics. 500 —Other Surface Waters (0.06 ac) The other surface waters within the site boundary of this site include a portion of the ditch. 740- Disturbed Areas (2.55 ac) This community was composed primarily of previously cleared lands and found adjacent to the ROW for Thomasson Drive and along the access for the ditch. Bahia grass dominates the ground cover. A sidewalk is also located along Thomasson. Some areas have bare ground. Wedelia and air potato are also present in the area located along the north boundary. 814 - Roads (0.06 ac) This FLUCCS includes the paved road area within the site boundary located at the intersection of Bayshore and Thomasson. SPECIES PRESENCE The various listed species, which may occur in the FLUCCS registers, have been tabulated on the attached table. During the field investigations on the site, we did not observe any protected species. The area was walked to search for any other signs of Exhibit V.C. Page 29 of 43 wildlife; yet, nothing was observed. Additionally, the trees were observed for any nests or cavities. No burrows or cavities were observed on this site. DISCUSSION ***An updated survey was completed because the melaleuca, Brazilian Pepper, and Downy Rose Myrtle had been removed from the site. Additional transects were completed on September 29, 2004. The results of this survey yielded no stick nest, cavities, or Gopher Tortoise burrows. No other signs of listed species were observed on the site. SPECIES SURVEY DATA SHEET Table 1. Protected species list according to FLUCCS category obtained from Lee County with corresponding field survey results. FLUCCS Potential Listed Species %Coverage Present Absent Density Visibility(ft) 411 Beautiful Pawpaw 95+ X N/A 30-40 Big Cypress Fox Squirrel 95+ X N/A 30-40 Eastern Indigo Snake 95+ X N/A 30-40 Fakahatchee Burmannia 95+ X N/A 30-40 Florida Black Bear 95+ X N/A 30-40 Florida Coontie 95+ X N/A 30-40 Florida Panther 95+ X N/A 30-40 Gopher Frog 95+ X N/A 30-40 Gopher Tortoise 95+ X N/A 30-40 Red-Cockaded Woodpecker 95+ X N/A 30-40 Satinleaf 95+ X N/A 30-40 Southeastern American Kestrel 95+ X N/A 30-40 Twisted Air Plant 95+ X N/A 30-40 Exhibit V.C. Page 30 of 43 IF a _ gL .6 NxF f �i;. 9s f l V q .y, w,tJ=, � bE IZDI j �� O 1 ii . .„,0,.. f c ( ? F s; Q 'al u.) 0 l f— — r O o a {_ o U O N 4.,i... o cow h r .,, .} J 4 O '�—.—III N ul Cwzw 14 ›.1!°:::..,# i'''44",",,,› i'k '::: : '- — ,:- ,, 1 1-1,"';.ri, - t ' - 1 •ti 6- -0 iI J t t - -':,t1 ` O N 3.0 O lL ° - {- �,.� .9 ' } C 't Q * # ❑ 0 i'_.' .v_ .' Z u) N O t0 �. far. L1J C A O ,. u) I 8s S � I a.# O s CL To stip V) m d.s' o w + a U d*„, Yr4�'� �� •, ' a iE a w z :.•.`„'. ... <•sc - s""....�..+. SIT-:z � �r '"tvlro a m¢w¢H O LL,O Exhibit V.C. Page 31 of 43 N 4( .:, fr''''fl. a .., ci 41 z i ti o w Vj g'� v to C O 0 c 4 O R° ' J a 0 F- p o y o o m t- O CO } o o 0 0 0 o O ? N N- F N O o I- N V V Z 2 w OW>ZW } 0 cn1-CC tY Q V 0 w O Q) (o [o lf) CO N < ti O O N 06) x t r ) cn N o � - 3 to 2 0 1 z D `6a) o I- p o a € ( � p a) ca a Jr a c 't U LL o -° co a � a % z w c �- .0 o 0 a a = O a 1� to ' w 0 U p ID r- 1n o O ,i- i u _ 0 v to in h- co ) J T , O s C ^O LL m 2 0 U a N oV)V)cr.�- o o O Y c 0 II °>-' '- mo c. -u_Z r w CD w<N- -,u o u u a Exhibit V.C. Page 32 of 43 PRESERVE MANAGEMENT PLAN Boylan Environmental Consultants, Inc. November 3, 2004 PRESERVE MANAGEMENT A. Installation of protective barriers and signage. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the Development services director. Signage shall be placed around the preserve areas to identify and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s)should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. B. Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Plant Control. Wetland preserves, conservation areas, preserves, open space areas, and undeveloped portions of the property will be walked and all non-native and nuisance or invasive plant species shall be removed from all preserves (per LCD 3.9.7.1.G). These plants will be killed in a manner consistent with current exotic and nuisance plant removal practices while ensuring that neighboring plants are left unharmed and the soil left as undisturbed as possible. All Category I Exotics shall be removed from all preserves. All exotic within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Treated vegetation debris may be left in place, however, In the case where the extent of exotic vegetation is such that the resultant cut debris from the woody vegetation would create a physical impediment to the colonization of native plants, the exotic vegetation shall be removed from the preserve, or cut and stacked in a manner that will minimize the impediment to re-vegetation by native plant species. The log cabin or teepee methods are recommended. Where aesthetics is a concern, debris should be removed from the area. Trees too large to practicably cut or remove, may be girdled and sprayed with a herbicide and left standing, however, dead trees left standing may pose a physical hazard.When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. In all cases, the approval method may not involve mechanical removal, whereby machinery is used to remove the exotics, except under the direction of a biologist. When exotic vegetation exists in high densities, mechanical removal must be approved by County staff. C. Annual Maintenance. Wetland preserves, conservation areas, preserves, open space areas, and undeveloped portions of the property will be walked and inspected at least once yearly for the presence of exotic vegetation. The maintenance program will be conducted in perpetuity. D. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Exhibit V.C. Page 33 of 43 ,a+Fid E. Monitoring. An annual monitoring report will be provided to Collier County for 5 years documenting the exotic maintenance and the will contain the following: Panoramic Photographs from 4 Photo points Percent coverage of exotic and nuisance plant species Survival of planted material Wildlife observations G. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The developer shall also be identified. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowner's association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. Preserve Manager: Boylan Environmental 11000 Metro Parkway, Suite 4 Fort Myers, FL 33919 (239)418-0671 Developer: Mr. Jim Fields 15544 Monterosso Ln. #202 Naples,FL 34110 G. Wildlife Habitat Management. No listed species were observed on this site. H. Allowable Uses Within Preserve Areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3.1.C. Fences and walls are not permitted within the preserve area. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The preserve areas shall be inspected in accordance with the following schedule: 1. Prior to preliminary acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. Exhibit V.C. Page 34 of 43 Sharon Umpenhour From: BellowsRay[RayBellows @colliergov.net] Sent: Tuesday, February 26, 2013 2:00 PM To: Sharon Umpenhour Cc: ReischlFred Subject: RE: Cirrus Pointe Attachments: Map#03.pdf; Ord. 05-63.pdf Hi Sharon, The subject property is located in the northeast corner of Bayshore and Thomasson Drives and is zoned as the Cirrus Point PUD that contains the following condition attached below. As noted on the attached H/A map, the subject site is not located within an area historical and archaeological probability. Therefore, no survey and assessment is required. If you have any questions concerning this matter, please do not hesitate to ask. 5.9 PLANNING A. Pursuant to Section 2.03,07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Ray Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone:239.252.2463; Fax:239.252.6350 Coer Comity From: Sharon Umpenhour[mailto:SUmpenhour(figradyminor.com] Sent:Tuesday, February 26, 2013 12:13 PM To: BellowsRay Subject: Cirrus Pointe Ray, Attached is a location map of the subject property for Petition PL20120002382/CPSS-2013-1, it is located in Section 14, Township 50 East, Range 25 South. Could you please provide me with arch/hist probability map? Thanks Sharon Umpenhour Planning Technician 1 Exhibit V.C. Page 35 of 43 Gr ' a d Miuo Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone-239.947.1144 Fax- 239.947.0375 Web-http://www.gradyminor.com Email-sumpenhour@gradvminor.com DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. .._., ._:...... 7�. .k ., ... ..,a.,<....,F�....................-..F�..:._....y..---..,,.,....�a..... .>. ,.e,.aT.,. ,......, ,..,,tiv.,..»..��..._ .�..�-...w,�--..,...,. .,.as...---._..� .zw..t..., ,.,... - Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 Exhibit V.C. Page 36 of 43 Y RNG 25 RNG 26 ,.11A trw 'I `- 1., . 1 ...,... , :„, X1g _ L,......„ .,..,_, 1 1711 23 0 I •••♦ fir; t - 0�t■9 1 i ,\Lcilli .ci, GULF OF MEXICO �� 'ir 1 VIV,e,,A' TWP 50 3 lihi tif ply .:.., .,..:, Al') 4C iii,, ,, .....„, .„,,...,„ 14 1111 .114 iii:11— ' Pamwa m r auaysr ROAD E ®mnounr eur.Anu. 6 ININCMD1 A»••o'FONTORICAVARCIUNOLOGICAL PROeAenm NAPLES SOUTH QUADRANGLE *B'mairs run.STRUCTURE(�m WAIN) AREAS OF HISTORICAL/ARCHAEOLOGICAL PROBABILITY •vencAr6 Anc. C A.911E(NOR TO xuZ) O Exhibit V.C. Page 37 of 43 • • • • • USGS NAPLES SOUTH: DATA SHEET • General Description: This quadrangle,which lies within the Marine Zone,covers a portion of the • southwest coast of Collier County between Key Marco and Naples. The northern portion of the • coastline is broken by Gordon Pass into Naples Bay and Dollar Bay. Inland along the southern • two-thirds of the map area lie Bartell,Periwinkle, Sand Hill and Rookery bays; Halloway Island, • and Little Marco Pass. Previous Work: John Goggin visited and described several sites in the 1930s and 1940s. • Systematic professional survey is limited to a part of the Collier County 201 Wastewater • Management Facilities project area, carried out by Carlos Martinez (#257 - Martinez and Wells • 1977). This surveyed area is shaded o the Probability Map. Parts of the City of Naples were surveyed for historic structures by Florida Preservation Services, as part of their county-wide • assessment of the historical/architectural resources of Collier County (Florida Preservation • Services 1986). This land is not shaded. Several surveys occurred on this quadrangle during the S. 1990s, and include part of US 41 (#3465 -Almy et al. 1993)and attendant ponds(#4086-Janus • 1995);as well as a survey of Rookery Bay for the CARL program(#3904 -Weisman&Newman 1995). • • Recorded/Reported Sites: A total of 24 cultural resources have been recorded (See Site • Inventory Sheet). This number includes four historic sites, and 20 archaeological sites. Most of the archaeological sites are classified as prehistoric shell middens or shell scatters. • • W Discussion/Recommendations: As per the predictive model,a large percentage of land within this • quadrangle is considered a probability zone. In the northern half of the map area, from Haldeman Creek south to Sand Hill Creek, several discrete areas have been shaded. These are generally • characterized by relatively elevated terrain, proximity to a freshwater feature, and better drained • soils. • In addition to these "sandhills" areas, where shell and artifact scatter type sites would be • anticipated, the extensive mangrove areas are also shaded. This probability zone begins adjacent to the Naples City Boundary in Section 23 of Township 50 South,Range 25 East, and continues • south to the southern limit of the quadrangle. Within this large area, localities characterized by • dredged spoil have been excluded. Outside the tidal mangroves,an area including the land south • of Sand Hill Creek and west of Sand Hill Bay has been shaded. Also,areas with low ridges which support tropical hammock vegetation have been included in the probability zone. • • Systematic professional archaeological survey is recommended for all shaded areas. Further, all previously recorded sites within the study area are recommended for relocation and evaluation of • their significance. • • •'• • • • • 0 - Exhibit V.C. Page 38 of 43 • • • USGS NAPLES SOUTH: SITE INVENTORY SHEET • Site No. Site Name Tym s) Comments • • CR00054 Sand Hill Bay Mound C,H • CR00055 Crawford's Key B,E • CR00058 Gordon's Pass Midden A,B,E • CR00059 Naples Canal D CR00060 Naples Midden 1 B • CR00061 Naples Midden 2 B • CR00227 Kirkland Mound C,H • CR00515 Gateway Harbor G CR00542 Haldeman Creek I • CR00549 North Rookery Channel B,E • CR00558 Rosemary G CR00567 East Bay Sand Hill G • CR00577 North Rookery Mound B CR00578 John's Pass Hammock Midden B • CR00579 Hand Hammock. A • CR00580 Dale's Digging B • CR00581 Palm Grove B,4 CR00582 North Point • B CR00681 Keewaydin Club S NR CR00767 Bartell Place 7 CR00768A Old Shack Site 7 • CR00768B Old Shack S CR00769 Munlin Creek 7 • CR00781 Mid Key Island B • • • • • • • • • • • • to • • • • Exhibit V.C. Page 39 of 43 Sharon Umpenhour From: Liko, Sarah M. [Sarah.Liko @dos.myflorida.com] Amok Sent: Wednesday, February 27, 2013 9:56 AM To: Sharon Umpenhour Subject: RE: Historical/Archaelogical Search Attachments: 50S25E14Letter.pdf; 50S25E14Map.pdf Hi Sharon, I have attached a cultural resource search response letter and a map. Please let me know if you have any questions or additional requests. Have a great day. Kind regards, Sarah Liko, Ph.D. Archaeological Data Analyst I Florida Master Site File I Division of Historical Resources I Florida Department of State 500 South R onough Street I Tallahassee,Florida 32399-0250 850.245 6453 I 1.800 84 .728 I Fax:85n.245.6439 www.fllierita e.com O*wrMM Of STAY* Florida is headed in the right direction! Click to Enlarge The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to http://www.vivaflorida.orq. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. From: Sharon Umpenhour[mai lto:SUmpenhour@gradyminor.com] Sent: Tuesday, February 26, 2013 11:58 AM To: Liko, Sarah M. Subject: Historical/Archaelogical Search Sarah, I would like to request an historical/archaeological search for Section 14, Township 50 East, Range 25 South, more particularly a 9.92+/-acre parcel located on the northeast corner of Thomasson Drive and Bayshore Drive, Collier County, Florida. Attached is a location map for reference. Sharon Umpenhour Planning Technician 1 Exhibit V.C. Page 40 of 43 Gras yMM inor {l. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone-239.947.1144 Fax-239.947.0375 Web-http://wwv.gradyminor.com Email -sumpenhour@gradyminor.com :DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified'plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. 2 Exhibit V.C. Page 41 of 43 This record search is for informational purposes only and does NOT constitute a STOP `' project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. February 27, 2013 Florida Master Sharon Umpenhour File Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone: 239.947.1144 Email: SUmpenhour @gradyminor.com In response to your inquiry of February 26, 2013, the Florida Master Site File lists no previously recorded cultural resources in the following area of Collier County: The portion of T5OS R25E Section 14 shown (including a 50 foot buffer from project area indicated on map submitted with search request) on the corresponding map When interpreting the results of our search,please consider the following information: • This search area may contain unrecorded archaeological sites, historical structures mow. or other resources even if previously surveyed for cultural resources. • Because vandalism and looting are common at Florida sites,we ask that you limit the distribution of location information on archaeological sites. • While many of our records document historically significant resources,the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. • Federal,state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws,you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, Sarah Liko Archaeological Data Analyst Florida Master Site File Sarah.Liko@DOS.MyFlorida.com 500 South Bronough Street • Tallahassee,FL 32399-0250 • www.flheritage.com/preservation/sitefile 850.245.6440 ph I 850.245.6439 fax I SiteFile @dos.state.fl.us Exhibit V.C. Page 42 of 43 0 *cpieriupt.,-tArosk CY . � r*4146 .1..... i',. a 0 VI t v- �- .. z , ,„ ., I , 0 ;� 0 tok.-CD** - iv `? 4, 0 4,1 I irt - , Y st 4 w , .!..1. ';4, .... , ,, 1. ay ,; J s. , f` Wr� o .. M 'i to " I; ,-i il,,,:r t;:t.sitz. -,- rpk t° ' . '-. "I"' . .. N. e ° ° ( . E' 7 COPY EXHIBIT V. E . PUBLIC FACILITIES EXHIBIT V.E. PUBLIC FACILITIES LEVEL OF SERVICE ANALYSIS Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The subject Growth Management Plan Amendment proposes to permit a maximum of 108 multi- family dwelling units on the 9.92± acre property. It is expected that this project will commence development in 2013 with anticipated buildout in 2016. Potable Water The property is located within the City of Naples potable water service area. The City of Naples has existing plant capacity of approximately 24 mgd. Raw water demand in 2008 was 15 mgd and by 2015 the demand city wide is projected to be 20.3 mgd. The proposed 108 unit multi-family project will not create any LOS issues in the 5 year planning horizon. This Project will have no impact on the potable water system and capacity is available in the City of Naples. Water Demand: Multi-family: 108 units x 300 gpd/unit x 1.7 persons/unit= 55,080 gpd 108 units x 300 gpd/unit x 1.7 persons/unit x 1.5 max. month= 82,620 gpd Naples LOS: 300 gpcd Permitted Capacity: 24 mgd Current Demand (2008 Data): 15.06 mgd Data Source: City of Naples Comprehensive Plan Sanitary Sewer The subject project is located within the urban boundary with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. The property is located in the Collier County Sewer District south service area. The south County facilities have a current plant capacity of 5.5 mgd greater than the facility demand. No projected LOS issues are anticipated through 2031. This Project will have no impact on the Collier County Regional Sewer System. Sewer Demand: Multi-family: 108 units x 100 gpd/unit x 1.7 persons/unit= 18,360 gpd 108 units x 100 gpd/unit x 1.7 persons/unit x 1.3 max. month= 23,868 gpd Exhibit V.E Page 1 of 4 South Area LOS: 100 gpcd Required Capacity: 10.5 mgd Available Capacity: 16 mgd Data Source: Collier County Utility Manual, Collier County AUIR and Collier County Comprehensive Plan Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussions of the project's impact on level of service for arterial and collector roadways within the project's radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-27, and LDC Ordinance 2004-41, as may be amended. The single project within the proposed subdistrict has been issued a surface water management permit by the South Florida Water Management District which has established criteria for the volume of water stored on site as well as the quality of the water which may be discharged from the site. The development within the subdistrict is consistent with the County LOS standards. Solid Waste The adopted LOS for solid waste is two years of lined cell capacity at the previous 3 year average tons per year disposal rate. There are no current capacity issues and none are anticipated through the year 2065. The proposed 108 unit multi-family residential project is anticipated to have an average residency of 2.4 persons per household, which would result in a total population of 259.2 residents within the community. At the County's adopted disposal standard of .52 tons per capita, the project will generate 134.8 tons of solid waste per year. Capacity is available to meet this generation standard. The calculation for the solid waste generation is: 108 units x 2.4 persons per unit=259.2 population x .52 tons/capita= 134.8 tons/year. LOS Standard: 2 years of lined cell capacity at previous 3 year average tons per year capita disposal rate. Available Inventory as of July 2012: 2,446,710 tons Required Inventory as of July 2014: 437,759 tons Available Inventory as of July 2014: 2,022,935 tons Surplus Capacity as of July 2014: 1,585,176 tons Source: Collier County 2012 AUIR Exhibit V.E Page 2 of 4 Parks: Community and Regional The project is currently approved for 108 multi-family residential dwelling units. The 2012 AUIR identifies that the County is meeting the established LOS standard of 1.2 acres of community parks per 1,000 residents and 2.7 acres of regional parks per 1,000 residents and has a land surplus in each category. No deficits in park acreage are projected in the 5 year growth projections in the AUIR, and payment of impact fees for parks is collected by Collier County to increase available park acreage. The calculation for park demands: Existing— 108 units Community Parks: 1.2 acres x.26 (259.2/1000) = .31 acres Regional Parks: 2.7 acres x.26 (259.2/1000) _.70 acres No adverse impacts to Community or Regional Parks result from the creation of the subdistrict. Fire Control and EMS The proposed project lies within the East Naples Fire District. The East Naples Fire and Rescue District Station 22 is located less than half a mile from the project entrance. The site was previously approved for 108 multi-family dwelling units. Estimated impact fees for EMS are $13,590 based on 108 total dwelling units and fire would be determined at time of SDP based on the square footage per building(values based on 2012 Collier County Impact Fee Schedule). Schools The proposed project lies within the following School Attendance Zones: Avalon Elementary Manatee Middle Lely High Exhibit V.E Page 3 of 4 [IO[/u/[,on..ra:rp.eno, ..o'ai oe si -.1A-roodsm tor t 4�— • i 5 e N l i ■Y Lf I i i i i I W At- ' urC .LH i v S -1- -i '. 1 ! @ ii:$ Imo\ I� ■ - $ y - I • /i op p Q l c. I V ! ! ot i H F i Ct! I_J j i of n t ra \\ 11 1 -1 , 1 ; , i F,t-•�-1 1 j 1-✓k��—� Y ■I W I i —i [c j �1 I KA >� j r NTA� BARBARA BLVD ': o �� - _�`• . //i' . I U J4 y W i 01 0 1 -O n // ,,)/ --L 1 Q a / 'l I L>I 1 o i I I Y, rsa � r-;r-- 1 1 ap COUn�T4-BARN- j z / `". L o`', 7 n C •. 1 _ `, • i }; S._ %S -1 l ¢mss ` r i ,i ---t b 1` j i• G.�-...,.. '!1 I t i LI.� ,, e °I t■ __ ' ' �� ' Yfi 1 mow= 'e " _ It Y 1 ? I j (Lm _ _ r- � `� / dO 1 I: 1 I I 1 I.„ . ? I f r-Ve \----- ! t i i0 £.g a L 1' 1 1i!oo i i E ■ I I i ! ! ' 1 `j`T�� E` ` ( I ■ ° 2 ao-£ - 'fig , •I 1 ' 1111 I ! t I = 'I 1 L�' I I I 1 1 °; 1 `� ;�$ m k 1111 11• I 'AIRPORT ROAD I j 11 ! --,' i -' ,P _ _ V-' H I � Vii , �1 ,� ! I� m-�= I jE ©� % H M I x i 1 i 1' ii _mod . 11 1 !1 iil W--' c� `� -J1 —� I i i : !��BA 1 I I . ! i BAYSTH�I�� DR ' r a a iIli 1 ll - ! I i�L1 i i i ! g1 = E 3 t -, W ij LAI I -- //' 1 • r-11 $ r` S d Y i ".r i / I I I Ucr : as m C N \ I ,41.:w �_ 4 1 I a .. I AIRPORT ROAD 1 I ` !I ` I s _ ■ > I 1 ~a 0 W Z Z 0 N a 2 W a C�Z =W O Z fn U -� to C9 < g W O� W Z O 2 O < 0 N d } !�U) J ti a D U -J ZO 1- N 6.Z U 6 VU F-c 1 W m Q L H m 0 � O-I ¢O N.1 _j �� U w N O (n rr 2 O w Q !W- I 1 cc a Z E u_H tit F Q 0 it a 0 O N Z L.L. U H Z_ t7 VI I O Y WI W W Mtn Q W Jd i-W H Z I I M IX 0 < a 44 M O =m m < D0 X< 0 < X N O ,, tL W C) N to J 3 a_2 U 3 In 3 Q. ' 1 — O Exhibit V.E Page 4 of 4 COPY EXHIBIT V. E . lc TRAFFIC IMPACT STATEMENT JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING Sc PLANNING;SERVICES TRAFFIC IMPACT STATEMENT For CIRRUS POINTS (Bayshore Drive & Thomasson Drive, Collier County, Florida) January 8,2013 Revised January 29,2013 Prepared by JMB TRANSPORTATION ENGINEERING, INC. 761 2 1 wr STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION ND. 27830 (PROJECT NO. 121116) def, .. JA -M. BANKS, P.E. DATE .. F :fr. IDA REG. No; 43B61J Exhibit V.E.1c Page 1 of 20 TABLE OF CONTENTS Purpose of Report 2 Study Methodology . 2 Scope of Project 2 Figure 1 -Project Location&Roadway Classification 2.1 Site Plan 2.2 Project Generated Traffic 3 Table A-Net New Trips Generated 3 Table 1 -Trip Generation Computations 3.1 Existing+Committed Road Network 4 Project Generated Traffic Distribution 4 Figure 2A-Project Traffic Distribution 4.1 Table 2A-Area of Impact/Road Classification 4.2 Area of Significant Impact Table 2A-Area of Impact/Road Classification 5.1 2012 thru 2015 Project Build-out Traffic Conditions 6 Table 2B-2012&2015 Link Volumes 6.1 Table 2C-2015 Link Volumes/Capacity Analysis 6.2 Site Access Evaluation 7 Bayshore Drive& Thomasson Drive Intersection Evaluation 7 Figure 2B-Project Traffic Distribution 7.1 Appendix 8 1 Exhibit V.E.1c Page 2 of 20 Purpose of Report This report was prepared pursuant to the criteria set forth by the Traffic Impact Statement Guidelines for site development plan approval (SDP) as forth by the Collier County Government More specifically,the study examines the potential transportation related impacts that may occur as a result of developing a proposed apartment complex known as Cirrus Pointe, which is located at the northeast corner of Bayshore Drive&Thomasson Drive within Collier County, Florida. Study Methodology During the project's pre-application meeting,which occurred on October 11,2012, Collier County staff indicated that a subsequent methodology meeting was not necessary and also waived the methodology meeting fee. Instead,the methodology was established and agreed to with Collier County's Transportation Planning Department during the pre- app meeting. As agreed,the project trips would be based upon the ITE Trip Generation Manual,the distribution of trips would be 70% on Bayshore Drive and 30% on Thomasson Drive(see Figure 2), an operational analysis of the site's access would need to be performed,and the typical road LOS vs. capacity analysis would need to be prepared for all significantly impacted links= Scope of Project Cirrus Pointe is a proposed residential development that was previously approved for 108 dwelling units. It is being proposed to increase the number of units by 36. If approved, Cirrus Pointe will he developed as an apartment complex that will consist of 144 Traits. The site is located on the northeast corner of Bayshore Drive and Thomasson Drive; within Collier County, Florida. The project will have one full access on Thomasson Drive. For additional site development details refer to the plans prepared by Grady Minor&Associates. TABLE A (Existing Zoning vs. Proposed Zoning) Approved Zoning 108 Dwelling Units Proposed Zoning 144 Dwelling Units Net Increase 36 Dwelling Units 2 Exhibit V.E.1c Page 3 of 20 II I Enterprise Avenue 1 Naples Airport Il ,......,, Exchange Avenue I 13 in { a rr ' Propspect Ave ce c Radio Rood NORTH O ` m Naples Airport � 1 i � !J Ca re l 1 � - L ._..L a 1 � ! cps. , Davis Boulevard `74 Galdes Blvd X17 > , a o 0 n J p w al 1: G s Rattlesnake Hammock 4. ... o \ .::.:•.:�.•........ hoc �o v, .o Revised January 29., 2013 LEGEND 6—LANE DIVIDED ARTERIAL ■••• 4—LANE DIVIDED ARTERIAL s. ��yyy 2—LANE ARTERIAL JMB TRANSPORTATION ENGINEERING, INC. 2-LANE COLLECTOR/LOCAL Cirrus Pointe Project Location & •-• Revised January 29, 2013 Roadway Classification FIGURE 1 Exhibit V.E.1c Page 4 of 20 OZ Jo 9 96ed • 01.'D'A TIGHLVA . . .. •. • • • : . . . . . . . 1 • 't ..,... A ggi I. E,.11:4 0 . 1 . C 0 7,4 g kti. • mg _ 1 f.g gig oZR *4 ;At, r. t• . A E...• . tg• Ka E 0.2 , ig F., I ..„. .. e.•. E ..3z.. ; t. 1,..____________.–. .....•_.. .,_._–__–_,–—_______ ! 1; ,11;11 .g., . FlArSHORE ORIVE(KFLI,Y RpAgi (l • gi t.a-"aii ay RAI __ ____....;,..„... c4: --------.------'-7--- — • g t‘' 11 —• . g g < •-.,t . g • . I 1 1 I•!I ii‘i . 7:.1.. ..,..• ':::..: il.. . .•.• •,,. , aL • P.,c , . - ::ft ii. • • 1 4 .• L.' : • o< ' •i , i 1Lirit- . ". ,'' ;•:•>,g2..•••' .•'`.•14 2' g 1 . '–':' I i 9 Lti.'..'%-f's,-..''', -gl ••••'• ‘*:*-•1.1. ''• m3.z .• r. 1 i : fig fi i• , :. li 144----:- ,- '.. ....-. ' Ry.-.. • •-ri E zm gg: .•• ' .• r.j IA:t•.•. . . .- ..,-,- - - - • . • -.• . I • i .1 • -.A. 0 ir-t---- • -, • I ,,.. : :. 7:"x• ".'" 141.- . .t. :1:1 • . . : I . pll 1 A 1 . •.• , • 2 % E - -.3 • • • I.. ;i! 01 : • ) 1?. F,;RI 1-• - • . : . it I!i . •. i „ : • r I . 72 -o. .• •• I . nt f'' • - . , -1,. . . . . • . • . • I II.( . I. • • 3; I: - . . '.• 0 if 1.4 , ... • • • ■ fi IA si f'.-. : ,, ..„•.• :.".1.• • • I :::::711:::::::..11.: • ' 1 1 • , • . . *1. I i I • - III i• •:. d .' -.‘...--nt'. • ' .. • . :. r— •4 -73 i . ' .. ..-. ,:• ... :1 ' i I 0 v J Rild II ' LI 4.! lt . • 1Li 1 S.L,..., .1. ' • • • .. . . . I * • :111 ;1 .! s / IV l • • • 1-1-1., :* ! ct i'll . II • II IA i : . ' q 0 I:: 1: if: =2 i ion11 • • •-• 1: • • . . . ii'G 8 • 1 a •i IL • . . • r-,I;,-,ggi i it- IR-1111 ,.. ..1 !! [:"........_____,tcf. ■•••••, VI. :7) 2 g--Tg I ll • riiil t sl '7'.. Ez. I , --li, .. fi . ' ' . 'ii 1 E. 1. i .1 • :. ' . .5 .:.i. ••• • . A ,,, : 11 : • " . . .. . = ' 1 ::" • ' : . • • . . . . . rt....-.) ''L. • . I ,I '!"4 i*, Li. • . . 11 i ' MIII. '*---) ; .•11 • ... z . . . . ■ i • , 1 * i I I • . I 1 1.. i ---, ; : • ..".._1.1 • .: . g i - • I I I. ' '1Z 1___I_ • • r 4-* 1 . :i •ss4. I i 1., 1 Al • • :If.. .. , . •• I t -5. ' -/- • '' •. I I" •2 fi). r • -.".1 . • : I' - . --.11 • ( x ,•1 •1•1 • i i.1 tZ1 • • . . • 1-.1 ' , • i ii i•i'; '1• ei 1 • I.1, . ■ ) '''' ' :A_ • II, ..?" •-'.'.•I .. % • • I: ' • ..„, in i . . .• 31:•,' , 11 44 a,..-: 11 1 1 •:':3•12': :-.1. til Ati , s7 I,-- 1 II j g ..:.•;;j..•...oil ! xl, mo • . ...; 1 i 2 IC ' ' I i ,,l' g, ' . ; ... ...1 , 4 3; . 11F,-, • , IA, -4. . . Y' '-'''''• ' .--,'\.—.2, J. .1.. I . LI x '3 I' ;:qi• • I 1 • - q N g• 1 . c 03 1---1 ' I 1 •...., 1 1 . • t i 1 J .. - r, 1 1 1 i X j,. t_.....1 . .f..! t 1 i L • I 1 1 c1,-..---i-=-:_:-_•:.-.. .......,_...._,,,___... .. ir_ • • if B• 0 if • • .• 1, . ilgItY'si • II . -101! 4 h4 r :1Z• r I r al .......-••,•••-••,....•.........,,.........v...,......--........•,,,,,,,,.•,.. . . . . . • . : • Project Generated Traffic(Net New Trips) The project's "net new trips generated were established based upon determining the total trips for proposed zoning(144 dwelling units)less the approved zoning (108 dwelling u its).Traffic that is expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers,Trip Generation Manual, 9th Edition. That is,historical traffic data collected at similar land uses was relied upon in estimating the project's traffic.In referencing the Trip Generation Manual,it was concluded that Land Use Code"Apartment"(LUC 220)was the most appropriate use in order to estimate the project traffic. Table 1.of this report provides a.detaiI of the calculations that were performed in estimating the net new trips,which have been summarized below in Table B. TABLE B (Summation of Table 1) Net New Net New Net New Daily Trips Generated AM Trips Generated PM Trips Generated (ADT) (vph) (vph) 239 18 20 The report determined that the project will generate less than 50 net new trips during the highest peak hour. As such,the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating"less than 50 trips Exhibit V.E.1 c Page 6 of 20 TABLE 1 TRIP GENERATION COMPUTATIONS Revised:Jan 28,2013 CIRRUS POINTE EXISTING ZONING Land Use Code Land Use Description Build Schedule 220 Apartment 108 Units Land Use Trip:Generation:Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 220 Daily Traffic(ADT)= T=6.65(X)= 718 ADT AM Peak Hour(vph)= T=0.49(X)÷3.73= 57 vph 11 / 45 vph 20%Enter/80%Exit= PM Peak Hour(vph) = T=055(X)+17.65 77 vph 50:/ 27 vph 65%Enter/35%Exit PROPOSED ZONING Land Use Code Land Use Description Build Schedule 220 Apartment 144 Units Land Use . Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 220 Daily Traffic(ADT)= . . T=6.65(X)= .958 ADT AM Peak Hour(vph)= T=0.49(X)+3:73= 74 vph 15. / 59 vph 20% Enter/80%Exit= PM Peak Flour(vph)= . T=0.55(X)+17.65= 97 vph 63 / 34 vph 65% Enter/35%Exit= NET NEW TRIPS GENERATED Proposed zoning trips less Existing zoning trips Trip.Period . Total Trips Trips Enter/Exit Daily Traffic(ADT) = 239 ADT AM Peak Hour(vph) = 18 vph . . 4 / 14 vph PM Peak Hour(vph)__. 20 vph 13 / 7 vph Exhibit V.E.1c Page 7 of 20 Existing+Committed Road Network Table 2A describe the E+C road network.As shown,there are no significant 5-year committed roadway improvements within the project's area of impact. The two principal arterials that will provide immediate access to the site are Bayshore Drive and Thomasson Drive. Bayshore Drive is classified as a.four-lane divided arterial and Thomasson Drive is a two lane collector. The posted speed limit along Thomasson Drive is 30 MPH. The intersection of Bayshore/Thomasson is a four-way stop controlled intersection with pedestrian crosswalks. Separate turn lanes are present for some of the approaches.Figure 2B provides a detail of the intersection's configuration. Table 2A provides a detail of the surrounding E+C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress,current and future traffic patterns in the area, demographics,and business opportunities, as well as growth trends for the surrounding areas. Figure 2 provides a detail of the traffic distributions based on a percentage basis and Table 2A depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non-peak direction. The traffic assignments were agreed to with staff during the pre-app meeting: 4 Exhibit V.E.1c Page 8 of 20 1 I 1 Enterprise Avenue 1 Naples Airport i Exchange Avenue -°o, m 1 Propspect Ave .c5 c Radio Road NORTH (I 0 _ ____________ Naples Airport –..__ m a � 8 Q CR • t I a 5 L __L a_ o n. N. Davis Boulevard 'k r N N. Galdes Blvd .` v s. ' Ett o i 0 o .c O m i a iii L G \-6, „ e Rattlesnake Hammock o r his° : .... _ ysor LEGEND -5 PROJECT TRAFFIC DISTRIBUTION BY PERCENT 3148 TRANSPORTATION .ENsINEERING, INC. Cirrus Pointe PROJECT—GENERATED B Revised January 29, 2013 TRAFFIC DISTRIBUTION FIGURE 2A, Exhibit V.E.1c Page 9 of 20 -so C 0 E E z z Fi3 ..... 4,,, . 2 a• t.0 a to la ,„ co E 0., .... a a O• n% 0.. c E E — a) Iii x it a. 0 to c.1 o 0 , E E• 5 1 1.- '6 El co E • a. > 0 c — o I— to s• 4, .,..,,... C) C) - o 0 II. "5'b E , . ..... < LL 0 c — — 0 > c> LL1 < a 0 0 1.0 • ..J w co y- 10 o) co ifi ).-- Ca fr co E 0 = I- (1) c E O a = a W a .9 ,.., .... a a 0 C3 0 -E co r:e 0 -0 1 el W CI D 0 4% vt 0.1 ce ES U ;: ZI: vi 6 la. It > o ° .„...,.. „... _ ,r, .... U 01 0 C (1) 0 ‘• E f, 0 0 >...= • co 0 X i— 03 14 to ifi a, a. ...se • rs c teiWir*ft m 0 co 03 03 C) C 54 34 ). 1... 0 to .... 44 4, a 0 a 0 U . .0 .03 41 03 E ii :6: • ›, 0 0) .c Exhibit V.E.fc ra., a) k- Page 10 of 20 Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2%and 3%criteria(Le.,if the project's traffic is 2%or more of a roadway's adopted level of service capacity,then the project has a significant impact upon that link).Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways.As shown,Bayshore Drive and Thomasson Drive were considered to be impacted by the project. 5 Exhibit V.E.1c Page 11 of 20 C ! O 0 E Z 2 . . a tom+ # cs d _ kk � / 2 2 (-4 q & \ it ¢ § q G a 6 * o k / / / / > o tS - 2 - Ct. E...' 5 . . . > . . . C . . . . R in e�/ C / aCt .� kN ® E ' o M a . . . . . � 0 o § a _ . . iLi k ) Lo c —I w U) ■ o ' . . < < k a co . F = f2 0 o =.2 . . . . W § 2 . . . . . O c 0 o . . . E � co . . CL D l # . . . a / , > \ 2 k / » o § . tri \ a ° Ms « I-- / 2 . . . . a. z % . . . ( 0 7 c Ea. 2 § . . . R e . & . . LI 2 « Exhibit V.E. • / m E Page 12 of 20 2012 thru 2015 Project Build-out Traffic Conditions In order to establish 2012 thru 2015 project build-out traffic conditions,traffic count data was adjusted for peak season conditions,peak hour conditions,peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 2B was derived from the 2011 Collier County AUIR Report.The annual growth rate was extracted from the growth trend determined via the 2007 thru 2011 AUIR Reports. After the correct adjustments were computed,the project generated traffic was then added to the 2015 background traffic. Table 2C provides a summary of the 2012 thru 2015 traffic conditions. As shown,all roads within the area of study will operate at or above the adopted minimum performance standards. 6 Exhibit V.E.1c Page 13 of 20 o c 0 Z0 2 a m x a c . 3 oax. m .c US AI Cr) 0 to x � ill •r.al •s rn uoi 2 °a ' n ....I 0 o 0 qM aL 6 t• N Z o ca 0 O L� 1.0 w --io 0y ILO 4- . c -0 Q H 06 a N . 5 ja_a m R uJ Z N i co US O O Q 0 En. El' 0 N t R F- co 0 a L 0 c o e 0 a Rs to E o Exhibit V.E.1c m Page 14 of 20 i c 3 2 is _ m U U N ' r" 11- 0 ra too a. x a a. L. c p Yoa O 3 x r9z L aca w wdxcrx L] is N 3 E -4 a. • c d = o > 0 V o o 'El a r G 3 7. C p *+ N p tD et ; N -1 ". At CI a a. LL II LO V! = L �!' f] U) at = Z >. F. se a t 1.0 cv Q J CL "D o .> Q z Z L c Q o m• z.. � o 'cr ua ° u�yo ¢ • o a Q < al LI Ca Q ,_ c la U o 7o 3 Q to S O to O °- O) O O {U oi co .� � la W U F U w ° a. m t) cV E W'h F an m co Z a,. c c o -JL r = ° oo v r ; amg ' 7- toa � a N o�.z a. a iV a ,..44:( Oa 0 N i0 a.. N m O a N c w m <r v E o fri vi 0 o c Q N ,S O U N o + 6 C m et) Q in i3 a. o Exhibit V.E.1c CO 1 s t- Page 15 of 20 Site Access Evaluation Figure 2B depicts the project's turning movement volumes at the site's access on Thomasson Drive and at the intersection of Bayshore/Thomasson. The report performed a LOS/capacity analysis for the project's site access on Thomasson Drive for AM and PM peak hour conditions. The level of service analyses were performed based upon the criteria set forth by the Highway Capacity Manual through the use of their software.(A copy of the HCS worksheets has been provided in the appendix.) As shown,the site access analysis was based upon no ingress left or right turn lanes being constructed along Thomasson Drive.. It was determined that the site's access will operate at acceptable levels of services for 2015 project build-out conditions,and therefore,the report concludes that ingress turn lanes are not warranted. Bayshore Drive&Thomasson Drive Intersection Evaluation The project will add to the traffic demands for the Southbound-to-Eastbound left turning movements and the Westbound-to-Northbound right turning movements.There is presently an existing exclusive SB-to-EB left turn lane and an exclusive WB-to-NB right turn lane at the subject intersection. Therefore,no additional improvements are needed at this intersection in order to accommodate the traffic associated with Cirrus Pointe. 7 Exhibit V.E.1c Page 16 of 20 W L O CD NORTH >\. /MS. 0 CO Intersection Geometry Intersection Geometry a 41-' 4 .1. __!.. ____y {f (i) U O Q v- to a - N a. mm.s a. am_ if to o 4� m Q¢ -i i as AM .10 : PM 5 AM 1 PM 4 AM .41 : PM24 AM5 : PM 19 4 AM 1 : P:q4 T omasson Drive `1 AM 4 : PM 2 ---► AM3 : PM:9 1 AM 10 : PM 44 NET NEW AM PEAK ENTER/EXIT = 4 VPH/14 VPH NET NEW PM PEAK ENTER/EXIT.= 13 VPH/7 VPH TOTAL AM. PEAK ENTER/EXIT = 15 VPH/59 VPH TOTAL PM PEAK. ENTER/EXIT = 63 VPH/34 VPH ® 4—Way Stop:Control Intersection �� pp0 = Minor Street Stop Control Intersection J MB TRANSPORTATION ENGINEERING, INC. Cirrus Pointe PROJECT-GENERATED, FIGURE 2B Revised January 29, 2013 TRAFFIC DISTRIBUTION Exhibit V.E.1c Page 17 of 20 • APPENDIX SUPPORT DOCUMENTS 8 Exhibit V.E.1c Page 18 of 20 TWO-WAY STOP CONTROL. SUMMARY 3eneral information Site Information Analyst JMB Transportation Intersection Site Access @ Thomasson Dr Agency/Co. Jurisdiction Date Performed 1/7/2013 Analysis Year 2015 Project 8/0 F ---.sis Time Period AM Peak Hour 'rtfect Description EastANest Street: Thomasson Drive North/South Street: Site Access ntersection Orientation: East-West Study Period(hrs): 0.25 /ehicle Volumes and Adjustments Major Street Eastbound Westbound ;Aovement 1 2 3 4 5 6 L T R L T 1 R /olume(vehlh) 10 462 310 5 'eak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 -burly Flow Rate, HFR 10 486 0 0 326 5 veh/h) 'ercent Heavy Vehicles 0 — - 0 — Aedian Type Undivided ZT Channelized 0 0 .anes 0 1 0 0 _ 1 0 ionfrguration LT TR Jpstream Signal 0 0 ttinor Street Northbound Southbound Aovernent 7 8 . 9 10 11 12 L T R L T R (olume(veh/h) 18 41 'eak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 iv's, Flow Rate, HFR 0 0 0 18 0 43 Ul t 'ercent Heavy Vehicles 0 0 0 0 0 0 'ercent Grade(%) 0 0 'fared Approach N N Storage 0 0 2T Channelized 0 0 .anes . 0 0 0 0 0 . 0 configuration LR )elay,Queue Length,and Level of Service ■pproach Eastbound Westbound Northbound Southbound Movement . 1 4 7 8 9 10 . 11 12 .ane Configuration LT LR (vehlh) 10 61 (m) (veh/h) 1240 539 lc 0.01 0.11 15%queue length 0.02 0.38 ',onto' Delay(slveh) 7.9 12.5 os A B Aproach Delay (s/veh) -- — 12.5 pproach LOS .. — B 3py \t Q 2005 University of Florida,All Rights Reserved NCS+TM Version 521 Generated` 1/29/2013 10:13 AM Exhibit V.E.1c Page 19 of 20 A i •i �_ i �� N N I • r a ! a ! 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All z_4 v v g m ro` .1 x a Cm r r E. 1rI r ...• i v^' a a t2----:- 6166 w l0.., i i a2 z++x..De a x:cN x.c.6�r ;y t r , � _-CK o.va,wa r, w, +a a c r s I n v;x rt a 4x s : Jf )GUU 666x UGs6U'5 h!yr6f6t:Fi 6 /"...,,jL I i V . + i•• • �v l l I � N�N ry eJ� a tr.l�M �� i .i F 4 Y Y?cc • 22 Exhibit'V.E.1c Page 20 of 20 ORIGINAL EXHIBIT V. F. OTHER <cm 6 -Li cn F 7,1=- ;17. =1-7 a 2 D w w -.. 13 15.3A13014 , 1 0 W n 11E1- : 40 Lc, 2 t iiiii LIJ E c'L,,•V NOON N 191 1; Ilk m th v 17, 12 e- M 6 6 o_ 2 D 2 7 . Ca°- 2 .13 4 2 El . .,2 0- 2 6 co - r-- I. L., - c.) g 1104 ; -z . . a .... CC ' •i EIDI = 5 ° D \_.---..,_ g 56 d Mlle 0 tl \4 A g i - -4- ---.-._.. ' F 3N-a nvve-z-3 - F- -- .) ((Nu A1ie)0 BAraci 3noms.ve .1 t.-.0 Fig 9 . 0 r-, t i CC 0 3 0, 5 r\ 6 Z ,z, 8 li(: , ilia I 0 U !; m 0 6 m ci . = • ec i ec '2 D .7 i ,2 co g 1 , i - .• 2 ' .• .• L..,_ r 1337115 3N1c1 ■ , Li .,.1 I sxoax.3Nosn saweenas.00..-aus<> 1173 V- i 74 . I I 1 . ,,,.....„,, V . . :25" S 40-93 VW DC(1 40-SIZ,.■ :5, 2 w .EMI z CD L..,__-_.• • :c- 2PINi-D Z.___ I :-, n 2 OM:', 2 L'= g_ 1 0.-ro st-sc-0.-.3-213. co-sz-z. s 1 - 5 r Las m t..,..- E.. ' 6 ; 0.-a,oca-me-co-r. ct.ron,I■ i scs-03 solr-eiv-m-vA re-41-s,4! 2 litIM-'_th 2 2 2 : i cr-re Ws-m-0m re-1,-s f i e 0 M S 2 M. 1 IA■ 2.2 -= 0 -U0-:S 1 I 1! 1 ..cx twasoz a/ cn ,0 41 og. . ,.. ,.; 0 11 n Ilk UGARIOUSE 1'9' .,,,,II Z •Li :.-tIgA 407 ,>: inli 2 1 iti„: I.L. Fj el w 4111111I 4111111■—■,.. IMMO NIL L.L, N., . ------ IIIIIIIPV v) ,,,,„.,.. N. . i z -• E ' ''-' L±, CC Mi. 1111 in u) E- 0 a - 0 < z . . : t 2 i 2 ZI ■ g 7 , - i 1 gi V, ,,••••■,,,, n zgil '0 `415.«,1,10s1 .n os,.,•",aA 01.PM 30 A.1.0 1 EHMtin; NOTE:FLOOD ELEVATION(AE-7) Exhibit V.F Page 1 of 1 COPY EXHIBIT V. G. SUPPLEMENTAL INFORMATION LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A. and Coleman,Yovanovich and Koester, P.A. (Name of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this App I -tion. Signed: i// Date: 1 /c / ii Paul We-..w - -, . - -ger - of Cirrus Pointe Partners LLC, A Florida Limited Liability Company I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. r- _---SigFletnre-of�Cpp I-T`n Paul Wolmarans, Manager of Cirrus Pointe Partners LLC Name-Typed or Printed STATE OF ( Fio ) COUNTY OF ( Dr, 1 ) Sworn to and subscribed before me this 0 day of I_ �i% =i-'11 , 2012 bye MY COMMISSION EXPIRES: Notary P . ic 1 1 J04'µY PVB�. KRISTI LEE FAILLA 'r.• ".° Notary Public-State of Florida CHOOSE ONE OF THE FOLLOWING: " ` My Comm.Expires Oct 31.2014 I 4 -;;F01*,, Commission#EE 34547 who is personally known to me, ( /� who has produced l" J /1 as identification and did take an Oath did not take and Oath NOTICE- BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." CIRRUS POINTE PARTNERS, LLC UNANIMOUS WRITTEN CONSENT OF DIRECTORS AND MEMBERS IN LIEU OF ORGANIZATIONAL MEETING Pursuant to the authority of Section 608.4231(8) of the Florida Limited Liability Act the undersigned,being all Members of Cirrus Pointe Partners,LLC,a Florida limited liability company(the "Company"),hereby affirmatively vote for, consent to,adopt,and approve the following resolutions: That the following person or entity is/are hereby elected as the manager(s)of this Company, each to hold office until his or her successor shall have been chosen and qualified or until his or her earlier resignation or removal: SWEETWATER PARTNERS,LLC as the sole Manager ii p Effective as of the 1 7 day of VEf gig /r- ,2012. /7„........ , Johannes Ross Paul Wolmarans Sweetwater P., ,� r o P Wolmarans manager. *** 3758005 OR: 3955 PG: 3441 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This lastrvment Prepared By and return 12/28/2005 at 01:57PM DWIGHT E. BROCI, CLARE W. Jeffrey Cecil, Esquire COPS 1080000.00 Porter Wright Norris A Arthur, LLP RIC FIE 10.00 5801 Pelican 3 Blvd., Ste. 300 Naples, FL 34108 DOC-.70 7560.00 Retn: PORTER WRIGHT ET AL Parcel ID Number. 61840560008 5801 PELICAN BAY BLVD #300 Warranty Deed NAPLES FL 34108 2709 This Indenture, Made this 16th day of December , 2005 A.D., Between K I C, Inc. of the County of Cook , State of Illinois ,grantor, and Cirrus Pointe Partners, LLC, a Florida limited liability company whose address is 15544 Monterosso Lane #102, Naples, FL 34110 of the County of Collier , state of Florida ,grantee. Witnesseth that the GRANTOR for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said GRANTEE and G -heis„,successors and assigns forever,tl.c following described land,situate, lying and bang in the County of {' r... of Florida towic All of Lot 103, Naples 9 d . .t• 111 IA ••.4.= .yts Little Farms No.2, according to the plat .' , as recor• =. £s'lat Book 1 at Page 27-A, of the Public R':erks•of Collier Co yes-,,F,lorida. Subject to restric ion.:,c reservations a d eas>.en\t} of record, if any, and taxes aul�aegenYd3tcr 2 !f i '1 iiiNyM D ' , (.:-.) \, ,,,,„9\,...!..„,,,,,, i F-4 . v,,,:-) ,,, „ , t 7 -� cis ... and the grantor does hereby fully warrant the title to said land, and will defc•• the sane against lawful claims of all persons whomsoever. In Witness Whereof,the grantor has hereunto set its hand and seal the •ay and first above Signed,sealed and delivered in our presence: K I , I,I . j '�� 111 ,/ By: a (Seal) Printed Name: 0 t. ..- vAt4„ ��*P • chard B. Kapnick f President Witness y • a.Address:Bank One,10 S.Deerborn St.,Chicago,IL 60603 Prin ed Name: /q}ke4 L y cs Witness (Corporate Seal) STATE OF Illinois COUNTY OF Cook The foregoing instilment was acknowledged before me this 16th day of December , 2005 by Richard B. Kapnick, President of K I C, Inc. on behalf of the corporation he is personally known to me or he has produced his Florida driver's license as identification. ►n .:.• inted et t./ tary Pu1ic 1 Oil Copley Mtn Putik Slab d M ommission Expires: l Z--l ocj Weis It/won Exphs Dec.1, FIELDS Luer G•e,uad by o Display Spun;be-.2003(rot 765-5555 For.•Fiwpt COPY PRE APPLICATION MEETING NOTES Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX(239)252-6358 www.coliiergov.net PRE-APPLICATION MEETING NOTES PUD Rezone (PUDZ) '14 PUD to PUD Rezone (PUDZ-A) PUD Amendment (PUDA) PL# P(1D 'A-PL-DolatOoa357 av Date: I D it/1 (/ 0,-. Time: `( PM Firm: q. t-t r I no G,r Project Name: C I RROS—Part lQ- PU 1 Size of Project Site: 9. 1 c2, acres Applicant Name: — Phone: Owner Name: Phone: Owner Address:- City State ZIP Existing PUD Name and Number Ce_US5 o I}J7�J �� OF -39. Assigned Planner Q_ re.zv-r._t C.4/1 P A' . (2DO-A-A5 0 i/Qf Meeting Attendees: (attach Sign-In sheet) ( �) �, ttLi� �oQ tin is i_� a�'2' c;.7uL a Meeting Notes ,i ; Kc u vl t T-0(-1._ N4 (..3 t,,,.s n f ui &Q -far- oo lU , ( ( tk('i'c.Q,t 'i p i_ ( ! (?tea,i - 1 +- _� 1 - ILf� 1rY� ta• T .J�c- �Y-S k rt" A C-U•-v•n. 47-1 Au , ?-u- I P ti s as-l-- p cLc e Cet' ocU,~hesr,a f s p cc c� JUNE 2011 Page 1 of 12 Come-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX(239)252-6358 www.coltiergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) PUD AMENDMENT(PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRE STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) t' Copies of detailed description of why amendment is necessary / Completed Application (download from website for current form) Q PUD Document&Conceptual Site Plan 24"x 36"and One 8 %2" x Q 11" copy Revised Conceptual Site Plan 24"x 36"and One 8 %" x 11"copy Original PUD document and-Master-WAR-24"x 36" N P f D (2.4 ONLY IF AMENDING THE PUD (cc ul ve.,k_f'-r q 0! cf Revised PUD document with changes crossed thru&underlined Revised PUD document w/amended Title page w/ord#'s,LDC Ed, 10.02.13.A.2 L� Deeds/Legal's & Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 Owner/Affidavit signed&notarized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact Statement(EIS) * or exemption justification 2 X Digital/electronic copy of EIS (copy for Planner &Environmental) 2 Historical Survey or waiver request 4 Utility Provisions Statement w/sketches 4 ;/ Architectural rendering of proposed structures 4 ✓ Survey, signed& sealed (r)0 A?l;lre- ti It n":0 tarn 4 Traffic Impact Statement(TIS) or waiver(with applicable des) 7 tom" Copy of Traffic Impact Statement(TIS) on CDROM 3 v/ Aerial photographs(taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes,Legend, and project boundary JUNE 2011 Page 2 of 12 9rnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239) 252-6358 www.colliergov.net Electronic copy of all documents in Word format and plans(CDRom `1� or Diskette) Justification/Rationale for the Deviations(must be on a separate sheet within the application material;DO NOT include it in the PUD documents) Copies of Official Interpretations and/or Zoning Verifications School Impact Analysis Application (residential components) 3 Is t 1 set for School District(residential components) t. Affordable Housing or Economic Development Council Projects: EDC "Fast Track"must submit approved copy of official application__ 2 Affordable Housing"Expedited"must submit copy of signed Certificate i/ of Agreement. **If project includes an Affordable Housing component, you are required to + schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. \ LW Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# I Deltona I 1 Lely Barefoot Beach } Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 (�If located in RFMU(Rural Fringe Mixed Use) Receiving Land Areas -pplicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. .\ IN If located within %2 mile of City of Naples, send copy of submittal package to: Ro oin Singer, Planning Director S CA ti 4 +i e S City of Naples, 295 Riverside Circle, Naples,FL 34102 i JUNE 2011 Page 3 of 12 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential / PARKS&REC-VICKY AHMAD com•onents Am Taylor SUPERVISOR OF ELECTIONS 1 f IMMOKALEE WATER/SEWER `` DISTRICT DR/EM1 -EMER.MGMT-Dan / UTILITIES ENGINEERING: PAULO Summers • V MARTINS _ V CITY OF NAPLES, Robin Singer, BAYSHORE/GATEWAY TRIANGLE Plannin• Director REDEVELOPMENT Executive Director t.)( CONSERVANCY, Nichole Ryan • cf FIRE REVIEW: RICCO LONGO / EMS-ARTIE BAY y/ ENGINEERING:JACK MCKENNA �( TRANS. PATHWAYS:ALISON - COMP PLANNING: (SEE SIGN-IN BRADFORD _ SHEET FROM PRE-APP MEETING / ENVIRONMENTAL: SEE SIGN-IN �/ SHEET FROM PRE-APP MEETING) Fees Application Fee: I $10,000 (PUD Rezone) +$25 per acre(or fraction of thereof) Auk $8,000 (PUD to PUD) +$25 per acre(or fraction thereof) I $6,000 (PUD Amendment)+$25 per acre(or fraction of an acre) DN Fire Code Review-New PUD Rezone$15 PUD to PUD Rezone $125, P i) Amendment$125 IN $2,250.00 Comprehensive Planning Consistency • IX $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). I I t4\$2500.00 Environmental Impact Statement review fee 1*$1000.00 Listed or Protected Species survey review fee(when an EIS is not required) J' Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): a $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology Meeting. /7 Fee Total$ JUNE 2011 Page 4 of 12 Co!C er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant most conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five(5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 Page 5 of 12 NOTES F„,,2 Coy : � e �,t 'L Fregoi C374n141- ti41/4-v . 412c -tag 0 /tA cl /JUri C�F�"S r� l✓ d�s Amok Page 6 of 12 NOTES JP 1ii .ilt _ !—✓ — Jti L__. I • 4 ' ' (4-e _- �ev7�° , - AJi.•, - / ir. _�le∎t � 01 4J /41 - ��: SAP' . . r4 0 .NfL pfQa iyi. .:4 -¢/. -- a vo SA-14h PuD Bloc, jo/te-v-)rcLe 1 ,P:d 1/472)Q--erzi Le-67( IAA 1 i OP I Page 7 of 12 Sep. 26, 1012 11:31M No. 1211 P. 1 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (238)42-2400 FAX (239)252-5724 WWW_COLLJEJGOV-NET _.15'�._— r^ 4�J: � _�r�rfa_.�'� .ti_r'..€•� 1 :.u:=�1 , ^�IM,�"u� .1�� f�.�' Y�{�n 1r I. ^ �� ,. ��j pyy,� f err H r- rSP r -d'-_._• =C.•f I' 3 i- �f}�.7 �' -a '1:^. ... �`«'+.h+�t�' 1 '� "WW[l��`r�.�^�",s'wE�F: Please complete the following and fax to the Operations Department at 239252.5724 or submit in person to the Addressing Department at the above address. F• . ust be ."■ ed b ►•ressin► ,; onnel Ma to pre- application meeting,please allow 3 days for processing. Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST Be PROVIDED, Forms older than 6 months require additional review and approval by the Addressing Department. PETITION TYPE(indicate type below, complete a separtia Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(insubstantial Change to SDP) • ❑ CU (Conditional Use) _ El SiP (Site improvement Plan) ❑ EXP(EXcavation Permit) .` ❑ SiPI(Insubstantial Change to SIP) ❑ FP(Final Plat ; ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNG(Street Name Change—Unpiatted) ❑ PNIC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) - ❑ VA(Variance) ❑ PSP(Prelirninaty Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUB Rezone ❑ VRSFP(Vegt:1141ian Removal&Site Fill Permit) ❑ RZ.(Standard Rezone) E1 OTHER pUDA ' LEGAL DESCRIPTION of subject property or properties(copy of lengthydesoription maybe attached) I t -- ALL OF LOT 103 OF NAPLES-GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 27.-A OF THE PUBLIC RECORDS OF'CO}L'ER COUNTY, FLORIDA. FOLIO(Property IL))NUMBER(s)of above(attach to, or associate with,legal description if mere than one) • G 184O56Oooa • STREET ADDRESS or ADDRESSES (as applicable, if already assigned) NO SI I E ADDRESS-LOCATED ON THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE * LOCATION MAP must be attached showing exact location of proJectlsrte In relation to nearest public road right- of-way • SURVEY(copy -needed only for unptatted properties) PROPOSED PROJECT NAME(Itapplicable) CIRRUS POiNTE (E)(ISTiNCI PROPOSED STREET NAMES Of applicable) dor r{r ek. Y.U12 11:31A10 No. 1211 P. 2 CO 67.-' COMity COLLIER COUNTY GOVERNMENT 280a NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVIStDN/ NAPLES,FLORinA 34164 PLANNING AND R. GULATION (239)25Z-2400 FAX (239)252-5724 W4ft1W.CO1 LJERGOV N SITE DEVELOPMENT PLAN NUMBER(for existingprojectestleg only) SDP - or AR It Project DrdeVetopmenf names proposed for,or already appearing in,condominium documents(if application: indicate whether proposed or existing) CIRRUS POINTE (EXISTING} Please Check One: 1E1 Checkftst is to be Faxed back Personally Picked Up APPLICANT NAME: SHARON UMPENHOUR PHONE 239.947,1 144 FAX 239.947,0375 Signature on Addressing Checklist does not constitute Project and/or Street game approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) G (`Z.t Folio thnz ser Folio Number • Folio Number Approved by: vt,rt� d' Q , q • l L - Updated by: Date IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED age o �, c c c �. 15 , o o ) .-. o O ° 2' ca) > cc4-, c >cc ° > c i ° > - • aO > C c • C c L > n) = o > AAa)) > L > o > O L o W� > > = o c ° c20 o c o ° W O ^, ' o .a) O > o � • W R` _ V O L a) / 1._ CD m o . a) O . •W CD O O Z U ° U O ° a 0 O a)3O - U O p 0 O O . U U O a) • W °O � . oa) c E O � m V ° W _ 5 • V a) 06 cz iL c O O o as - U c — _C 4- ca) � L Uc -aa) � � a) a) E ° ° U _ U 0 C 13 ° E o n -c 1E co O U � U0 O O ci) c L � L V l W ♦ a �� W a ¢ >' C U O SS � O Q O U (o Q F— � . 3L . aa) C o L. '- ° 5 c2 V '� � - _C -- Q Cy( O O 1 CB o V a) -c . a c rt T O m m ca o L ca O C) Z Q- u CC .0 cu E co U L ma_ Z U U U Y C7 Q SD CO 0) l's 1no V- 0) CD CD U) 0) LO 0) LO ..1- co co NT N- 0) if) C) a O) co CO N- LC) = 'd" C3) N CO LC) O d' CO CO a) CO d' rn t— t— N rn j 4) N 0) 0) CO (00) Cocccn �-- C0) ICN ' - ' ' 'c 0) -c 10 0) 0) 0) N N N LO N LO LO CO Cf) LO N to c' N CO N N N In N N CO CV N N N I` N N N N N N N N N N N N N N N N N N '/� to LC) LO LO GO LC) If) LO LC) Lf) up U) LO LC) LC) up If) LC) LC) Lf) L0 LO IC) .. Q CO N N N N CO N N N N N N N N N N N N N N N N N N Z co . Q aZas CB C J0- a) ® "c C c� c C C O O O E cp O. O C E C C °Q CO as as '> •'� "> Q ' L 11. W a. CU a) a) o i N otLn- a � c — O U) OCCCrCr a) "� Q c c � ._ co 0 o -> > _> a is as ai 62 > ' 0 0 N CO u) in -}- CU °) «- - 0)-- F— '> C3) c C C C C C p Lli C C3) C Ca CU C E O O C C5 O O O O O a) O l Z 0) c a) y- L i--+ •iO U Z C O u U -0 a o o a) /O _ c a a a C O c E L U 0, • oW Q Q W� LL CZ (n -- CI) L L L E U C a) n C > N Q) _ Q Q 2 o O L U o as Q c c 5. L c E E > "> > � a. co ) -a as O ) a) a) — — Q o r— _ _(ts j J D_ U J Ili Q CL c,3?? IA 0 Z co W LI CO c c _c O c W Q LL{ co o U as E Z j U — a) c O o .� o c � °) 0 ° 0 :2 _0 _0 -- a) ) � Q Q O LU C s- v a) 0 -- o U a) Cl). co -t C as 0 EC co C U' o U O c � � -0 � t U as c > � U Q .ai O s--(" CD tJ CC j 'D F- H Cl) u) --) ° U � ° m � �U o � J c a) (I) c ALL U o Q >, E a c m t� o >,_ O >, co O O as _ >+ i O O co U ctf a) ) — ca L L O as as ca •- o _c �- as O O I-- a � X —) 0'� Q2mCDCD0_ ZCD2UUY (n � m tea. a. 0 .44,00elo ®oA000wooaooa0000 - Page 10 of 12 O 0 . . c( C - v `� < . IN.- L 0 ' c_ , Q in ,U U l' l'' , CO J m fir. 9 J M N N t ) Z k t N , z N tP ` '�'' cal N c)- 0 L Z ' 3 1 Z -- no 4- al> o Lii v � w 0 !.- . c� a) Ce PCJ " -D .' OD 6 v x 1 0 N _ !fir' `sue ,6 �� ti w S w �.`, n O. L z CL Page 11 of 12 MEETING NOTES COLLIER COUNTY **** DEPARTMENT **** ] pGArt'ir//✓4 c ZON(K& DATE /Co l2 TIME 2 ;.90 'H � � �eksAL/Gp ( ''j r��j NOTES BY TOPIC OF MEETING 1U� 4 rOlhtc' 6"'! /7 CiaL, 1,- 4s. S/vG PL*��,567jd/, ATTENDANCE(print name clearly) J S<-e a-t tA4 //ft KEY POINTS/UNDERSTANDINGS/CONCLUSIONS 1 1.3C Gf rro$ Po;,,ft t pup(/o r • 'I ! etc S, rDrofs- tilt( b Us i u/.¢) ire its-/ -60-fr-10/7/ f 4 p-4-A0-1 r / 4 SRS 3yrs, • liD l (r/1 PA 4''44,5, 1� GTito �./ �� s/7�-f e/F'c S�v. ,i, ,rte `A) >4./ 821-5e 70 — b h�E 1��,.�s,i� �/ 1o0 Use D( Le4iy,i )3,90/ 1-e, -otiy St�ot;Sf'rirt r. t$,iuP 1 O 0►rLr(may - 1.4.may/ Ki/ c 4'1"t f"''"5 ,h Po p if Avt— CP-^q `119 13,110 J, -f-A- bo-th 7.e,-/,'-#TOMS Cite .4e- 5v,4.,;J- 71m/.v((u- - .to n for- SJbr7f �-/ Pvki4 (tr4P/J- ' /jc,'"/- ! r l41f etI(O!✓4 71,,‘5 _/a pA ,`s 1rhlra 6P- 2012- 3c RAT-R9 Ny ex r444;e4 pv-opp s 74, ��OWV 5 D 1, /� oo �.�-/ s o L3 rl ir9 ec – cs- i_n a t O 61119-. G OMVS /C�'S/f"/ � I � � I' r 'r ar(y / f �Y 7k-01>0>di PUP rJc »lI f7iGC, / Pre--A-pp --Fu ( plte-J. Page 12 of 12 COPT ORDINANCE 2005- 63 AND ORDINANCE 2008 - 38 6v� g293037 • N Tst N ��f- (� ORDINANCE NO.05- 63 • `` (0 CO AN ORDINANCE AMENDING ORDINANCE NUMBER e`s ' / 2004-41, AS AMENDED, THE COLLIER COUNTY LAND .tet 19t5I1tti£A.> 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 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF-6 ZONING DISTRICT WITH BMUD-R2 OVERLAY TO THE RESIDENTIAL PLANNED • UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD-R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN • AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY • UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields,petitioned the Board of County Commissioners, in Petition Number PUDZ-2004-AR-6906,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 herein described real property located in Section 14, Township 50 South,Range 25 East,Collier County,Florida,is changed from the RMF-6 Zoning District with BMUD-R2 Overlay to the Residential Planned Unit Development(RPUD)Zoning District with BMUD-R2 Overlay for a project to be known as the Cirrus Pointe RPUD,to allow for a multi-family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units(in the amount of 78 units at 7.89 bonus density units per acre)in the development of this project for low-income residents that will include a maximum of 32 units designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit"A"and incorporated by reference herein.The appropriate 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. Page 1 of 2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier t/ County,Florida,this /) day of /(///(.4114,72-0-05. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA iT,Ci .a...A 0C. BY: A' r IC�HTE:;BR4, ,C 4 RK FRED W.COYLE,CHAI AN ,AttestJi to, ChaIrma*1 sipii+i ;,iii ly Approved as to Form and Legal Sufficiency: Marjorid Student-Stirling Assistant County Attorney P U DZ-2004-A R-6906/KD/sp This ordinance filed with the $Qcretary of Statess,Office the al�_day oflilelS r�r O and acknowledgemen that filin. receiv-d this OS day of■ 1 14a `lark. Page 2 of 2 CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED October 29, 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-63 TABLE OF CONTENTS g=* . PAGE TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS iii STATEMENT OF COMPLIANCE The development of approximately 9.92± acres of property in Collier County, as a ?fanned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5A of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units/per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Project Within the Urban Coastal Fringe Subdistrict Base Density 4 dwelling units/acre Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density = 10.89 dwelling units/acre Maximum permitted units = 9.92 acres x 11 dwelling units/acre = 109 units Requested dwelling units = 108 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. 2 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 Cirrus Pointe Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.3 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. .4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF-6 Zoning with BMUD-R2 Overlay and is proposed to be rezoned to RPUD with the BMUD-R2 Overlay. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet 3 NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately#7— Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid-story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi-family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". 4 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 tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. s 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit"A". 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 configurations 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 subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT-OF-WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 6 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS'ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. 8 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 9 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus Pointe RPUD. 10 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI-FAMILY Minimum Lot Area (per unit) NA Minimum Lot Width NA Front Yard Setback (1) 15' (2) Side Yard Setback (1) 1-Story 7.5' 2-Story 10' 3-Story and 4-Story 11.25' Rear Yard Setback (1) Principal Structure 20' Accessory Structure 10' RPUD Boundary Setback (1) 1-Story and 2-Story Homes 15' 3-Story and 4-Story Homes 25' (3) Accessory Structure 10' Preserve Area Setback Principal Structure 25' Accessory Structure or infrastructure 10' Lake Setback (4) 20' Distance Between Structures Main/Principal 1-Story 15' 2-Story 20' 3-Story 22.5' Accessory Structures 10' Maximum Height: Principal Building 40' or 3 habitable stories over parking Accessory Building 15' Minimum Floor Area 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi-family minimum front-yard setback shall be increased to 23 feet where both perpendicular parking and a 5-foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. 11 B. Off-Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on-site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code_ The owner/developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90-10, as amended. 5.7 UTILITIES 15 A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shalt be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity"from the City of Naples. C. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4-inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4-inch force main, connection to either the 12-inch force main on Bayshore Drive or 12-inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC 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 Collier County Land Development Code. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01-13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are 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. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-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 Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer 17 ASkAkk and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6-foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. N. Prior to approval of the site development plan, the owner shall deed over the right-of-way easement located at the southwest corner of the subject property to Collier County. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the 18 plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to Environmental Services Staff for review and approval prior to site development plan approval. 19 All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. J. AU Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 20 i 1 illi N t.'a Z� C-3 ZONING ga g 0 _.- UNDEVLOPED b f -_- `I■ ' BAYSHORE DRIVE(RAN VARIES) _ (4dLtNES) !il m iii a C Iv 8 it f r! 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Z� i I . 1, I, ; f 1 do tia 11 i! igilill ,. ,- gl _j ip, 1\ \ •a °zz �` c� - u 1 r R . z � ~ j % , Aifi >11 ral—, 117.8.4 i; 1 1 ! L._..2___Lri 1 > i Z . 1 f II ii; i 1 g RESDENTIAL AREA f I! i UMW(IRMA 1r Y _Ili .7776-7� - ..IY 1 1 4 [iif t 1 r, ......._........----,_ _„___ ,..,_ A2.-_-,-;, -,-.,:7,74 1 1 gli S� }, jt�iF` �i D Sri In"z I 5 �1 i — a d 1F. :::.1#4 :::: =m� o0 I r ° g . Rig 11 EXHIBIT"EV I Prepared by: Patrick G.White Ass't.Collier County Att'y. 3301 Tamiami Trial East Naples,FL 34112 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND • RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2005, by and between James J. Fields (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 Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable Units constructed by Developer shall be 32 , representing 30 percent of the total number of residential Units in the development. 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 RECEIVED Rev 9/3/2003 Page 1 of 30 JUL 2 5 2t105 PUNNING SERVICES i.EFF,hTMENT Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 at 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 78 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 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 Agreements. The Developer hereby agrees that it shall construct 32 affordable 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 Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC 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 LDC § 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 Page 2 of 30 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 C, 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) Eligibility 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 housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable 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 §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and Page 3 of 3Q occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 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 purpose of income verification, attached to the Affordable 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 Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable 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 Page 4 of 30 family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, 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 Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable 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 § 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 Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department 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 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 3 units per acre, and is therefore granted a density bonus of T89 density bonus units per acre, for a total density (total = Page 5 of 30 density bonus units per acre X gross acreage) of 11.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. 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 Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable 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 Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 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 Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 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. Page 6 of 30 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 units in accordance with this Agreement or LDC § 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 § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over 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. Severability. 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: Page 7 of 30 To the Commission: . Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, FL 34110 With copy to: 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. Page 8 of 30 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. 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. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04. 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 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 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 units. e. The affordable 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 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 Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes Page 9 of 30 place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable 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 30 percent affordable housing units for this project, with 30 percent of the units in each phase as built consisting of_affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable 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 housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapolication. Developer has executed and submitted to the Page 10 of 30 Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved a t form and legal sufficiency: Patrick G. Mite Assistant County Attorney Page 11 of 30 DEVELOPER: Witnesses: (/ 1 ,--ems By: ---1 M�.S * X , ft Witness Printed Name 4,/,'%�'40,,„ L . avc r J6.0 i' 5.7c 'Zt B : Witness / '/ ,{ , _....--).D' Printed Name Lc. STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by __a6tit-s 1 r■,E c v5 as C`LLA:t( ) of C i a►Z(..ti s P 1A iE Pu�} , who is personally known to me or has produced as identification. WITNESS my hand and official seal this ;,2157- day of 1-(ACT/ , 2005. MOW F - =:M 1 ...M4./ ~M� , otary. blic My Commission Expires: Page 12 of 30 EXHIBIT A LEGAL DESCRIPTION The subject property being 9.92±acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." Page 13 of 30 APPENDIX A,EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 21 4 Bedroom 0 TOTAL 0 21 VERY LOW INCOME (50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 11 4 Bedroom 0 TOTAL 0 11 VERY-VERY LOW INCOME (25%-50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Page 14 of 30 4 Bedroom 0 TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 . (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development(including affordable housing density bonus units) 10.89 units/acre. (5) Percentage of affordable units pledged by the developer(as a percent of the total number units in the development) 30 %. Page 15 of 30 APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable 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 low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B 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 (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B 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 housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of"four" will receive an affordable housing density bonus (AHDB)of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B. the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling Page 16 of 30 units per gross acre. APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80%MI= MODERATE (OWNER-OCCUPIED, 0 1* 1* SINGLE-FAMILY) 60% MI=LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI= VERY LOW (OWNER OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 17 of 30 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 2 3 4 5 6 7 8 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 80% $1,046 $1,256 $1,451 r $1.618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 Page 18 of 30 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. • Page 19 of 30 APPENDIX B,EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co-Tenant Name Race/National Origin: Handicap: Yes No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly$ Weekly$ Every 2 Weeks $ Monthly$ Social Security Number Birth Date --- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Page 20 of 30 Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly$ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer 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: How Long Known: 2. Name: Address: How Long Known: Page 21 of 30 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No. 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. 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 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 $ $ $ S Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ S $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ S Family Assistance $ $ S $ Child Support $ $ $ S Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Page 22 of 30 Union Pension $ • $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION 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 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 HOUSING UNIT. Page 23 of 30 APPENDIX B,EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: 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 as identification. Witness my hand and official seal this day of 2005. (notary seal) Notary Public My Commission Expires: • Page 24 of 30 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 as identification. Witness my hand and official seal this day of , 2005. (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 UNIT. Page 25 of 30 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. 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-9.92 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 12-2-04 _ and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 10.89 units/acre. Gross acreage of the proposed development. 9.92 acres. 4. Are affordable 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. Cirrus Pointe PUD, located and the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. Page 26 of 30 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 0 0 Page 27 of 30 LOW INCOME 60% MI Efficiency 0 0 1 Bedroom 0 _ 0 2 Bedroom 0 0 3 Bedroom 22 22 Other 0 0 TOTAL 22 22 VERY LOW INCOME 50%MI Efficiency 0 0 1 Bedroom 0 0 2 Bedroom 0 0 3 Bedroom 10 10 Other 0 0 TOTAL 10 10 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low 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 Page 28 of 30 additional pages as Exhibit"D"if needed. (See Attached) 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. Page 29 of 30 APPENDIX'D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus Pointe PUD. These Affordable Housing Units will be comprised of 10 three-bedroom Very Low Income (50% of Median Income) and 22 three-bedroom Low Income (60% of Median Income) Units. All Affordable Housing Units will be sold to owners as owner-occupied multi-family units. Each unit will come standard with carpet and tile floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three-bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house additional storage areas for each unit. The entire community will consist of up to 108 multi-family homes and the units that are not designated Affordable Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. • Page 30 of 30 STATE OF FLORIDA) • COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-63 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005 . DWIGHT E. BROCK Clerk of Courts anci- e' Ex-officio to Board. of County Commission •. By: Ann J nejo Deputy Clerk - , ORDINANCE NO. 08- 38 AN ORDINANCE AMENDING ORDINANCE NO. 2005-63, TO REFLECT CONSIDERATION AND APPROVAL OF AN AMENDED AND RESTATED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO H• H r-• CO bo N d7 4I :S UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE "▪' ° 0 � o AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) "A IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI- FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. o m O • d o �. WHEREAS, Patrick G. Whit-, feLi:1 orris & Arthur, LLP, representing James Fields, petitioned the Bo (to aunty Commissio • srto,,amend the previously approved /, ` x b CD Affordable Housing Density Bon).s , emient-tm ect a r,visibn from 32 to 44 affordable housing units now being destiign 1j}p�(�j`o�r o e u g aad f low or very low-income, °° ` 1 ni 7o L.F7 without changing the total nullrb ° d v e,�s (1 ) r ensity of such development previously approved as part o r ance No. 2005-61i• f+ NOW THEREFORE BE - THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ura 1s41 too SECTION ONE: .Pa o 0 That Ordinance 2005-63 is amended and revised to reflect that development of this project will be for qualified residents that will include a maximum of 44 affordable housing units designated as workforce housing units. The amended and restated Affordable Housing Density Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement previously approved as an attachment to Ordinance No. 2005-63. Words s through are deleted;words underlined are added. Page 1 of 2 SECTION TWO: All other provisions of Ordinance Number 2005-63 are unchanged by this Ordinance and shall remain in full force and effect, specifically including all portions of the Cirrus Pointe Residential Planned Unit Development Regulations and Supporting Master Plan, which are unaffected by this Ordinance or its attached Exhibit"A." SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DIg.Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this Zeday of .a&41 2 8. ti- (-1�� ATTEST: / ,��_BOARD OF CO COMMISSIONERS DWIGHT E. BROCK, CLERK - Cam' O, ' Y, )RIDA .t..,,(.. , / t 1'''''' 7-h-\. i '-. 7\ . `_ : ;1 uty V e �-.JM •r ►' N.6, Chairman'1!; f ;! (:-.2,, --4-. sigh-din laity. -- .,,, ,, . , .,, (---,/ Apprrzved;as to form and �1 w le al ufA'eieiicy T , o0 �jv� Heidi Ashton-Cicko - Assistant County Attorney o NAPLES/555776 v.GI c_.,..,, Words shuck rotes are deleted;words underlined are added_ Page 2 of 2 This space for recording AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS,ANIppli,SISING COVENANTS AND RESTR1 1, WFes,,PROPERTY THIS AMENDED AND ESTAT P •GREIMEN is ade as of the Z.Z11 dday of , 2 08r b�a�„ e ±v°ni1 ice_ ielas (the "Developer") and the Collier C unty Board gfoun y Commissioners t I.e mission"), collectively, the CD "Parties," and the replaces ` p T�, original Agreemn# 1 satiirety. 2 - oa A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct °w a maximum of 108 residential units (the "Units") at a density of 10.89 units per .� gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable-workforce housing units constructed by Developer shall be 32 44 , representing 30 forty (40) percent of the total number of residential Units approved in the development or 56.4 percent of the approved bonus units. Page 1 of 31 4/12/06 underlined text is added,struck through text is deleted E\tk. 6 l 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) § 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 78 bonus Units on the Property, if the Developer agrees to construct affordable, workforce, and gap Units as specified in this Agreement. NOW, THEREFORE, in c . i 0C 1} h proval and grant of the density bonus of 7.89 units per act`s quested by the Deb a`. r and the benefits conferred i thereby on the Property, a9`d for at . o d-arrd=G`aluabl .cor(sideration, the receipt and sufficiency of which are ,ber 15 ( )< f ' v(evployer and the Commission hereby covenant and agree°a d , 1. Recitals. Th ove Recitals are. cie nd f lrect and are incorporated _, . - herein by reference. 2. Developer Agreeme gD r hereby agrees that he it shall construct up to 32 44 affordablo units, not to exceed 40 % of the approved 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 and gap Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC 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 underlined text is added,struck-thfeugh text is deleted Page 2 of 31 applicability of LDC § 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 b - , �rbl� ed in the Federal Register, as adjusted for family size as s n�tables a�tta d� eret Y c o as Appendix A, Exhibit C, which Exhibit shall be a jus tihie'to-tim"` \ � j � �� in acor nce with any adjustments that are authorized by HUD ci, . s . .a- Nythe vent that HUD ceases to publish an established m Ltii[, vg� ,-sai�€ t ,e f a ,ies hereto shall mutually agree to another reason .nd comparable °:t o computing adjustments in o median income. -rte (3) Eligibility and Q r o r. Family income eligibility is a "' .-= _'" ry three-step process: 1) submittal of an application by a - - P P ) pp y prospective Owner; 2) - - 0 verification of family housing unit provided under the affordable, workforce, and qap w housing density bonus program prior to being qualified at the appropriate level of income (very low, low, moderate workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the - • e ••••• - _ • -*e Housing and Human Services Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable,. workforce, and qap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to • e --.- _ underlined text is added,struck-threugh text is deleted Page 3 of 31 aed--Housing and Human Services 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 §§ 2.06.05 and 2.06.06, respectively. -- P - - e: -c•---- . • -- • - - - - - -= -- • ._ --• . . • _ - e .ee - - e. - . - , . . •- - - - - e e--- - -- e e action under this Agreement. (a) Application. A pate t o =i: apply to the developer, owner, manager, or agent to quali aa�le�n,; workforce e family for the purpose of owning and occupying an -ffor a>_. �wo?kforce-hbusin nit° ursuant to the affordable: PY 9 �� 1 9 � _ workforce housing density boiiis r � ret ry Application for affordable: s t ( ) { 1 1' Ti } workforce housing unit s Aie v b' I e -_ o -_.:- _ • _ - ••• - _ and Housing and Human ices Departments":mss Appendix B, Exhibit A, o attached to this Agreement a i rporated by refe de'fierein. „ C....› (b) Income Verificatio �.ancr r ifimtiot� o affordable-workforce housing C_T, �: z unit in the development shall be sold whose household income has not been verified CI and certified in accordance with this Agreement and LDC § 2.06.05. ° (c) Income Verification. The Developer shall obtain written verification from ----.11 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 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. underlined text is added,struck tn'gh text is deleted Page 4 of 31 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 - a : •-'•• - _• - : Housing and Human Services Department as shown in Appendix B, Exhibit B, 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 i tQrm be executed by the potential occupant (including the en r , usehold) prior upancy of the affordable: housing unit by, the/o n't. I e cert\fic =ion f P.,� � shall assure that the potential occupant has a a rm`? e ' P p " fi 1 ckrcae wh ch qualifies the potential occupant as an eligible fa t�t1 .-.,. , e housin�� )af&dab housing unit under the affordable-workforce hou ' density bonus o•ra ��/The affordable-workforce o Housing Applicant Income ee ration form shat uei provided by the Financial c� Housing and akaeOvgb.egartment as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. 'T' Random inspection of files containing required documentation to verify o occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted °° by the - : --'• : Housing and Human Services Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the ' : - - - -: Housing and Human Services Department an annual progress and monitoring report regarding the 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 underlined text is added,strucck--t text is deleted Page 5 of 31 to insure compliance with LDC § 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 Financial Administration and Housing and Human Services Department. Failure to complete and submit the monitoring report to the • : •-'- - _• - •: Housing and Human Services Department 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 Restrictiong� q�I @-workforce unit in any building or : �:kT structure on the Property shat ccupled by the Deelb er, any person related to or affiliated with the Developer, o,b i ent magi er. 3. Density Bc nu ff 7Th, 9 `psion ,' y \acknowledges that the Developer has met all reg .5 c►-ditl f` � R :t alif a! f'e sity bonus, in addition to I the base residential densit c 3 units per a I. therefore granted a density C3 bonus of 7.89 density bon units per acre, for aAf to f 3ensity (total = density bonus �, units per acre X gross acreage) o 1 8a -t units pursuant to LDC § 2.06.00 O° -v The Commission further agrees that the Developer may construct thereon, in the GI aggregate a maximum number of 108 units on the Property provided the Developer ° is able to secure building permit(s)from Collier County. .....c. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the • e - _ . -: Housing and Human Services 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. 5. Violations and Enforcement underlined text is added,struck through text is deleted Page 6 of 31 a. Violations. It shall be a violation of this Agreement and LDC § 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 - • e - - _ • _ •e Housing and Human Services Department or by any other persons pursuant to the authority which is delegated to them by LDC § 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 crimi erg C`•- suant to the provisions of Section 125.69, Florida Statutes, orb nforcement as •. -• by law. b. Notice/of/Vir aleion'-for-Eat Enibrcement Board Proceedings. Whenever it is determined i afi' '4a . i nhisAgreement or of LDC § 2.06.00, that should be e �O;r e r__e •:•e E foicTrire t Board, then a Notice of Violation shall be issued vti ent by the apprsae • f rtment by certified return- -,° receipt requested U.S. Mail, •e - 1 p q r nd delivery to th r,�erson or developer in violation. The Notice of Violation shall compf � �ts for such Notices. (" Fu c. Certificate of Occupancy. In the event that the Developer fails to c? maintain the affordable-workforce units in accordance with this Agreement or LDC § ° 2.06.00, as amended, at the option of the Commission, building permits or certificates o 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 § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over 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 underlined text is added,struck thfeugh text is deleted Page 7 of 31 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. Severability. 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 efecti - bEd 4he Parties. 1b 8. Notice_ Any no ttt es�d or require d= given under this Agreement ement / shall be in writing and shall tth` LJ delivere \or shall be sent by mail, f. postage prepaid, to the Partlqs a t ie` ® v d e ill 1 f'1 t r� ti ( E-°' CD ' Pti f To the Comm . : Collier yj,,•. a _ •• • . .e • _•_ Housing an ,o►LCman Services Department 30' `:,s • .miami Trail Building H Suite 211 • - lorida 34111204 CD To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, Florida 34110 With copy to: 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 and Human Services Department or its designee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added, text is deleted Page 8 of 31 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, restric s . wwhich shall run with the land and shall be binding upon the rtand agains ,�iy person then having any ownership interest at any tine anmime-�t e--.1, e un vl this Agreement is terminated in accordance with Secti n a +_ r t • r, ales agree that if Developer transfers or conveys the r'1-4„,dir• .ho -pi,.-, so ,o ye f Developer shall have no further obligation hereund d any person set;' gito •urce the terms hereof shall ° look solely to Developer's su in interest fort ormance of said obligations. s� C....) 12. Recording. This Ag rripsty �-r ' orded at County's expense in the "' official records of Collier County, Florida. c- 0 13. Entire Agreement. The Parties hereto agree that this Agreement o N 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 restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. underlined text is added,struck t Trough text is deleted Page 9of31 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. C____,200-1/7„ e. The affor`a e-workforce h ` its shall be intermixed with, f and not segregated from, tie ar e., ate-dweiifl=' '`units in t' development. 1 � t f. The Squ-afei, c fao:+.c tr `r ti n .id design of the affordable., i( . s ffI � i ,, workforce, and qap housi T1 > ,Its I,be he same ..s t rate dwelling units in the development. All physical ities in the dwe ' u)its described in item number o seven (7) of the Developer A•e I;LS tion for affordable:vorkforce housing Density Bonus lam_ f -`",' ova shall be the same for marke t'epEntts kd,.fiordable-workforce units. For c_r, developments where construction takes place in more than one phase, all physical 4-s" amenities as described in item number seven (7) of the Developer Application for 0 Affordable-Workforce Housing Density Bonus shall be the same in both the market rate c_.._1 units and the affordable-workforce units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and qap 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. Phasing. The percentage of affordable-workforce housing units to which underlined text is added,struck text is deleted Page 10 of 31 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 30 40 percent affordable-workforce housing units for this project, with 30 40 percent of the units in each phase consisting of affordable: workforce units. 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 Man erg �8� and development regulations of Collier County that are in effe he time of Y 7this/Agceernelitarrdl CV' develo e . Subsequently adopted laws and policies shall appl t the eve o Y � � pment to the extent that I._.--r- they are not in conflict wi the u , e , y •)a . . .. . -workforce housing units and 1 i the amount of afforda. �rt� 64--,o p. .- , , jinus approved for the development. . . ) i. a 20. Affordable-Wor roc: Housing Densi ,B• - s Development Agreement This Agreement is a distinct and i�l from "development agreements" ° as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the o Development Services Department the Developer Application for Affordable-Workforce ` Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing 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 underlined text is added,st ^L g text is deleted Page 11 of 31 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- '- r-ge, lit caused this First Amendment to Agreement to be executed a ctje day and year fir alb e written. ATTEST: 7 Als,- B RD�a F COI�NW COMMISSIONERS DWIGHT•,$'!- OCK,`Clerc � a , LORIDA y )/' , I !� _.. . �.... .4..A-L- ' 1' 48' `- - ; !P-p i$ TC..p k By: Tai Ion CHAIR N t 3t fr s y "/C‘''- lif & . w a) 0 0 Appr ed as to form and legal sufficiency: A (10 Assistant County Attorney underlined text is added,struck text is deleted Page 12 of 31 DEVELOPER: Witnesses: (111P \-0- 4\4 B : f Witness J i ' J . he- • Pri ted Name 1. L G t WE = 61k04uklur. cb a cfcti'w By: C� trv&&S ' rife - Witness I C{ H obi (L Printed Name __ 0 LC Q 2&L 1 Lb 14.-p -L-Til STATE OF FLORIDA ) COUNTY OF COLLIER ,ivi.,;\\\ / Azt„,,,x, `-______ J, {{f \ i The foregoing First Ameridmn to e g 9 � gI � t,�9dttrrzln Affordable, workforce, and Gap Housing Density B=;1:1\ Imposing 'overant + ld Restrictions On Real j s Property was a no -Wiled • b fore ` e , 2Y , '�h as 7i Yl S, --`L- . wh rsonall a/to me or has produced as Ident `°� Cs. -u WITNESS my hand and official seal thi day o 2008. T 0 rim__ rn Notary Public My Commission Expires: �ty"` R1A PARA1DRE ,Nt MY COMMISSION i DD 417346 w-;•:- - EXPIRES:July 4,2009 v4 Baxiedn.uNaryPwecunwfft«: underlined text is added,str�, r-augl text is deleted Page 13 of 31 EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof,as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County,Florida. i if-r\l/r) ,tri s-\\, : i o -el>.),. ______-----,<Aly cc. 0 .4P.. 0 underlined text is added, text is deleted Page 14 of 31 Air APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE-WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom _ C00 3 Bedroom 7-S,- 4 Bedroom TOTAL 11 tro I WORKFORCE INCOME ta (61-80% MI) i Efficiency 0 /0/ _- 1 Bedroom �., ! o0 2 Bedroom 0 3 Bedroom 44 0 4 Bedroom 0 00 TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 21_ underlined text is added,struck through text is deleted Page 15 of 31 4 Bedroom TOTAL 0 VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom -14 4 Bedroom TOTAL /0,0,- -14_ ` ' (1) Base residential do si r a w_e i is-de_ opment \,3 units/acre. (2) Gross acreage v.92i . t� 1 (3) Maximum numb r of Oilaa o o E �pus ns4y bonus units allowed in this development pursua ` toi LDC ec io x"00 . 7 u its. (4) Gross residential d'e �'t thi :egelat t nt (nict d'i*affordable-workforce housing density bonus unit ;\1, 0.89 units/acre. , ) `.;�y (5) Percentage of affor yr - workforce housin omits p r ed by the developer(as a percent of the total n b- nits in the develo^ n _ 30 40 %. 0 underlined text is added,struck through text is deleted Page 16 of 31 APPENDIX A,EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 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 low and very 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 leve , . .. - . . .. . - .. -_ ,•. S . .. . - . . •• - . - - - -• • , -: - . - . - . - .. and percentage of affordable workforce an. •.6 z .. • units in the development. To use the affordable-workforce housing densit,y-b `,.i:' . -i r ables A and-43, below, shall be used. Tables A and-B, shall be review . . .pdated if nec- of n an annual basis by the Board of County Commissioners or its d Oi . First, choose the hou ehcfld incom- - ,e modarate, lo , er-very low, low, workforce, or gap) of the affordable-wor or[ hour g u i ..j.p.se } he development, and the type of affordable housing units 'owrierloc r pi d of r,, al, '- i gl family or multi family, where applicable) to be provided, :`s �oro.'' in ' .: • "'11----g_-. .-_ t - .. _ -_ - -- -- _ 4 .. - .. .c'ms ---- - f f �, in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared tt the total number of dwelling units in the development. From this - - -• .. o gross acre that may be added to the base density. Next, determine the percent of that type of ►--. affordable-workforce housing unit(s) 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 (AWHDB) available to that development. Developments with percentages of affordable-workforce housing units which fall in between the percentages shown on Table B A shall receive an affordable-workforce housing density bonus equal the lower of the two percentages it lies between plus 1/10th 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 (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added,struck-tlrertgh text is deleted Page 17 of 31 development. In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling units per gross acre. COQ 7\)*---- 4?,,,N\ ` ` \ / '''',/ ( 1:11 CI iin\I i '' 7Si \ f.,,Ilk,. ,1 \j i 1 \-1 L. I 1--,) ,..*** .o. --v 0 underlined text is added,struck through text is deleted Page 18 of 31 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. TABLE A: AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING [prior table deleted, current table follows' MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING Household _txR '- `>,, Product (o/median) 10% ' % -r' , 0% 70% 80% 90% 100% 81-150% / 48.-" .e.,, 1`\ \ Gap MI* ** 6 \ 6 6 6 n/a (Gap) 11 1 � P 61-80% �`°; `.-'..�/ it, ,.; L I E Workforce MI* 2t 3 5 8 t 8 ''' 8 8 8 8 51-60% \C, tt � •v Low MI 3 6 8 •::•��. 8 8 8 8 8 ..x_ w 50% � (.1-. Very Low or less 4 5 7 8 8 8 8 8 8 8 c MI ' - *Owner-occupied only **May only be used in conjunction with at least 10%at or below 80%MI N Total Maximum Allowable Density=Base Density+Affordable-Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. underlined text is added,straek-through text is deleted Page 19 of 31 APPENDIX A, EXHIBIT C Ask 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 2007 $63,300 Naples, MSA(Collier County) NUMBER OF MEMBERS IN FAMILY [prior table deleted, current table follows] 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,21. .. ,V0bt 100 121,500 129,900 138,150 80% 39,100 44,650 .,r I kda 1, 64,750 69,250 73,700 60% 29,340 33,480 /0.,,,,a0 41,880 4 � 48,600 51,960 55,260 50% 24,450 27,9001 311,480 41900 37,70Q 0,500 43,300 46,050 35% 17,115 19,53 21,9` f, 2, i 30 1''/..8.\6,390\ 8,350 30,310 32,235 25% 12,225 13,95 ✓ 4,,,i fi 2'0,250 21,650 23,025 Lu ) ' 11E. Ixt'skA MENDED REl U R ;I;N The Florida Housing Finance Ca i.- FHFC)calc es ents to use in the State Apartment w Incentive Loan(SAIL) and the Low-In o ta. us gTax Credit(LIHTC)programs. The rents given below are based on 2001 data €' -e-i tility costs are provided from the .,d County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. o HOUSING COSTS BASED ON 30% FAMILY INCOME `"' [prior table deleted, current table follows] 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 $506 underlined text is added,struck through text is deleted Page 20 of 31 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. 70:,, ' ");\-- .1V-i.,, 7 )4------,t \-----rs\ I I(L'' ( 77W?\ s (4 \.�-`d )bj Aki /*-41 c:, K:1---- co/ (---).„i,;., so. w 0 underlined text is added,st.,, through text is deleted Page 21 of 31 Amok APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co-Tenant Name Race/National Origin: Handicap: Yes No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State "`Zl Telephone No. ice `' If you have resided at your presen s than T`s ase state previous address: Street City !/ / ` .,.,tale---Zi. Tel,.ho ne No. Name of Previous Landlord ` � #t 1 LA 3�°\ E t. 1 t 'mow.. " I il,,.../ .... Street City o State /67 �'ZYp, c�` Telephone No. APPLICANT: '` (D ! `A' Present Employers Name -- --g-°-V Cl b Address and Telephone No. G? ob How long with Present Employer: Job Title 4,, Gross Salary: Hourly$ Weekly$ Every 2 Weeks $ Monthly$ `-r' Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title E underlined text is added,statek-thr-Gugh text is deleted Page 22 of 31 Gross Salary: Hourly$ Weekly$ Every 2 Weeks $ Monthly$ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer 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: How Long Known: 2. Name: Address: How Long Known: cp VC\r- (C) I E-4) / t A Akji ,o ATE C � G.) underlined text is added.struck h text is deleted Page 23 of 31 APPENDIX B, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No. 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_erCis- a is or refusal of occupancy. I hereby certify that this will t i t- "permanent resi t d that I have no other assisted housing. f� ' I understand that this infom-tatio f• se .�• ...se of mpt ting my annual income to determine my qualification to bill}, ( el!ii ort bP J ' trk rc /,bar,gap housing unit. I understand that I am not required to s r,e dl ow l ' i r ri hkimed property, pensions or F capital gains, etc. ,"-- \ A ' a I: : , Co-Occupant -- ' Amount "t cy Amount Frequency .s3 .aCy Received of Pay oXo 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 $ $ S $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ underlined text is added,struck through text is deleted Page 24 of 31 Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION 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. c TrIn *13\7\11,1, y C:0 .,y I underlined text is added,stru t'hroug;text is deleted Page 25 of 31 APPENDIX B, EXHIBIT C AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. CO iignature of Applicant STATE OF FLORIDA COUNTY OF COLLIER) / i, The foregoing was ackcno -i':`+4d • y fit \ Who is personally known to one t r has pkodu ed) l I as identification. €t"? L 1 h Witness my hand and o, 1 seal this y(of jTh , 2008. (notary seal) Notary Public My Commission Expires: 0 �.o underlined text is added,struck through text is deleted Page 26 of 31 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 a 6 ore me • • ,1 . Who is personally known t_ e or has produced as identification. / Witness my hand an of . ,. yc ` , 2008. (notary seal) ('� , i o 1 j Notary Public _' My Commission Expires: // c THE CERTIFICATION HERE REQU� -6 , AY TAKE THE'k R M OF THE MOST RECENT YEAR'S "—I INCOME TAX RETURN FOR EACi I Ct _'I, .. 1 FILED AND WILL OCCUPY THE AFFORDABLE-WORKFORCE UNIT. .-)- --' --Izi 0 .sue cv underlined text is added, ^ ° -�•� ug#text is deleted Page 27 of 31 tCS+M,, APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying 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 Human Services Department. All items requested must be provided. 1. Please state what zoning dirt ropose t licant, if any, on the property and the acreage of each; RPUD-9/92 / ,2 2. Has an application fot rezbr i } .e ' urcY4tioI with the affordable,workforce if and gap housing Density bonus?CI g p g y i€, , X Yes No sji If yes, state date of application :I 2-2-04 and if the r xc aas been approved, state the -- Ordinance number 05-63. ,. CIE cr 3. Gross density of the proposed develop ` - . 10.89 units/acre b _ Gross acreage of the proposed development. 9.92 acres o 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. Cirrus Pointe RPUD, located and at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added,struck through text is deleted Page 28 of 31 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL -t TABLE II Number of 1`,�f-fp=d4ble oils ar �i,Units (iprl sr taW d,�{Ate�, c r Tit tht fe‘follows] Tat u -rid ri ( Prosid Ube, or �s.• e- o nsity o: nits o t'C'e nits p in Q opment i(Th .sue &carte < Owner Rental Oc4 s 1.4 "a1 Occupied "' GAP INCOME • 81-150% MI Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 In accordance with LDC Section 2.06.03.D. —All owner occupied underlined text is added,struck h text is deleted Page 29 of 31 WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 44 44 Other TOTAL 44 In accordance with LDC Section 2.06.03.D.-All owner occupied �� '_ v LOW INCOME � � 1 ,^ 51-60% MI ;/ 4\::;,:„..,...:____ / _�'�,_ mss Efficiency /7.-7 r� 1 Bedroom /1 ( i \' v--A ; " ,,:...,, 2 Bedroom �`' i F 3 Bedroom , ` ,' / - Other (...n f 4- fri n TOTAL 0 0 G-1 0 VERY LOW INCOME N 50% OR LESS MI c...› Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 underlined text is added,struck rough text is deleted Page 30 of 31 7. Please provide a physical description of the affordable-workforce units by type of unit (fie, lei;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. (See attached) APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS There will be a minimum of - :.4-4:41 -C1 re orce Housing Units in the Cirrus Pointe PUD. These Affordable Work:zrce Housing Units comprised of 4-9 44 three-bedroom Income)Units. 3 � lam, . All Affordable Workfor j o t i. . sold^ . : , as owner-occupied multi-family t units. Each unit will co e3\ndard with carpet4716.13 s, refrigerator, dishwasher, stove, o washer/dryer, basic lightin: ,ettt�fan package, an 4 oms will have ceiling exhaust fans. ,47 The three-bedroom units will hay- ri t ?1 -'. itioned area of 1526 square feet. Garage c°J„ parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. C The entire community will consist of up to 108 multi-family homes and the units that are not ° N designated Affordable Workforce Housing Units will be offered as moderately priced multi- ./' family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. 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. underlined text is added,struck through text is deleted NAPLES 557212•IA Page 31 of 31 STATE OF FLORIDA) • COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the . Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-38 Ctrs --— (1. h\ Which was adopC z,--,-‘, ),-- ---. the Board -f unty Commissioners on the 22nd day of .11.1 ----2,008, durng R-gu ar Session.Ns E IT .R d77 1 t' WITNESS my han` o f cia e pf the Board of x- ` i County Commissio�eg� of Collier C `.inty, rida, this 30th 1 J day of July, 2008 . \ ‘ 0,0 �W�r '/� , f�'- %' .sue ,_fir n oo b DWIGHT E. BROCK -, -- Clerk of Courts ah CIerI -1: o Ex-officio to Bdar0ti46,f c` County Commission S c'-' r , 51/tht ' By: Ann Jennejohn, Deputy Clerk into the modern worsu,atc uLeu repcaLcuiy. - PUBLIC NOTICE PUBLIC NOTICE --PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on December 19,2013 at 9:00 A.M.in the Board of County Commissioners chamber,third floor,County Government Center, 3299 East Tamiami Trail,Naples. The purpose of the hearing is to consider a recommendation to the Board of County Commissioners to trans- mit to the Florida Department of Economic Opportunity(DEO)the Adoption of a small-scale Growth Manage- ment Plan amendment(s)to the Future Land Use Element, Future Land Use Map and Map Series,and to consider a recommendation to the Board of County Commissioners to adopt changes to the Cirrus Pointe Planned Unit Development Ordinance.The ORDINANCE titles are as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida specifically amending the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan to establish the Bayshore/Thomasson Drive Subdistrict to allow up to a maximum of 108 market rate,multi-family dwelling units through the use of 79 dwelling units from the existing density pool provided for within the Bayshore/Gateway Triangle Redevelopment Overlay for property located at the northeast corner of Bayshore Drive and Thomasson Drive in Section 14,Township 50 South,Range 25 East,Collier County,Florida consisting of 9.92±acres; and furthermore recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity;providing for severability and providing for an effective date.[PL20120002382/ CPSS-2013-1] AND An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63,as amended,the Cirrus Pointe Residential Planned Unit Development(RPUD)which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to . Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14,Township 50 South, Range 25 East,Collier County,Florida consisting of 9.92+/-acres;and by providing an effective date.(PUDZA-PL20120002357)[Companion to Petition PL20120002382/CPSS-2013-1] .11 1 \\ voRivAOo 1 IfS''' CRIO(ET 9�S% ( VERDE W.f�C£TMi O 1�M¢c LAKE RIVIERA '(p`�' 78 COLONY 14 g LAKE AVALON 13 PROJECT ESTATES TES vlxAr EMI LOCATION SE PETER'S �rvtt CATHOLIC. CRRUS Fbw;£ a mo,,4AS80N �� CHURCH d I oR • RATTLESNAKE ig ROAD (C.R.864) \ 884) y 1 E NAPLES NML GOMMUN I T EOTAN,CA10 L PARK GARDEN ` 23 24 sA6AL RAY 9 ?1AMIL'4N LELY HARBOR f ARE SARAL 9AY All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan amendment and Planned Unit Development amendment will be made available for inspection at the Planning &Zoning Department,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 East Tamiami Trail,suite 401,Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning &Zoning Department.Written comments filed with the Clerk to the Board's Office prior to Thursday,December 19,2013,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission No.231150761 November 27,2013 • AGENDA ITEM 9-B Cott( r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING& REGULATION HEARING DATE: DECEMBER 19, 2013 SUBJECT: PUDZA-PL20120002357, CIRRUS POINTE RPUD (AKA SOLSTICE RPUD) [COMPANION TO PL-20120002382/CPSS-2013-11 PROPERTY OWNER& APPLICANT/AGENT: Owner/Applicant: Agent: Cirrus Pointe Partners LLC Wayne Arnold, AICP 516 Cooper Commerce Drive Suite 200 Q. Grady Minor&Assoc. P.A. 24301 Walden Center Dr 3800 Via Del Rey Bonita Springs, FL 34134 Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Cirrus Pointe Residential Planned Unit Development (RPUD). For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 9.92± acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is undeveloped. It was originally rezoned from Residential Multi-family-6 (RMF-6) and Bayshore Mixed Use District-Residential-2 (BMUD-R-2) to RPUD in Ordinance#05- PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 1 of 14 December 19,2013 CCPC Revised: 12/2/13 i . • 3Ntl1 AL:1 I. © V a Wr o T-' w o ��w a C H g z o w = =MCI J MINE 3'81,9 N0601100 MUM IME_err ,..,OMs � � M � � ,� ...ate Q €s€ €€€€ : .o ro= MI ill 171 g 0 MEM .,iil ::::.1 ::::: : IM 1"311. 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'' e r ` � l ti i t . 4 { •-•,4,1 � f ✓ t - stY 44 r 3 v° sx (7. -+a k.yx y � :•. • '.' -4-14;'," q°' `4� r4,"',`., cc. '' , f l..4 .- 4' ,\ �''p i ` � R . '�C�� . rP0 A � T '.at f� �H " 4 �I- ",,if- y'{ 1' ad!"` : �r ' r. }r,aA' ' e, 11t4 ' •••41%'' I r" - 1 2'.1/261 3.11f 0 3ip •.( -,':' - ,i44, : -4.-, C . i , , --i.-- ...„,,4,!..7,- . . rn.{�__ � t ' e ti 1 .-...-,-11•:/'. . . � 1 5 j st f 'Y .. t, . '4 y Aerial Photo (the subject site, shown in yellow, is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject site is designated Urban (Mixed Use District, Urban Coastal Fringe Subdistrict ) on the Future Land Use Map of the Future Land Use Element (FLUE), and is located within the Bayshore/Gateway Triangle Redevelopment Overlay and within the Coastal High Hazard Area. Residential development is limited on the subject site to a density of up to 10.89 dwelling units per acre (DU/A), achieved through the Affordable-Workforce Housing Bonus provision of the FLUE. The subject PUD amendment request proposes to eliminate the Affordable Housing Density Bonus Agreement within the existing PUD Ordinance, but retain the approved residential density of 10.89 DU/A. Because the proposed PUD amendment request does not comply with the density provisions of the FLUE, the property owner submitted a Growth Management Plan amendment (GMPA) application (Petition PL20120002382/CPSS-2013-1) that, if approved, will allow the proposed density on the site. The petition for the requested PUD amendment may only be found consistent with the FLUE, contingent upon the companion Growth Management Plan amendment, Petition PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 3 of 14 December 19,2013 CCPC Revised: 12/2/13 PL20120002382/CPSS-2013-1, being approved by the Board of County Commissioners and subsequently becoming in effect. Changes to the GMP amendment as it proceeds through the hearing process may necessitate changes to the subject PUD amendment petition. The Adoption hearings for both the Growth Management Plan amendment to the FLUE and the PUD amendment have been scheduled concurrently for public hearings. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning staff leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit A, PUD Master Plan, depicts direct access to Thomasson Drive—a collector roadway.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [No internal accesses or a loop road are proposed due to the limited site acreage. However, the PUD Master Plan identifies that the project will have an internal roadway system that will permit vehicles to safely move throughout the site.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit A, PUD Master Plan, does not depict interconnections with any abutting properties. The southern and western property boundaries are adjacent to public roadways; the northern property boundary abuts a multi-family residential development and a portion of that development's preserve area/buffer (Pinebrook Lake PUD); and the eastern boundary abuts a utility easement and canal. No interconnections to adjacent properties are proposed and staff does not believe it is practicable to provide interconnections.] Based on the above analysis, Comprehensive Planning staff finds the proposed PUDZA application consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS-2013-1, to establish the Bayshore/Thomasson Drive Subdistrict. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 4 of 14 December 19, 2013 CCPC Revised: 12/2/13 capacity to accommodate this project within the 5 year planning period. Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Bayshore Road and Thomasson Road Impacts: Link 7.0, Bayshore Road, and Link 108.0, Thomasson Drive, are the first concurrency links that are impacted by this zoning amendment. Both concurrency links are located within the TCEA, however the petitioner is not requesting concurrency exemption at this time. The applicant has demonstrated that the project will have a net decrease in PM peak hour two-way trips. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation& Coastal Management Element(CCME). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A fmding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS-2013-1, to establish the Bayshore/Thomasson Drive Subdistrict. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require an Environmental Advisory Council Board (EAC) review since this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VII., Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 5 of 14 December 19, 2013 CCPC Revised: 12/2/13 Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The petitioner is not actually increasing the number of total units that would be allowable on site, because the currently controlling ordinances, Ordinances No. 05-63 and 08-38, allow development of 108 units. However in those ordinances, the developer was granted 78 bonus units, but he must provide 44 affordable housing units to achieve that density, otherwise; he is limited to 30 base housing dwelling units. In this current proposal, the petitioner is seeking to amend the Growth Management Plan (GMP) (via a companion GMP amendment) to create the Bayshore Drive/Thomasson Drive Subdistrict that will include language addressing use of a portion of the bonus pool density available from the Botanical Garden site in order to achieve the 108 proposed units. Since no increase in density is proposed, staff believes the density and intensity of the uses proposed in this amendment is consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. Because the petitioner is eliminating the Affordable Housing Density Bonus as part of this PUD, the document that was attached to Ordinance No. 05-63 must be officially terminated. The proposed termination agreement is attached to this staff report (See Attachment 1). That agreement must be executed concurrent with any approval of this amendment petition. The area to the north is developed with the Pinebrook Lakes PUD, developed as Abaco Bay, an existing 160-unit, multi-family 10-acre project developed at 16 units per acre. The buildings are two story structures, however the PUD does allow three story structures. To the east, are mix of one- and two-story single-family homes along Dominion Drive that are within the Avalon Estates Unit 1 subdivision, with a zoning designation of RMF-6. To the south, is Thomasson Drive, then Del's Convenience Store with a C-5 zoning designation and scattered single- and multi-family residences on lots within the Jonesville subdivision along Cottage Grove Avenue, with a zoning designation of RMF-6-BMUD-T2. To the west is Bayshore Drive, then a cleared but undeveloped C-3 zoned tract. The development standards contained in the PUD document reflect a design approach that will provide multi-family housing opportunities. The PUD indicates and a minimum front-yard setback of 15 feet and side setbacks of 7.5-feet for a one-story structure, 10-feet for a two-story structure, and 11.25 feet for a taller structure. A perimeter boundary setback of 15 feet would be provided for one- or two-story structure and a 25-foot setback for anything higher. A 50-foot wide setback will be provided for any buildings with three habitable stories along the eastern RPUD boundary. The minimum rear setback is 20 feet. The project boundary setback that is dependent upon the number of stories is an important consideration when determining compatibility. PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 6 of 14 December 19,2013 CCPC Revised: 12/2/13 The petitioner is amending the height to reflect both zoned height and actual building height as is now required. The buffer along the eastern property has been reduced from a 15 foot wide type B buffer to a 10 foot wide type A buffer. When questioned about the change, the applicant's agent stated that he was reducing the buffer to the minimum required by the LDC. This 10 foot wide A buffer, combined with the existing utility easement, and the project boundary setback should provide adequate separation between the taller structures in this development and the structures in Avalon Estates. Based upon the analysis above, staff believes the intensity of the uses proposed in this amendment is consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. The deviation is listed in the PUD document in Exhibit D. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from Section 4.05.04.H of the LDC, Parking space Requirements, which requires that small-scale recreational amenities within multi-family project where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is warranted given the central location of the recreational amenity to all of the dwelling units. The buildings have been arranged so that all buildings are within 400 feet of the amenity which will consist of a swimming pool with restrooms. No clubhouse or other recreational amenity will be provided at the centralized amenity. Providing one parking space for short term use of residents to drop off items at the pool will be sufficient parking for this small-scale amenity given the close proximity to all units within the complex. Sidewalks are provided throughout the project which provides safe and convenient pedestrian access to the recreational amenity. PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 7 of 14 December 19, 2013 CCPC Revised: 12/2/13 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved, noting that the LDC requires a minimum of 2 parking places and the developer will be providing two spaces albeit the spaces are somewhat atypical. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 8 of 14 December 19,2013 CCPC Revised: 12/2/13 may be found consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS- 2013-1,to establish the Bayshore/Thomasson Drive Subdistrict. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. The uses are not changing as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 9 of 14 December 19,2013 CCPC Revised: 12/2/13 standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviation in the Deviation Discussion portion of this staff report, and is recommending approval of the deviation. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Comprehensive Planning staff finds the proposed PUDZA application consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS-2013-1, to establish the Bayshore/Thomasson Drive Subdistrict. The petition can be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS-2013-1, to establish the Bayshore/Thomasson Drive Subdistrict. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. No land is being added to the PUD as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 10 of 14 December 19,2013 CCPC Revised: 12/2/13 the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations.. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 11 of 14 December 19,2013 CCPC Revised: 12/2/13 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed development complies with the. Growth Management Plan through the proposed amendment, then that constitutes is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff's conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the majority of the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 12 of 14 December 19,2013 CCPC Revised: 12/2/13 defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): See Attachment 2. BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMETN AGENCY (CRA): See Attachment 3. HOUSING, HUMAN AND VETERANS SERVICES (HHVS): The owner received a Housing and Urban Development (HUD) loan that has not been repaid by the owner to date. HHVS has no objections to the developer's repayment plan as outlined in Section 5.6.D (Development Commitments) of the Solstice PUD Ordinance. These funds will be utilized to support affordable housing projects in the future. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on November 19, 2013. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZA-PL20120002357 to the BCC with a recommendation of approval subject to the following stipulation: 1. The Termination Agreement for the Affordable Housing Density Bonus allowance must be executed prior to or concurrent with any approval. PUDZA-PL20120002357,CIRRUS POINTE RPUD Page 13 of 14 December 19, 2013 CCPC Revised: 12/2/13 PREPARED BY: ISAIdeAv I1 is` (3 KAY ,SELEM,AICP, PRINCIPAL PLANNER DATE DEP 1'MENT OF PLANNING AND ZONING REVIEWED BY: -- 1/- / RA ND V. BELLOWS, ZONING MANAGER DATE DEPA TMENT OF PLANNING AND ZONING If- 22- ►3 MIKE BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: 1(112?? 4 ir'■ )2 4 �3 NICK CASALA UI 41 MIN F • TOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the February 11, 2014 Board of County Commissioners Meeting Attachments: 1. Termination Agreement 2. Neighborhood Information Meeting Synopsis PUDZA-PL20120002357, CIRRUS POINTE RPUD Page 14 of 14 December 19,2013 CCPC Revised: 11/18/13 TERMINATION AGREEMENT THIS AGREEMENT, as entered into on the day of 2013, between CIRRUS POINTE PARTNERS LLC (hereinafter referred to as the "OWNER"), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "COUNTY"). WHEREAS, James J. Fields and the COUNTY entered into an Agreement authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property in 2005 (hereinafter "Agreement"); and WHEREAS, CIRRUS POINTE PARTNERS LLC, as successor to James J. Fields, has petitioned the County to reduce the residential density on its property and terminate the Agreement. NOW, THEREFORE, the parties hereto agree as follows: The Agreement is hereby terminated as of the date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the date and year last written below. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman CIRRUS POINTE PARTNERS LLC WITNESSES: (1) By: Signature Signature Printed/Typed Name Printed/Typed Name (2) Printed/Typed Title Signature Printed/Typed Name 1 oft Attachment 1 Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney 13-CPS-01205\24 000ktt 2 of 2 Cirrus Pointe PUD Petition PUDA-PL2012-2357 and Petition CP2013-1 Neighborhood Information Meeting March 25, 2013, 6:00 p.m. Wayne Arnold, agent for the applicant opened the meeting at 6:10 p.m. and introduced himself and Sharon Umpenhour with Q. Grady Minor and Associates, P.A., Richard Yovanovich with Coleman, Yovanovich and Koester, P.A., representing the owner/developer, Jim Fields representing the property owner/developer, Kay Deselem and Michele Mosca representing Collier County Zoning and Growth Management Departments. There were approximately twenty members from the public in attendance. A sign-in sheet was provided. Mr. Arnold began the information meeting explaining the project as it exists and then proceeded to explain the proposed petition requests. He explained the project would increase from 108 units to 144 units and that a new subdistrict in the Comprehensive Plan had been filed to permit the 144 units on the property. He also indicated that the project was to become a rental apartment community. An aerial exhibit and existing and proposed Master Plans were displayed. Wayne showed the existing Master Plan and then the proposed plan and explained that the footprints have been revised slightly. He explained the building height had not increased but was now listed as 50 feet zoned and 60 feet actual rather than the previously approved 40 feet or 3 stories over parking and the reduction in the southern landscape buffer request was due to the 60 foot right-of-way width for Thomasson Drive. Wayne showed a color rendering of the building elevation and explained that the project name would be changing to Solstice RPUD. Rich Yovanovich mentioned that the project would be a market rate rental community and that 44 units would be rented to residents meeting the GAP housing standards for Collier County. He was asked to explain market rate rental and GAP housing and proceeded to explain that the project was not low income but geared towards people who could not afford high rent but didn't qualify for low income. GAP was the term used for people having incomes between 80%and 150%of the median income. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Attendees asked several questions regarding the project which included areas such as project and building security. Jim Fields indicated that the project would have a gated entry and security fencing. He further explained that the parking garage below each building would have a secure entrance for vehicles and that the elevators and stairwells would also have secured entrance doors. Page 1 of 4 Attachment 2 Other areas of questions related to project timing, landscape buffers, term of rental length, and project building materials. Mr. Arnold, Mr. Yovanovich and Mr. Fields addressed the attendee's questions. Mr. Arnold reminded the audience that no hearing dates have been scheduled and offered to provide any additional information if requested and to contact, Kay Deselem, Michele Mosca, Sharon Umpenhour or himself if anyone had further questions. The meeting was adjourned at approximately 7:05 p.m. More specifically questions asked are as follows: How many buildings are there? A total of six buildings are proposed. Will the affordable housing be in each building? No, not specific to a building. So could you please explain what is market rental and instead of doing affordable you are doing GAP? But it's not affordable housing? Rich Yovanovich explained the difference of the two and further explained how GAP work and what the requirements are. He also explained the median income. How big are the units? The units are from 830sf to 1300sf Is there a covenant that runs with it that says you could never rent it, you could always rent it, no one will ever be able to buy it,you can buy it in the future,what's the plan? We do not have a commitment that prohibits from condo conversion. How many parking spaces assigned to each unit? 1 or 2 depending on apartment size. Every unit will have a secured parking stall below building. Who is the owner who will be renting these? Cirrus Point Partners. Do you have a track record of owning other properties like this? Yes, mostly assisted living. Are there a maximum number of occupants per unit or per square feet? There is a County code requirement. What would happen if you didn't add the additional units but kept it at 108, would they be larger units, possibly more appealing? The infrastructure cost determines the units and the bank wanted more units. Page 2 of 4 Is this going to be a gated community? We are proposing a gated entry. How do you define gated? You will have to be a resident to enter. You will need a fob to enter the unmanned gate. How sturdy will the gate be because people would still get in? Garages would be secured so only the resident could enter with a code. Are there ground level entrances? Secure stairwells on each end with stairs and elevators.No living units on ground floor. Are you planning on installing peep holes in the doors? Yes and there will be security cameras. What sort of buffer between project to the north? Most of the northern buffer is preserve and there will be an LDC required buffer where there is no preserve. How about lighting? Will there be lights behind the buildings? There is not a need for excessive lighting except for security because there is a preserve and no vehicle access behind the buildings. You said the rent is $900 to $1200 is that$ 900 for affordable units or will they be lower than that? Base rent is$900 a month and those would meet the GAP criteria. Could you talk more about the income qualifications to be able to afford the $900 unit what's that income level. The median income was $72,000 for a family of 4 that would be $100,000 a year. A family of one would be$60,000 for a family of one would qualify for GAP housing. They sign a lease for $900 a month and then you make up the difference because you have the grant money? There is no difference, there is no grant money, there has to be 44 occupants that have to meet the GAP guidelines if not then after 5 years the money has to be paid back to the County. Will there be any restrictions so that people don't rent out by the month or week? There will be restrictive covenants to prevent that. All leases will be for 12 month minimum. You said you are decreasing buffers? Only on Thomasson Drive,because of the sidewalk that was built on the property. Page 3 of 4 If you found the market demanded a higher price point would you stay with the 108 instead of the 144 proposed? With the cost to build it is more cost effective to build the 144 units. Did I not read you could not get the financing from the bank unless you did the 144 units? That is correct. What's going to make your project different from other rental projects? Will be an annual lease, income levels are not low it will be a quality rental program. Each unit will have a secure entry and the community will be gated. Will the quality of construction be better than Botanical Gardens? This will be concrete block and precast concrete. If everything goes as planned when will you be ready to construct and when will the units be ready for rental? Plan to start construction by end of the year and the units will be finished within 18 to 24 months. All infrastructure will be built at the same time. Are the elevators going to require a card to go up? Yes entry card will also be keyed to the elevator Are you fencing all the way around? Yes. During construction will you be blasting? No blasting. Who is going to be your general contractor? Working with Don Garrett right now Do you have a management company in mind? Not at this time. Will there be a gated entrance on Bayshore? No,there is no access on Bayshore only Thomasson. Will there be a pool? Yes,there are plans for a community pool. Is there going to be an updated website? Yes, it will be updated. Page 4 of 4 THE BAYSHORE / GATEWAY TRIANGLE REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.4456 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JUNE 4, 2013 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Larry Ingram, Steve Main, Maurice Gutierrez, Karen Beatty, Peter Dvorak, Chuck Gunther and Mike Sherman, Shane Shadis, Michael Corradi (excused). CRA Staff Present: Jean Jourdan, Interim Executive Director, Ashley Caserta, Project Manager, and Ekna Guevara, Operations Coordinator. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve the agenda. Motion by: Peter Dvorak. Second: Maurice Gutierrez. Approved 7-0. 3. Adoption of Minutes: Mr. Main asked for a motion to approve the May 7, 2013 meeting minutes. Larry made a correction to item 6.d. should read "Approved 6 to 1 with Larry dissenting". A motion was made to adopt the minutes with changes. Motion by: Peter Dvorak. Second: Chuck Gunther. Approved 7-0. 4. Executive Director's Report: a. CRA Project Updates. 1- CAPA 17 acre: Staff reported we have received the appraisal and has been submitted to CAPA for review. A representative of CAPA, Chick Heithaus, was present and mentioned that CAPA may not have enough time to review the 100+ page appraisal before the last BCC meeting before the summer break. 2- Growth Management Plan Amendment: Staff reported that the GMPA was approved by the BCC on May 28, 2013 and should go into effect in July. 3- Residential Lots: Staff reported that the Developer has submitted plans for the lots on Linda Drive lots and will begin construction June 15th. Also, the Van Buren lots are planned to be constructed early next year. 4- Gateway Triangle Stormwater Improvements Construction Update: Staff is working with consultants to address any repairs or corrections needed. 5-Mini Triangle RFP: On hold until further notice. 6-Andrew Drive(FP&L Lights): Ekna has been assigned to this project. 7-Cirrus Point n/k/a Solstice: Ms. Jourdan informed the CRA-AB that the item would be discussed under new business. June 4, 2013 CRA-AB Minutes Page 1 Attachment 3 8- CRA/MSTU Offices: The documents have been reviewed and approved by the County Attorney's Office and is scheduled for the June 25, 2013 Board meeting. b. MSTU Proiect Updates: 1- Landscape Updates include a repair by Ground Zero who repaired an irrigation line break and replaced the shrubs in front of La Piñata. 2-The Bayview and Lunar project is continuing their process. 3- Ashley will be a member of the selection committee for the Thomasson Drive project which will last about 12 to 18 months. 4- On Danford Street volunteers continue to get the required responses. 5- There was a streetlight which was hit by car in front of La Piñata. This has since been replaced. 6- Lights on Collee Court, Gordon Street and Peters Street are on their way. 5. Requests for Payments: Motion to pay bill made by: Karen Beatty. Second: Maurice Gutierrez. 6. New Business: a. Welcome New Advisory Board Members: Shane Shadis and Michael Corradi. Jim Fields (Question & Answer): Present was Richard Yovanovich who made a presentation on the 10acre parcel off Thomasson/Bayshore. The project is allowed 29 dwelling units. They are requesting the CRA support their request for 79 units from the density bonus pool which will be added to the project totaling 108 units. These units would range from 1,400 to 2,000 sq. ft. and sell for mid $200,000 to mid $300,000. They also mentioned they will return the $320,000 p x which was granted to them for an Affordable Housing project which they no longer will build. They will pay a portion from every unit sold until full payment is received. Motion to support the project & their request for the 79 units from the density bonus pool. Motion by: Karen Beatty. Second: Steve Main. Approved 6-1 with Larry dissenting. b. Grant Application (Fire Suppression Upgrades): Staff informed the CRA-AB they had submitted the grant application prior to the submittal deadline and hopes to have a response within a few months. c. Community Garden: Staff presented the idea of a community garden in the Bayshore Community. Motion to conduct all necessary steps and plans gearing towards a community garden in the Bayshore CRA. Motion by: Chuck Gunther. Second: Karen Beatty. Approved 7-0. d. Next Meeting: September 3, 2013 7. Advisory Board General Communications. None. 8. Citizen Comments. None. 9. Adjournment: Mr. Main adjourned the meeting at 7:03. Approved and forwarded by Steve Main, CRA-AB Chairman. June 4, 2013 CRA-AB Minutes 2 ORDINANCE NO. 14- • AN ORDINANCE OF THE BOARI.) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH ALLOWS A MAXIMUM NUMBER OF 108 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO SOLSTICE RPUD; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.92+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZA-PL201200023571 WHEREAS, Cirrus Pointe Partners LLC, represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard. D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibit"A"to Ordinance No 200 -63,as amended, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Solstice RPUD 1 PUDZA-PL20120002357 Page 1 (4-.2 Rev. 11/15/13 • PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT H. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legality: 0(-1(L_ Heidi Ashton-Cicko Managing Assistant.County Attorney Attachment: Exhibit A - RPUD Document including revised Master Plan C P'a l 3-CPS-111205\\46 d Solstice RPUD\PUDZA-P1,20120002357 Page 2 oft Rev. 11/15/13 CIRRUS-,P INTESOLSTICE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS .POINTESOLSTICE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES-J,F4ELDS NAPLES, FLORIDA 3341 r0 Cirrus Pointe Partners LLC 516 Commerce Drive, Suite 200 Apopka. Florida. 32703 PREPARED BY: WILLIAM i HOOVER RICD NAP► Ec Fl ORIDA 34105 D.WAYNE ARNOLD. AICP O. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH GOOD ETT€ COLEMAN, YOVANOVICH 8<J0HNSONKOESTER,P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED . October 2013 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER • TABLE OF CONTENTS PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES iii ND 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION IU RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 ii '44") is)Words s.trucl-through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN EXHIBIT"C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Ill Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 - - • • - • Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe reasons: and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. . - - - - • -- - - -- - - ---• - - - -- - - -see as required in Policy 5.1 of the Future Land Use Element. Element. of the Drainage Sub Element of the Public Facilities Element. 5.Thc project is located within the Urban Mixed Usc District, Urban Coastal Fringe _ ._. - 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Base Density 4 dwelling-units/acre. Traffic Congestion Area 1 dwelling units/acre Affordable-Mousing Density Bonus - dw. ..... ..... Maximum Permitted Density 11 dwelling unitslacre t.- - • _ a 4#nit&/a6fe Requested dwelling units - 108 '14)Words strud through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 7. All final local development orders for this project are subject to Section 6-.02.00, •- - , Words truck threag-li are deleted;words underlined are added. Solstice RPCD Revision 4 10-22-2013 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 121 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida.,' 1.32 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 31102. The epel=ty is OR der par-chase 31110.Cirrus Pointe Partners LLC. 516 Commerce Drive, Suite 200. Apooka., Aor Florida. 32703 1.1 GENERAL DESCRIPTION OF PROPERTY AREA • • County), Florida. B. The entire project site currently has RAAF 6 Zoning with BMUD R2 Oveday - - - " ' _ !!! • • _ s _ e • 1.5 PHYSICAL DESCRIPTION - _ _ • . - • - e:e e . o. e e.-- • . -• e-- - - e -: •- - - _ .- • --- - Words °+r-e 4",i r are deleted;vkords underlined are added. Solstice RPUD Recision 4 10-22-2013 ,441) base flood elevation 8.0 feet NGVD. pc-oP +ndafy •i ..■ _ - -- e. -: - limits of the property if,' predominately#7 Immokalee Fine Sand. species were recently removed. 1.6 PROJECT DESCRIPTION •- e • b - e•-- -- - - - - - - e - 1.7 SHORT TITLE 4 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 2.2 GENERAL a. - • - - - :: • p-.. - " " '- Development District, Bayshere Drive Mixed Use Overlay District, and early work authorization. Were these regulations fail to provide developmental standards, then the provisions of the most similar district in C. -- : •- te--- - -- - et . All conditions imposed and gfaic material presented depicting - '. •:- - _` - P0 . • may-be-4evelepeel-, a. - -.ee -2, -e, - e -• comprises this RPUD. •- • :- -- • -e -- - et : • e —e• • •- - : e• e • z.f. •9 .11 ‘ 2-2 - e -2 Land Development Code 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 5 Words ,truck through are deleted;words underlined are added. '41) Solstice RPUD Revision 4 10-22-2013 ....._......_......... A. The project Master Plan, including layout of streets and use of land for the "•" • _ r - - • illustrated by Exhibit"A". B. Areas illustrated as lakes by Exhibit "A" shall-be constructed as lakes or, "Kt. Minor modification to all tracts, lakes or other boundaries m e`-_ - _-_ _ 11.! a. _ !_e .1_ - _-_ • • _ - =. - - r- ::•.- _ - - - - --• - _- -_ within this RPUD Document. Exhibit "A" is anticipated to be comprised of the following areas and AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.11 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT OF WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11-Acres TOTAL SITE AREA 9.92 Acres 2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9,92 acres and a maximum of 10.89 dwelling units/per acre. consistent with the BayshorelThomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth• Management Plan. • • - - - - - _ _ - • - - _ Density Bonus Agreement(AHDB). 6 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the B. Exhibit "A„ RPUD Master Plan and Exhibit "B" RPUD Water -- - - • • - ' _ ! e - , - - -- 't- applicable, shall be submitted for the entire area covered by the RPUD - - - e- • • " - - O. The provisions of Section 10.02.03, Site Development Plans of the Land - - . $ •- - other development order. D. The development of any tract or parcel approved for residential per Section 10.02.04-of the Land Development Code. improvements Fegarding any dedications and the methodology for 2.6 MODEL UNITS AND SALES FACILITIES _ a. •. _ -- -e - - - - • - - - : -- B.. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of a- 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN. 7 "f",) ' Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 • • . •• • •• :• •• : • Z :• 0.11. . -- z •- - — 2.8 PROPERTY OWNERS'ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities instruments for the establishment of a property owners' accociation whose 8 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit"A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth•Management Plan. • - : - • • - - - ' - - - ,9 - - - acre shall be developed in accordance with an approved Affordable Housing 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings. 2, Any other principal use which is comparable in nature with the forecaoinq list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code (LOC).. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, gazebos and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts; 3. Temporary sales trailer and model units. 4. Gatehouse, gatehouses, and access control structures. 9 Words 64.•i s li-th-reugh.are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Sidnade 3.4 DEVELOPMENT STANDARDS, A. Table 1 sets forth the development standards for land uses within the Cirrus Pointe Solstice RPUD. 10 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 • TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI-FAMILY Minimum Lot Area (per unit) NA Minimum Lot Width NA Front Yard Setback(1) 15' (2) Side Yard Setback(1) 1-Story 7.5' 2-Story 10' 3-Story an€1-4--Stery Over Parking 11.25' .. .. ... ..... .... _.. Rear Yard Setback (1) Principal Structure 20' Accessory Structure 10' RPUD Boundary Setback(1) 1-Story and 2-Story Homes 15' 3-Story Over Parking and I Story Homes 25' (3) Accessory Structure 10' Preserve Area Setback Principal Structure 25' Accessory Structure or infrastructure 10' Lake Setback (4) 20' Distance Between Structures Main/Principal 1-Story 15' 2-Story 20' 3-Story 22.5' Accessory Structures 10' Maximum Height. Principal Building Zoned 40=50' or 3 habitable stories over parking not to exceed 50' Actual 60' Accessory Building 425' Minimum Floor Area 1526 950 Sq. Ft. Garage/Storage Area = - -- - e.. - -- -•: (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2)The multi-family minimum front-yard setback shall be increased to 23 feet where both perpendicular parking and a 5-foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. B. Off Street Parking and Loading Requirements: 11 Words struck thrruuhr are deleted;words underlined are added. Solstice RAID Revision 4 10-22-2013 Parking shall be as required by Section 4.05.00 of the Land Development I a. A .. - - - _ - _ _ - - • _ _ _ - - - - - _J.., _ _ • - - _ _ • - -- preserve areas. These shall consist of 1.13 acres of retained [] Master 1 a. 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they-sh- -- -- - -•• --- - ' "• • areas-. 2. Landscaping and buffering shall be provided per Section 1.06.00 of the Collier County Land Development Code, E. Architectural Standards Ail buildings, lighting, cignage, landscaping and visible architectural fence sfwalls to be erected on all of the subject parcels. Landscaping and site. All roofs, except for carports, shall be peaked and finished in tile, F. Signc, Signs :hall be permitted-as described within Section 5.06,00 of the Collier B. Deviations: 12 Words struck throuzh are deleted:words underlined are added. Solstice RP D Revision 4 10-72-2013 • Deviation 1 seeks relief from ADC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi-family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities. to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 13 Words struck- ough are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit"A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3.. Water management structures. 4. Native preserves and wildlife sanctuaries. 14 Words ctruek through are deleted:words underlined are added. Solstice RPUD Revision 4 10-22-2013 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE of this project. 5.2 GENERAL regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or Document. • 5.31 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION 15 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entity (hereinafter the Managing Entity) shall be responsible far PUD monitoring until close-out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Cirrus Pointe Partners LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments, 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Section 10.02.03, Site Development Plans. 5.63 WATER MANAGEMENT A. If applicable, existing or pceposed easements for Collier County stormwater facilities shall be 1:11 'aihtained free of landscaping, berms or any B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. 16 Words f;truck thrJuzli are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 • C. An excavation permit shall be required for any proposed lake(s) in SWeDF D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90 10, as amended. 51-4 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is tl C.B. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4-inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4-inch force main, connection to either the 12-inch force main on Bayshore Drive or 12-inch force main on Thomasson Drive shall be preferred. 5.45 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria •• . 1, st Design Standards, current edition, and the Manual on Uniform Traffic 17 Words struck threugh are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 tic consistent with and as required by the Collier County Land Copt-fie- certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on on any such RP4JD Master Plan shall vest any right of access at any D. Site related improvements (as opposed to system related improvements) E. Road impact fees shall be paid in accordance with Collier County !P.,* r F. All work within Collier County -rights of way or public easements shall G. All proposed median openings shall be in accordance with the Collier and the Land Development Code, as it may be amended. Collier County time of approval of this RPUD which are found to be adverse to the health, capacity- A. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. 18 Words struck throuth are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 .._...................._..._. 4-1. Nothing in any development order shall vest a right of access in excess-of I. - .. et • e •e4 - - -e - .•-e-_ . et••••e, All internal roads, driveways, - pathways, sidewalks, and interconnections to adjacent developments shall be operated and - 2 " :2 . •:••* " • ' ' J. If any required turn lane improvement requires the use of existing County fights of way or easements, compensating right of way shall be provided K. If in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking ond shall be paid to Collier County before the issuance of the first L. Adjacent developments have not been designed to provide shared access -14*N1 shall accommodate the perpetual use of such access by incorporating M. The developer shall replace the temporary asphalt sidewalk along .e.. e• 11, - • = a. e - e• - - •e- t • property to Collier County. The developer has provided Collier County with a right-of-way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. 5.96 PLANNING A. Pursuant to Section 2.03.97E. of the Land Development Cede, if during the course of site clearing, exeavatior+ or other construction activity a 19 Words f,truzl,throuz,h are deleted:words underlined are added. Solstice RPUD Revision 4 10-22-2013 B. The developer shall construct a swimming pool and cabana prior to the C. The developer shall pay 1/3 of the costs, as determined by the Bayshorc than be made to the Bayshore MSTU prior to approval of the project's site development plan. A. All buildings. lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). B. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. C. The project developer will provide each building with secured vehicular and pedestrian entrances. D. Within seven (7) days of the closing for each unit, the Developer or successors, shall remit $2.962.96 to Collier County. This payment shall fully satisfy the repayment of the former $320,000 grant which was issued for acquisition of the subject property for development of affordable housing. 5,407 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All construction plans a nd, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704-.06 of the 20 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 •- e - • - - ee-. e- e-e •e- -e e e • •• " " C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and Services Staff. D. An exotic vegetation removal, FnoRitoring, and maintenance (exotic free) 00%4 E. A Preserve Area Management Plan shall be provided to Environmental Services _le es -2 e • - •e• e - 2 e . •:- - ••e methods to address treatment of invasive exotic species, fire F. All agency permits shall be submitted prior to final plat/construction plan This RPUD shall comply with the eiwironmentat sections of the Collier County - ee---- - -. •: - -- approval, 1=1. e .'e- '-- A - -e 21•••e. . e -e .. :• . e Words stftic-1--thrau-g1+are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 • J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent th-e-p•ropefty-owner-7 A minimum of 25% of the on-site native vegetation must be retained. 7.25± acres of native vegetation exists requiring preservation of 1.81± acres of native vegetation. A minimum of 1.81 acres of preserve areas are required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. Words struck-through-are deleted;words underlined are added. Solstice RPUD Revision 4 10-22-2013 . . ........___ ,■••••••••• a a) DV V c Ag 1-4 .• z-d3; g vciog 'a 0= i mmm Z'm i"-4 Wni D n V CI 97 g g r;f..9, :3:- ,.., m em m BAYSHORE DRIVE(KELLY ROAD) 7 r" .,,. , c - x m t, a a q Z --- 1 --:"-str•tr-;'!" ___ _7---7-1 >7. :..- :•>;,... ' ; , 1 ul. 00 to, 0000 C ! ; i. :: 1 4 • t - •• gF. , - ,.: .... i ,, 4 . i ig ri' et .1.1 Illrl. ! , 1, . . . 2,,,1 .• v f Z -___ ` ,T,.F, __ _ ;;; r .., ; , fLIIIi! i .7 c rig 2 I If:rlh;Pt.: 2 m 1 : *14.4-7-;1 ' > ...f • fffi 1( cat _ ,, Az I i)II 4° I 1 ii 1 \ il ?et ----- --IN , z 1.F,-5;.: : 1 , ; • 1 VI • RI _ 1 .! i ;II- • 1 . 1 - 1 _:1, 4 :;I . Mill t— -m,„, 1 1 M 31 i 4,1, ■ . il •x 7[1 1 ._......,. i— tilt s, 1 , 11(1 , -;,‘, : i ci 1 e—z\■17-_ :,', • - L I. f ii XI zo• i i col g; o,,. il'i, iil rqz :A (-' MT Dca•-o-g fa . ' C n ' F.Z1r02 ? Ili * • I ■ g -mme ca<mo 1.0 i 1 *Ili 9,mm ,11:40,1a, rnm< Em.,:,0 III 1■;1 .....3'.,..„......„....... ..,I . 1 'L ' i'r e4divt0 =p, A li L- r4:Cfai 1 l!lz F1/4....i/P----1 q41 ri .r if 4 .E 7,5-,R7-9 ommo I ,4 I . ...; „:•, „, .,., r.....to , ? • „. -- rJ . _4;•• , RI...., M-1ffig t., I t FI iT•*.e x" , lir e I I i -II i ,_.i , •t ... e Pa'141 -42"1.1119 I Li, 8=A • 1 0 { ogzo ,i -1 - Xz sig 1 i - c E a s•=4 b m 2,.:„5. = .... .1:, " 22i ■ II A Al' z m oz>g ....; i 1, ... - co g 51 Gil .:'`'i I il. IP 'i'"!.'x __ci :i i >0 C n ra ,-- co m oz -a 0 -am4cm r1,8 1 i 1y, 1 i 1 r° i v 2 >•72-o). air.1727:: xcp.7 ..,--._. I ; ,,,,--, , p I I .:.5c; • . •-, 0 --, Oximm ii F Xt ■1 Tmg.5_ 1 .: Ili R 0 an m a 22 tA3 , .........., , ill -1 1112 T9A ' : 11_ ___.--1, 1 A -4 ______..._,..._ '''' n-7,—-- g C A M Z Pi rn-- g.i,., t •-X --:17.---::'.:7'..=....:Ir-'77..:.:"..,.7"-..:.^-.7:____ - 111 z R.,-I ! ,07 .../. • 1-4 6 86 • morn E -9, § ;1 = 1 h , 0,-. m m ,74-zz 0 t,2 mo, - C IT g'''' i 0 mrre vn 'ilki itilt .= rn --: in i .1..• 0 z ..?.> I 411 I li en 0*zm 0 This space for recording AMENDED AND RESTATED REEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUS, DENSITY' BONUS s ' ING COVENANTS AN$ REST• LeEra $?:+,i. :1S. • aini43ig ,r7 THIS AM %ED • Di4ESTA ii •GRE`MEN -• as of the C...f/)/1 da Y of , 108 b a a e -- I: i- ds (the "Developer") and V the Collier C unty Board a a. °;sun y Comrnisslo .-rs it'• '' , mission"), collectively, the "Parties,"and replaces the s>i iginal Asree.F-i- o �-0 � A. The Developer owns -. `act of lea \operty described in Exhibit"A" attached "' hereto and incorporated h- - n (The "Property"). '' the Developers intent to construct a maximum of 108 ., -sidential units (the "Units") a''. density of 10.89 units per gross acre on Property. The g P= gross acreage of Pro �) is 9.92 acres. The number a =ffordable-workforce housing units constructed Developer shall be 32 , representing 30 forty (40) percent of the total number esidential Units ,jeroved in the development, or 56.4 •ercent of the a.•roved bonus u\,. Page 1 of 31 4/12/06 underlined text is added,stfueli rsu-g text is deleted Ej : bi l? A • In order to construct the Units, the Developer must obtain a density bon from the .. •mmission for the Property as provided for in the Collier County Affor• ale Housing De ity Bonus Ordinance No. 90-89, now codified by Ordinance 0•; 1, as Land Develop nt Code (LOC) § 2.06.00 et seq., which density bonus . n only be granted by the Co ission and utilized by the Developer in accordanc:.` ith the strict limitations and appli .tility of said provisions. C. The Corn sign is willing to grant a density bo -s to the Developer authorizing the constructio of 78 bonus Units on the P . .erty, if the Developer agrees to construct affordable ,orkforce, and clap Units as -`•ecified in this Agreement. NOW THEREFORE, in id' oe6J p- . . oval and grant of the density bonus of 7.89 units per ac f f ted by the De.'i ._ -r and the benefits conferred thereby on the Property, a d f• o a - • .•• - : ,`uabl:: co •sideration, the receipt and sufficiency of which are er:• - n � • - �� '�� ' elo•er and the Commission Amos hereby covenant and agr-ga • ' 1. Recitals. Th= .s ave Re.," .Is arm - _na • rect and are incorporated cD herein by reference. <1'4— -- 2. Develo•er A•reem- Ct • - hereby agrees that he it shall cc, construct up to ___32 41 ...}e units, not to exc -ed 40 % of the approved residential densit as affoA;able-workforce housin• units, ►'ich Units shall be sold in accordance with the t- . s and conditions of this Agreement d as specified by the attached Appendice-=A& B, Exhibits A, B, & C, and Appendix C, � ich Appendices are • incorporated by r-°erence herein and which constitute a part of this Ac• eement. a. e following provisions shall be applicable to the affor..ale, workforce and gap U `s: Defined terms: In the event of a conflict between terms as deft`° • in the LD •r in Ordinance No 90-89, Section 4, the definitions of the LDC will control . en plying or interpreting this Agreement. In addition to these defined terms and t • nderiined text is added,etrtte:through text is deleted Page 2 of 31 .... 1 . elicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction bui s • gs or structures in separate and distinct stages as shown on a PUD master an, subdiv on master plan or site development plan; or(b) in developments wher- shased construchs s is not depicted on a PUD master plan, subdivision master s -n or site developmen . an, the construction of buildings or structures in a dead -efined series of starts and fins .es that are separate and distinct within the develop. -nt. (2) Media Income. For the purposes of this Agreemen he median income of the area as defines my the U.S. Department of Housing - .d Urban Development (HUD) shall be the then . rent median income for the Na* -s Metropolitan Statistical Area established periodica b abalhatt, • se. n the Federal Register, as adjusted for family size as s he,4 *n the tables atta U.!, .ereto as Appendix A, Exhibit C, which Exhibit shall be a jus -s tit 51 ti - e .. m• a ore.rice with any adjustments that are authorized by HID . - cr: ;Fiji. • .7. e -vent that HUD ceases to .1. ■ I publish an established mActi- . •so.s s-*-- -4,--saisl • - Fi'a' ies hereto shall mutually -..-.:s %. agree to another reasona el-_,„ -nd comr.rar.- t oe computing adjustments in 711 Tit C.) .... median income. ...i .. 04,,.,, -\5' C-.-) cc. (3) Eligibility and Qb it "hfts Zilt*r°_.-r. Family income eligibility is a ---..amdmosiew-- •-cf . di ... three-step process: 1) subm• I of an applicion' y a prospective Owner, 2) / ---• -- verification of family housing unit provided under the a -, dable, workforce, and gap (....,› ....c) 4cr-s housing density bonus glegram prior to being qualified a-.he appropriate level of income (very low, lowitiederate workforce, or gap income) i • accordance with this Section; 3) certificain of eligible Owner by the `.... •- • e--•-•• : 'm- - -2 Housing r and Human Se gtes Department. The t -veloper shall be responsible for qualifying Owners e accepting applicatio , verifying income and obtaining income certification for all - : erdable, workfor - and ea. units in the subject development All applications, forms ens •ther doc , entation required by this Agreement shall be provided to •-- -'- - .3--•-•- . l'..- u rlined text is added.stfue14-thr-eugh text ts deleted Page 3 of 31 —-- - — -- .- Housing and Human Services Department. Qualification by the Developer of a pe ens as an eligible Owner family shalt be subject to review and approv in accor.:rice with the monitoring and enforcement program in LDC §§ 2.06 , and 2.06.06, -spectivety. • _ 2 - _ . .. • • • _ :tee - __ _ _ 11.1.11111MMINIMMIr • • :_ • _ 1 f - (a) Application. — p. t .=t3 .1 a.• y to the developer, owner, manager, or agent to quail G 16_ workforce 1;-: 4e family for the purpose of owning and occupying an .ffa •: 4.,-�,......;.•Mie •.�. ing nit sursuant to the affordable: :::::: ::: densi b. Y 1 y ry ppllcatlon for affordable= h u tli . : 4: and--Housing and Human ices De.:rt -n_ .s .ho}e in Appendix B, Exhibit A, • attached to this Agreement a ip,:. „rated' b -fe cue' erein. ~' V `N. 1 (b) Income Verificatio Li - 'fi•.� o affordable-workforce housing O° unit in the development shall --- sold whose househ. income has not been verified and certified in accordance ith this Agreement and LDC 2.06.05. o (c) Incom Ni - fication. The Developer shall obi written verification from ----11 the potential occupa t `(including the entire household) to vend all regular sources of income (includin• _ e entire household). The most recent year' `:.ederal income tax return for the .,. ential occupants (including the entire household) ma .be used for the purpose of ' come verification, attached to the affordable-workforce ho `-; g applicant Income `verification form, including a statement to release information, .• cupant venfi. ion of the return, and a signature block with the date of applicatio The vec-ication shall be valid for up to one hundred eighty (180) days prior to occupa derlined text is added,struck through text is deleted Page 4 of 31 •in expiration of the 180 day period, the information may be verbally updated fro' the 'ginal sources for an additional 30 days, provided it has been documented .. e perso •reparing the original verification. After this time, a new verification f. must be comp -d. The affordable-workforce housing Applicant income Veri :tion form shall ' • -• ' - ttH t ry Department be pro as ed own to the in Appendix- e B, -Exhibit- _ B,. aached ousing to thiand- H Agreement an Se and ices incorporated by ref- ,nce herein. (d) Income ertification. Upon receipt of the Preli ary Application for an affordable-workforce hou g unit and Applicant Inco! e Verification form, the Developer shall require that s i rr -t ' •r ``be executed by the potential occupant (including the _ _�. ��'�'. p ( g e en r usehold) prior •• upancy of the affordable: workforce housing unit by th: oft •-nt -lirco : - . ion shall assure that the potential occupant has a a••r•p .- . ••;Ti. 'i. •I? ch qualifies the potential rdifizw occupant as an eligible fa • •1• • . . ir::,.ab:• ,.• • e housing unit under g the . t affordable-workforce hou irk density,' •on i> ••ra he affordable-workforce P_ Housing Applicant Income aesl - on form •- provided by the financial w Admini tratien-and-Housing and .r I - itPt541,10_ =artment as shown in Appendix B, Exhibit C, is attached to this As--ement and is incorpor.`--d by reference herein. Random in-.ection of files containing requ -d documentation to verify .� occupancy in accordan with this Agreement and LDC § 2.o'fl_00, may be enrnducted by the €i nsi. a It _ _ . •e Housing and Human Servi s Department upon reasonable notice (4) � nual Progress and Monitoring Report. The Developer s` ...11 provide the - • -•- •,!- ••••' - .• - - Housing and Human Services Departmen -n annual progres 4nd monitoring report regarding the delivery of affordable-workforc-`.ousing units, I' roughout the period of their construction and occupancy_ The annual prat ess a E£ monitoring report shall, at a minimum, provide any information reasonably requi declined text is added,atruek-tixettglk text is deleted Page 5 of 31 insure compliance with LDC § 2.06.00, or subsequent amendments thereto. T, reps shall be filed on or before September 30 of each year and the report s be submi' by the Developer to the . -' ' - - - _ e Housing an• uman Services 6-•artment. Failure to complete and submit the monitoring - •art to the - -tion and Housing and Human Services Departmen :--ithin sixty(60) days from the d > date shall result in a penalty of up to fifty dolla•-' ($50.00) per day unless a written ext ion not to exceed thirty (30)days is requ-,-'ed prior to expiration of the sixty (60) day su o� ission deadline. No more than o ("'such extension may be granted in a single year (5) Occu•anc Res"•' - ■"• }0• -: rkforce unit in any building or structure on the Property sh- 0:41,c.,, cupied by the),-Nte ••er, any person related to or affiliated with the Develop- or b : �„'.- -a -ger. 3. Densi B r nu it 741-1 o •y acknowledges that the Developer has met all re d afp(e .s,- • -'' 1' ali ! .'. - sit bonus � y . in addition to y the base residential densi 3 is per r.'t:A . • erefore granted a density rr bonus of 7.89 density bon fit 's per acre, for r_• 1).ensity (total = density bonus ,, units per acre X gross acreage its -c, pursuant to LDC§ 2.06.00 t,, The Commission further sees that the Developer ma construct thereon, in the CI aggregate a maximum ,tmber of 108 units on the Prope rovided the Developer is able to secure building permit(s)from Collier County. t 4. Coission Agreement. During the term of this s , greement, the Commission 'g through the : --'- • Housi and Human Services DD artment or its successor(s) covenants and agrees to prepare..nd make availab,teto the Developer any general information that it possesses regardin•°s come lime ,`Pions and restrictions which are applicable to the affordable workforce 0 'a• ;;*.it. 5. Violations and Enforcement underlined text is added,st'usk-threuth text is deleted Page 6 of 31 a. Violations. It shall be a violation of this Agreement and LD • 2.1 00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce h••sing unit p ided under the affordable-workforce housing density bonus programs: cept as specifica •. permitted by the terms of this Agreement; or to knowingly 9•'e false or misleading i ep•rmation with respect to any information required or r ested by the .'. • e =,, _•e Housing and Human Services DepartmOk or by any other persons pursuant. %he authority which is delegated to them by.3DC § 2.06.00. Collier County or its designeshall have full power to enforce the,terms of this Agreement. The method of enforcem4 •t for a breach or violation of this Agreement shall be at the option of the Commission by mi•_t ar c- • C •. Ant to the provisions of Section 125.69, Florida Statutes, or b. ; nforcement as racy- • by law. r` b. Notic;: of Vt.k'on • .rf. - En .rc- ent Board Proceedings. Whenever it is determin-d ■►_ lira ` e%a,', .7 islAgreement or of LDC § 2.06.00, that should be e;for -•• . .••e E• •• :the it Board, then a Notice of Violation shall be issued . ti ent byfthie a, •,r_ ia1i 08) rtment by certified return- I-,° 17-1 receipt requested U.S. Mail, s •. .r-delivery tp„th:Aa• '.on or developer in violation. ► s w The Notice of Violation shall corn'''. o! .f..•nts for such Notices. ”" fi �i 1�Y i ..co c. Certificate of Occupancy. In thee' gent that the Developer fails to `-- maintain the affordable-workforce units in accordance uiiih this Agreement or LDC § 2.06,00, as amended, t the option of the Commission, buili ng permits or certificates of occupancy, as applicable, may be withheld for any futur •lanned or otherwise approved unit located or to be located upon the Property until the ="-tire project is in full compliance�tth this Agreement and with LDC §2.06.00, as amende.: 6. ~ Assignment by Commission. The Commission may assig ,,all or part of its obligations under this Agreement to any other public agency having juris•i, tion over the Koperty provided that it ives the Developer thirty g p rty {30} days advance watt-+ ; once ereof. The Developer may not assign, delegate or otherwise transfer all or part its underlined text is added,struck tltr r3ugh text is deleted Page 7of31 uties, obligations, or promises under this Agreement to any successor in interest to th- Pr. .erty without the express written consent of the Commission, which consent ma . .e withh- . for any reason whatsoever. Any attempt to assign the duties, obligati' s, or promises der this Agreement to any successor in interest to the Property , out the express writt: consent of the Commission as required by this Section sh be void ab initio. 7, Seve •ilit . If any section, phrase, sentence or porti• of this Agreement is for any reason held •valid or unconstitutional by any court of •.mpetent jurisdiction, such portion shall be dee 'ed a separate, distinct, and inde -ndent provision, and all other provisions shall remain :le '1 i, bii the r.rties. 8. Notice. Any no ' - f. -sired or require. t•''. given under this Agreement shall be in writing and sh-11 : -, •- • + . - -• or shall be sent by mail, „r"„„, postage prepaid, to the P.al-- To the Comm . t.Ilier •-e. •..*. • e--**".... . `e• . -e 'te,f, ousing 70,; • :n Services Department _ g/%1447 iami Trail. Building H, Suite 211 ILTII lorida 1. 111204 To the Develop- . James J. Fields 15544 Monterosso L. t e #2 Naples, Florida 34110 With cop o. Any Party may c, .nge the address to which notices are to be sent i notifying the other Party of ch new address in the manner set forth above, 9. Authority to Monitor. The Parties hereto acknowledge that th= Collier County . - -- - • t•- • - ion and Housing and Human Services Department • its desi. ee, shall have the authority to monitor and enforce the Developer's obligatio wk u,,erlined text is added.stree,tgh text is deleted Page 8 of 31 ' -reunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemni and ho = Collier County and its officers, employees, and agents harmless from .nd against an and all claims, penalties, damages, losses and expenses, prof-.sional fees, including, ithout limitation, reasonable attorney's fees and all costs litigation and judgments a -ng out of any claim, willful misconduct or neglige act, error or omission, or liability • any kind made by Developer, its agents or - ployees, arising out of or incidental to the . -rformance of this Agreement. 11. Covenants. Th Developer agrees that all of i obligations hereunder shall constitute covenants, rester 'e ,s Eel' • - whic hall run with the land and shall be binding upon the • .- and agains person then having any ownership interest at any • e -no, e .n 1 th Agreement is terminated in accordance with Secti n .: • . : � ` le- agree that if Developer transfers or conveys the 'rv_+�- ,, . .•J:; o - Developer shall have no further obligation hereund- d any pers• se-bf'z. • to rce the terms hereof shall acs° look solely to Developer's su.. - • in i• erest for t - :- •rmance of said obligations. 12. Recording. This Ag -- }or.. . at County's expense in the official records of Collier County, ' orida. - 13. Entire A.reem: t. The Parties hereto agree at this Agreement constitutes the entire Agre ent between the Parties hereto and s .11 inure to and be binding upon their resp: tive heirs, successors, and assigns. 14. Termi r tion. Each affordable, workforce, or gap housing it shall be restricted to rem and be maintained as the required affordable, workforce :nd •a• housing as pr, ided in the LDC §2.06.04. 15_ Modification. This Agreement shall be modified or amended only by - written greement of both Parties. 16. Discrimination. u rimed text is added,st-feek-ttfitreugh text is deleted Page 9 of 31 • a. The Developer agrees that neither it nor its agents sh_ disc ' inate against any owner or potential owner because of said owners race, , or, religion, -ex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains th- :ffordable- workforce ho 'ng unit, it must advertise, sell, and maintain the s. e in a non- discriminatory ma •er and shall make available any relevant inform. •n to any person who is interested in p• chasing such affordable-workforce housin nit. c. The `i eveloper agrees to be responsibl- or payment of any real estate commissions and f- •s for which it is liable in e purchase and sale of affordable-workforce units. e. The aff. %IA- orkforce how, . 'its shall be intermixed with, and not segregated from, t. e ,ar'?"-.' ,.j,'` . - -, nits the development. f. The -q r 1. litffrik.% .1 d •esign of the affordable, workforce, and gap housi g� - :+ � me�• - rate dwelling units in the development All physical ties e dwe '\u it-•+•- described in item number seven (7) of the Developer A+l : '.n for affordabl: • orce housing Density Bonus shall be the same for mar -t"j, n is (id .ffo able-workforce units. For °n developments where const tion takes place in more th. one phase, all physical amenities as described item number seven (7) of the De -toper Application for 5 Affordable-Workforce ousing Density Bonus shall be the same in •,th the market rate units and the affor• .ble-workforce units in each phase. Units in a s . equent phase may contain di rent amenities than units in a previous phase so long as • - amenities for market r. e units and affordable, workforce, and gap units are the same wi •in each phase a provided that in no event may a market rate unit or affordable-workfor unit in an phase contain physical amenities less than those described in the Develop- A. . ication. 17. Phasing. The percentage of affordable-workforce housing units to which underlined text is added,stria h text is deleted Page 10 of 31 , . • Developer has committed for the total development shall be maintained in eac pha - and shall be constructed as part of each phase of the development o e Prope Developer commits to 30 40 percent affordable-workforce housing its for this projec. with 39 40 percent of the units in each phase consisting of ordable- workforce uni 18. Disk 'sure. The developer shall not disclose to perso ., other than the potential buyer or 1- ,der of the particular affordable-workforce sing unit or units, which units in the clever 6 tment are designated as affordable-w• force housing units. 19. Consistency. This Agreement and authori • • development shall be ------- rii-i,„ „ consistent with the Growth ,n.. rri..91-. - • an' development regulations of -?' Collier County that are in eff- .'"N e time of clevelo.r - , Subsequently adopted laws and policies shall apply t• t7 - e= MII4 .09iiii I •ev- opment to the extent that he arme oont in ocf o naflow • z - • • 4Ink 1:41 6 6••,,6 --wTkforce housing units and xi,. so c,A,,,,I . ,:. 4.- i . Etiinus approved for the C development. c• 20. Affordabfe-Wo • ; sing Den fq.,• s Development Agreement. _ ( ), ..r( )AT This Agreement is a distinct and - affp t9 .1- - •- from "development agreements" ' as defined by Section 163.322s la. Stat., as amended. ---) 21. Preapplication Developer has executed and submitted to the <=, .41r=3. Development Services D• .artment the Developer Application Affordable-Workforce ' Housing Density Bon ., a copy of which is attached to this Agre- , ent as Appendix C and incorporated b reference herein. 22. G ernin. Law. This Agreement shall be governed by an. construed in accordance th the laws of the State of Florida. 23 Further Assurances. The Parties hereto shall execute and d- 'ver, in recor• ale form if necessary, any and all documents, certificates, instruments, .nd agr ements which may be reasonably required in order to effectuate the intent of •erlined text is added,etruc- -thco&gh text is deleted I Page 11 of 31 Anis *reement. Such documents shall include but not be limited to any docume reel ted by the Developer to exhibit that this Agreement has terminat-' in accord- •ce with the provisions of paragraph 14 above. IN WITNESS WHEREOF, • ' s • - -used this First Amendment to , Agreement to be executed a • day and year fir- •• e written. ATTEST: - - B! •Ro 4F CO N COMMISSIONERS DWIGHT R,' 3 OCK, CIe i-0►4 4 • LORIDA 111 %if ss x . . Ci T, • . CHAIR ES()3 p - � '• N � iititst ittrtC> eiliie C1 iiPlitire.calls zE CMCI °° COI Appr• ed as to .rm and legal sufficiency: Assistant r ounty Attorney underlined text is added,strue-{—:#reuga text is deleted Page 12 of 31 = DEVELOPER: Inesses: IP 1111k 440# ...1414%,„41. A. 4)) &hit. • A . 4 Li; a : Ablikillir -3 1 f j . Witness I_ ,I=. . Pri ited Na . P - ta' . LAW P.: ovv,,,,r- 1 a 1 By: tI j ni-e, Rud; , rwi'i e l _ ow. , , _CI tr ii4_,t Witness P C( k) 1-cLeA_- oArviAittzt- rinted Name __ •,• C..0 P t 4 n STATE OF FLORIDA , 1 Wit COtiA, COUNTY OF COLLIER ) 71111111140 leoLlThe foregoing First Ame dm-n to z- L,- =- 71-14; i,• in• A ordable, Workforce, and ;I IL" lik, Ak. ' 1 E1 Gap Housing Density Be 'ad Ime , g `..ove ant 11" d Restrictions On Real --6 . , &( Property was ac‘Kho • -*t -d - b o - -e 5,, ,s , k as 2z" ... (Ve-r c-rh _LA n t 1-a-3,—) wh. (.1 ,-, ,=,-rsonall t,,011 • . to me or has produced - , as ie T.1.-* oil ,, ---cy C-1 WITNESS my hand a * official seal thi AV day o , I , -_ 2008. '.2-whit-2.2 IP VC-At-9— c71 N. *ry Public My Commission E fires: 1,. --v .....-lisa . 1.1 II*; 'a' MY COMMISSION t 00 417346 1 s ...;,:-/- EXPIRES:July 4,2C09 I ...% apniko ilru?kart PM&UncimAlsrs /nderlined text is added,s4uuli-44-eugll text is deleted Page 13 of 31 EXHIBIT A LEGAL DESCRIPTION of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. a •,rding to the plat thereof,as recorded in Flat Book 1,at Page 27-A,of the Public Records .f Coil County,Florida. A R Cod if II B W AINS / "` C rRG underlined text is added,_ text is deleted Page 14 of 31 APPENDIX A,EXHIBIT A NUMBER OF AFFORDABLE,-WORKFORCE_ HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCO E (81-150% MI Eff"icienc I Bedroom 2 Bedroom 3 Bedroom / 4 Bedroom TOTAL fa' ''r WORKFORCE INCOME (61-80% MI) o Efficiency • ► 0 1 Bedroom Alo, 2 Bedroom 0 3 Bedroom 44 0 coo 4 Bedroom 0 TOTAL 0 44 LOW INCOME (51%-60% MI) Efficiency 1 Bedr•em 2 B •room Bedroom 2-1- undcrli . text is added,struck-thietigh text is deleted Page 15 of 31 • { edroom TO L 0 2-1- VERY LOW I COME (50% OR LESS 4 I) Efficiency I Bedroom 2 Bedroom 3 Bedroom -1 4 Bedroom TOTAL t Cot'`y (I) Base residential d: sit .iopme-t 3 units/acre. (2) Gross acreage '.92 (3) Maximum numb-r o .r:7L!! ',�- l', _?',. nsi.y bonus units allowed in this development pu •ua to LD t :T�r � pp i (4) Gross residential .e • : tin ' ' nt( �:d ,•ffordabie-workforce housing density bonus unit 0.89 uni . acre. :J (5) Percentage of affor.;&1' work...rce housin) i s .4}•ed by the developer(as a percent of the total n b is in the deve .. • n°r 30 40 %. • .rte. i CIc tre u serlined text is added,snack=threugil text is deleted Page 16 of 31 i APPENDIX A,EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LD• § 2.06.03, provides for calculation of a density bonus for develope • pledging to construct a -. dable-workforce units within their development. Included in thi xhibit B are instructions fo . d the tables with which to calculate the density bonus for a • icular project. Exhibit C conta the current median income and acceptable rents for and very low, workforce,and gap 'come households in Collier County. The affordable- •rkforce housing density bonus rating system all be used to determine the amount of the affor...le-workforce housing density bonuses ich may be granted for a development based on hous.•old income level;-- ref-bed-_ • 2 :-:. : - -_• ••-' percentage of affordable work ce an._,;,,;, ou.• : units the development. To use the affordable-workforce housing den , .a r` ' ' ' •C ` ,1 des A and--B, below, shall be used. • Tables A and , shall be review:i ti,-k. .pdated if n 17. •n an annual basis by the Board of County Commissioners or its d- is-_ First, choose the hou ehoid incom i -: .1 - -, lo : very low, low, workforce, or gar)) of the affordable-work-for el g lT... . .eveloprnent, and - pe-ef agile--lhetising—u i ;f --4.-- .. 1.. , tr .s.. CA-) - �'Af er the aford�e is +,,!� „ t' . _ - __ -. - , cs, - * .. determination, Table B wil - -- 1 . . - _ •. : - - . — _. a L, ` . •- - --- . Nex determin- e ercent of that 0 a of t affordable-workforce hou- g unit(s) proposed in the development co •ared to the total number •:=. of dwelling units in t' - development. From this determination, Ta• - A will indicate the maximum number o esidential dwelling units per • oss acre that may , added to the base density. These ad.` Tonal residential dwelling units per gross acre are the in. imum affordable- workforce housi . density bonus (AWHDB) available to that development. D. eloprnents with percentages of ordable-workforce housing units which fall in between the perce ,:es shown on Table$Ash receive an affordable-workforce housing density bonus equal the to • of the two percentage 't lies between plus 1/10th of a residential dwelling unit per gross ac for each additiona percentage of affordable-workforce housing rental units in the developm- For exampl=, a development which has 24% of its total residential dwelling units as affo .ble- work:.rce housing units, and which has an affordable housing density bonus rating of"four' ill rec.' c an affordable-workforce housing density bonus (AWHDB) of 4.4 residential dwell; s per gross acre for the development. dcrtined text is added.stwsk-gafeetth text is deleted Page 17 of 31 ►. j• - - . S . . .. . . .. . : . . . .. _ ` development: no event shall the affordable-workforce housing density bonus - ceed eight(8) dwelling units p gross acre. a� Cill.119.11- E-,f A4 (5.5 0. 4\sse5' '7-F cry- °° underlined text is added,s k,.z.;gig text is deleted Page 18 of 31 APPENDIX A,EXHIBIT B AFFORDABLE-WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please cote i ate your density bonus in the space provided below. Attac• additional pages if necessary. TABLE A;AFFORDABLE-WORKFOR HOUSING D SITY BONUS RATING'prior table delete, current table follows) MAXIMUM ALL• ABLE DENSITY BONUS BY PER' NT OF DEVELOPMENT DESIGN• ED AS AFFORDABLE-WO• " I RCE HOUSING Household .cR C4;� Product { Income 10% s'4440 o`0 40% ,t. ,4 .0% 70% 80% 90% 100% % median Ak 81-150°l0 rrForml Gap MI* ** 6 6 6 n/a Ga•) ik �. { � 61-80% kilt/K'� It , Workforce MI* 1 1 8 8, 8 8 8 8 51 60°f0 ► ' Low MI R s' 8 8 8 8 8 .�. SOlO Very Low or less 4 5 7 8 8 8 8 8 8 8 •-v MI __ *Owner-occupied only .Q **May only be used in cone ction with at least 10%at or b: sw 80%MI Total Maximum Allow 6 Ie Density=Base Density±Affordabl. Workforce Housing Density Bonus. In no event shall t - aximum gross density allowed exceed 16 uni •er acre. u lined text is added,struck-tmugh text is deleted Page 19 of 31 .., APPENDIX A,EXHIBIT C COME AND RENT LEVELS FOR THE LOW AND MODERATE INCO■ . Pursuant I. apter 74,Section 74-402 (a)(1); Collier County Code of Laws and Ordi•f ces,in, *me is 61%to 80%of the median income,low income is 51%to 60°. of the s median inco - and very low income is less than 50%of the median income. MEDIAN INCOME 2007 $63,300 Naples,MSA(Collier County) NUMBER OF M. HERS IN FAMILY'prior table deleted urrent table follows] 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,21 e -,94, 1►r 121,500 129,900 138,150 80% 39,100 44,650 s •a ,: r a t '4 64,750 69,250 73,700 60% 29,340 33,480 -i 1 v:0 41,880 • •rob, 48,600 51,960 55,260 50% 24,450 27,900 3 •.,:4! 4,900 .7,71 i 40,500 43,300 46,050 fa 35% 17,115 19,531 _1,1..1- 2' '30 6,390 '8,350 30,310 32,235 25% 12,225 13,951 r "`�' , 'I 21,250 21,650 23,025 gt kW" I ME■ I E RE• :., ' • The Florida Housing Finance Co .. . • FHFC : c V ) 1 • �s'�€- is to use in the State Apartment w Incentive Loan(SAIL)and the Low-• o, ' t i: ax Credit(LIHTC)programs_ �' rents given below are based on 201 data • ( leis The �,-, "'�` tility costs are provided from the County's Section 8 Rental Assis:, ce Program which is a, iinistered by the Collier County Housing Authority. ' 0 HOUR COSTS BASED ON 30% F Y INCOME w (prior table deleted,current table fo •wsl ONE TWO THREE 111 BE 1 •OOM BEDROOM BEDROOM BEDR U' T BEDROOM UNIT UNIT T 150% $1,961 $2,720 80% 4 $1 046_.. $2,355 �, � 4 60% 4 $1,0 $1,256 $1,451 51,6 $942 $1,089 50% $654 $785 �r $907 �� 11iTi - $458 $549 $1,012 1 1�.� $327 $635 $708 � $392 $506 nderirned text is added,strualt-thfatigh text is deleted Page 20 of 31 I UTILITY ALLOWANCES ONE B/R. TWO B/R THREE B/R FOUR B OCATION UNIT UNIT UNIT UNIT Naples ° d Coastal Collier It .unty 71.00 91.00 128.00 6.00 lmmokaiee ..•d East of Everglades B d. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186 '• 211.00 YOU M►.T DEDUCT UTILITIES TO CALCU • TE NET RENTS. R COO ‘,.1"414-Thr)l cp o0 471ft&' C-11 -G13'\C cs. CI .sy underlined text is added,sitit4-tirtfoug14 text is deleted Page 21 of 31 APPENDIX B,EXHIBIT A P LIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UN Date •' upancy Desired: Date of Application: Amt. Of Sec. Deposit Your N. Race/National Origin:Handicap: Yes o Co-Tenant N., e Race/National Origin:Handicap: Yes No Present Address. Street City State Zip Telephone No. Name of Landlord How Long at thi -ddress: Landlord's Address: Street City State ORTelepho o. If you have resided at your prese t - = s thanO1 • •estate previous address: Street City - ta ---- , el •ho e No_ Name of Previous Landlord PAT , `4111160- `11111160- -moo. Street City y � Telephone No APPLICANT: � .rte. Present Employers Name ems- «> Address and Telephone No How long with Present Employ-.: Job Title c=::0 Gross Salary: Hourly S eekly$ Every 2 Weeks$ .tom Monthly$ Social Security Number Birth Date Previous Employers s _,ne Address and Telep,site No. How long with evious Employer_ Job Title CO-TEN , Present - ployers Name Addre•. and Telephone No. Ho long with Present Employer: Job Title u .erlined text is added,struck—thfaugb text is deleted --� Page 22of31 t oss Salary: Hourly$_ Weekly$ Every 2 Weeks$ Monthly$ Soc •1 Security Number Birth Date Previo., Employers Name Address . + Telephone No. How long w 1 Previous Employer Job Title NAMES OF ALL% 0 WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOLI SECURITY 2. 3. PERSONAL REFERENC. (Not Relatives1 I. Name: Address: How Long Known: 2. Name: Address: How Long Known: "S2 R p j Ai r CLVTIPV ' . Cam ' 7 cam-' ,, underlined text is added,struck-through text is deleted Page 23 of 31 APPENDIX B, EXHIBIT B AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATIO• Date: Applicant' ame: Social Security Number Co-Tenant's e: : Social Security Number I Present Address: Str.-t City State Zip elephone No. I hereby make appli••tion for a single family unit at I hereby declare and re -al all of my sources of income. I am aware that to leave • , omit or fail to report my assets or fo s of income from pensions, stocks, bonds, real propert rent, sale or ownership is a fra ulent act punishable by law. Knowingly falsifying informa •n on thi :. :.'s .. II. or re :I of occupancy. tip' • N I hereby certify that this will 111.*III •ermanent resi• ...d that I have no other assisted housing. I understand that this info a o• �.T�--.l a . ...- . e mp ting my annual income to determine my qualification o b y . : •- ..,b -et. =at housing unit. I understand that I am not required to 1 d a , s a nit: o r&l.imed property, pensions or '73 capital gains,etc. , *jai° Co-Occupant o Amoun - e-cy Amount Frequency ...r,. • .. ii ii' " ' Received of Pay c c• Wages/Salary S $ $ Bonuses $ S $ - Tips $ $ $ $ ° ,p.„ Commissions S $ $ $ Interest Income S $ $ $ Trust Fund Income $ $ $ S Unemployment S _ $ $ Workman's Compe• -ation $ $ $ Welfare S $ $ $ Food Stamps 5 $ $ S Social Securi S S $ S Social Seca,' Disability S $ $ S Suppleme' at SS! S $ $ Family : sistance S S $ $ Child ' pport S $ $ $ Vet: . Benefits S $ $ $ ,..,,, W'.ows Benefits $ $ $ $ dined text is added,st �- h text is deleted Page 24 of 31 nion Pension S• -Employment Business, Sil••t Partner,etc. $ $ Priva Insurance Pension $ $ TOTAL • AL INCOME THE VERT!k TION HERE REQUESTED MAY TAKE THE FORM OF T MOST RECENT YEAR'S INCO E TAX RETURN FOR EACH OCCUPANT WHO HA ILED AND WILL OCCUPY THE • ORDABLE,WORKFORCE,OR GAP UNIT. THE SAME MUST 1••E EXECUTED FOR EACH OCCUPANT OF HE HOUSEHOLD WHO CONTRIBUTED TO •E ANNUAL HOUSEHOLD INCOME AILUR_E TO REPORT ALL SOURCES OF HOUSE • D INCOME WILL RESULT IN DISQ IFICATION FOR TENANCY IN AFFORDABLE,WO• 4 S RCE,OR GAP HOUSING UNIT. 1ER CO 0 • 111111---.1 r46.4. cz) 'Cy 04=30. CO..) C30. C 4:=> Cx:› underlined text is added,stfuelt-threugh text is deleted Page 25 of 31 • APPENDIX B,EXHIBIT C FORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATIO APPLIC T: Present Employ. : Job Title: Address: Street City .te Zip I, ,hereby authorize the release . information requested (Applica on this certification form. - . Co, •• attire of Applicant STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was a. o .=_ .Who is personally known to err as •=o t " ' identification. ,1�! o Witness my hand and . ' :� :l sea, , y { ,2008. (notary seal) T1 Notary Public My Commission Expires: c› underlined text is added,s hreugh text is deleted Page 26of31 • PLOVER CERTIFICATION App . is Gross Annual Income or Rate or Pay: Number , Hours Worked(Weekly): . Frequency of Pay: - Amount of uses, Tips, or other Compensation Received: $ Monthly Annually Supervi-+r STATE OF FLORA COUNTY OF COLLIER) The foregoing was ackno �.• i ore r e • Who is personally know t. '• or has produ : .4r41126, as identification. Witness my hand and of 2008. (notary seal) .J _ Notary Public My Commission Expires: l () THE CERTIFICATION HERE REQ •03r AY TAKE T: ' OF THE MOST RECENT YEAR'S r^' INCOME TAX RETURN FOR C .r a , ' �! ,Q, FILED AND WILL OCCUPY THE cre AFFORDABLE-WORKFORCE C , c, r.a underlined text is added,struck-through text is deleted Page 27 of 31 b APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORC' HOUSING DENSITY BONUS Pursuant to DC § 2.06.01 please complete this form and submit it wi any accompanying documentation the Community Development & Environmental Servi s Division, 2800 North Horseshoe Drive, -des, Florida 34104. A copy must also be pr• ded to the Collier County Housing and Human Se. ices Department. All items requested must be •rovided. R. CO j- 1. Please state what zonin: • - propose. • Atv +••licant, if any,on the property and the acreage of each; RPUD-9, ' Has an application fo, • -•N. • .. , , . do• with the affordable,workforce_ and gap housing Density bo X Yes No o If yes,state date of application e -04 if t _ e0...)1. been approved,state the Ordinance number 05-63. .sue. 3. Gross density of the propos- : devel o p p . l :9 un • ono ► units/acre ..c, Gross acreage of the pro•.sed development. 9.92 acres 4. Are affordable-work .rce housing density bonus units s, ght in conjunction with an application for a planne. .nit development(PUD)? X Yes No. If yes,please state n.• e and location of the PUD and any other identi • g information. Cirrus Pointe RP' ', located and at the northeast corner of the intersects• between Thomasson Drive and Bay ore Drive. 5. N e of applicant James J. Fields ame of land developer if not the same as Applicant: N/A . Please complete the following tables as they apply to the proposed development. ndcrlined text is added,__true4>h.O g;text is deleted Page 28 of 31 ' ABLE I Total Number of Units in Development Typ. of Owner Unit Rental Occupied Efcienc 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL • TABLE H Number ofg • . bl..2_ ).4 ••. _ • i nits ►r�Tr abi d•‘li rt nI V• oiliws et • . �, r0•• . ,`. 'WWI i.`�;IW WI It jam, or r• •.• e- • - P-nst :o 4' nits fAre'e nits n17` . opm Q Alt Owner cxa Rental •741.14 �- 'al Occupied c_,-, GAP INCOME 81-150% MI -- Efficiency I Bedroom 2 Bedroom 3 Bedro• Othe TAL 0 In accordance with LDC Section 2.06.03.0.— I owner occupied underlined text is added,std text is deleted Page 29 of 31 • ORKFORCE INCOME 61 •0% MI fficiency 1 : • oom 2 B ►•m 3 Bedroo 44 44 Other TOTAL 44 In accordance with L Section 2.06.03.D.—All o ner occupied LOW INCOME i1 Cotik 51-60% MI Efficiency 1 r. 16. A 1 144 1 Bedroom , ' 2 Bedroom 3 Bedroom Q Other ', ".(S c o s TOTAL 0 0 4? VERY LOW INCOME 50% OR LESS MI Efficiency I Bedroom 2 Bedroo 3 B-. .om • er TOTAL 0 0 derlined text is added,strilek-thretigll text is deleted Page 30 of 31 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 bedr•.ms. Inclu• in your description, for example, the square footage of each type of unit, floor •verings used thro ; out the unit(carpeting, tile, vinyl flooring); window treatments; appli.• es provided such as washe • er,dishwasher, stove, refrigerator;bathroom amenities,such . ceiling exhaust fans; and any oth- amenities as applicable. Attach additional pages as E ibit "D" if needed. (Sot attached) APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTI• OF AFFORDABLE WORKF S CE HOUSING UNITS There will be a minimum of 4 s •� J kforce •ousing Units in the Cirrus Pointe PUD. These-Affor ble W•r€t e ` •using Units NIP'. comprised of 4-0 44 three-bedroom '.Q tic. .. ,D . $.•°, 1; Income)Units. {�`� Al! Affordable Workfor :, • -. •• • t A. •.. : - as owner-occupied multi-family units. Each unit will co eTl': dard wi carpe ;• • . i•• s, refrigerator, dishwasher, stove, washer/dryer, basic lightin, : f package, an. :*"rr•anis will have ceiling exhaust fans. The three-bedroom units will hay •4 1t4IIa ' �.itione• ea of 1526 square feet. Garage parking will provide 2 parkin; .tails for each unit and will also hou storage areas for each unit. The entire community w. consist of up to 108 multi-family homes . .d the units that are not cv designated • x: _ orkforce Housing Units will be offered as ma• ately priced multi- family homes. T - community will have the following amenities open to the r. 'dents of Cirrus Pointe: pool/c..aria, fountains, sidewalks and gated security. 8. Please s •ly any other information which would reasonably be needed to address this req t for an a r rdable,workforce, and gap housing density bonus for this development. Attach additio p _es if needed. underlined text is added,sh tr k gh text is deleted N'APE.fS 5S7�1:4 Page 31 of 31 Patricia L. Morgan From: Mosca, Michele Sent: Tuesday, December 17, 2013 1:45 PM To: Minutes and Records Subject: 12/19/13 CCPC Addition Attachments: CPSS-2013-1_CCPC Staff Report_FINAL.pdf Importance: High Trish: Please remove the Staff Report for Petition CPSS-2013-1 (Agenda Item 9A) within the 12/19/13 CCPC materials and insert the attached Staff Report and NIM/CRA Advisory Brd, Minutes, as the Minutes were inadvertently omitted from the packet. Thank you, Michele 914ichele '(R, losca, 1jcp I'tiuciI,ai Pla.ttt c CIt<>ttth \'I>ttt;t;etttctti I)iei,lott 11,11€ttitt';,HISI 'l,+tttitt 1)ciarfrttcttl. Cort,1ztc•It('11,ir(' l'1:it,ttit,4`C01011 286 \ I l<'rm,l)ix. I)nivc_A,tpli:i. Fl.311O1- td. _:? 2.2Ii3r."; From: KullickValerie Sent: Tuesday, December 17, 2013 12:15 PM To: Brian Doyle; Charlette Roman; EbertDiane; HomiakKaren; RosenMike; Stan Chrzanowski; StrainMark; Thomas Eastman Cc: MoscaMichele; WeeksDavid Subject: Importance: High Tuesday, December 17, 2013 Good Afternoon CCPC Commissioners: Attached is a copy of the Staff Report and NIM information from Petition PL20120002382/CPSS-2013-1 that you will be hearing this Thursday, December 19. It has been brought to our attention that the NIM meeting notes portion may have inadvertently been omitted from the packet. Please check your packets and add the attached document if necessary. I apologize for the inconvenience. If you have any questions, please give me a call. Thank you, Valexie Coe-r CQt-tt�ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: December 19, 2013 RE: PETITION CPSS-2013-1/PL20120002382, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PUDZA- PL20120002357) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Cirrus Pointe Partners, LLC 516 Commerce Drive Apopka, FL 32703 Owners: Cirrus Pointe Partners, LLC 516 Commerce Drive Apopka, FL 32703 I. GEOGRAPHIC LOCATION: The subject property, comprising +9.92 acres, is located within the Bayshore/Gateway Triangle Redevelopment Overlay at the northeast corner of the Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, located within the East Naples Planning Community. 1 Agenda Item 9B if• 44. . . _ • .. . 4 r � � . - � . , ~ ._-mot. �. h . aIP c . — ' 1 -4" A S m .„14 't*-'_ ,.00.0` 1 ..� , ( - 1 , N# r r* '01:ill i f :;t'''''''-. l'' : ' ' ; ' '' .'Cg-,"'Z',.. '. .-1;•''';'...'''''Cr • N.1,,,t. - ' ... . ' ,, ' 411614 l' ''' - .4 - ' .0%- s : ' —4” ,.,-.1'.:: t!''' 414.001014 Hilk- ''' . ''-: t ' E - - ,, , . � -..� - '",lain k '; j- >i' `4 ,,; ,i.IP aka i eiiiii,` . . M r► ALK-i}t -'\.Ail II. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text, Future Land Use Map and Future Land Use Map Series by: 1. Establishing the Bayshore/Thomasson Drive Subdistrict on 9.92± acres within the Urban designation (Urban — Mixed Use District) and within the Bayshore/Gateway Triangle Redevelopment Overlay, and providing for the proposed residential density and certain development standards; 2, Amending Policy 1.1 to add the Bayshore/Thomasson Drive Subdistrict; and 3. Revising the Future Land Use Map to depict the new Subdistrict and creating a new Subdistrict Map as part of the Future Land Use Map Series. The proposed amended Subdistrict text is as follows: (Single underline text is added — as proposed by the petitioner. Staff's recommended modifications to the text can be found at the end of this Staff Report and within the Ordinance Exhibit A.) I. URBAN DESIGNATION A. URBAN MIXED USE DISTRICT 17. Bayshore/Thomasson Drive Subdistrict [new text, page 46] 2 This Subdistrict is applicable to the property located within the Bayshore/Gateway Triangle Redevelopment Overlay in the northeast quadrant of the intersection of Bayshore Drive and Thomasson Drive, and comprised approximately 9.92+/- acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate multi-family dwelling units on this infill property. Development in this Subdistrict shall be approved through the PUD rezoning process. Buildings shall be limited to a maxim_ um of 3-stories of living area over a single level of parking. Based on the density provisions in the Bayshore/Gateway Triangle Redevelopment Overlay, the project would qualify for 29 base dwelling units. The developer shall be permitted to utilize 79 dwelling units from the pool of dwelling units established in the Bayshore/Gateway Triangle Redevelopment Overlay in order to achieve the maximum 108 dwelling units within this Subdistrict. II. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to establish the Bayshore/Thomasson Subdistrict on 9.92+ acres to allow up to 108 market rate, residential multi-family units through the use of 79 dwelling units from the existing density pool provided for within the Bayshore/Gateway Triangle Redevelopment Overlay and 29 base density units. III. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject 9.92± acres is undeveloped; zoned RPUD-BMUD-R2, Cirrus Pointe Residential Planned Unit Development — Bayshore Mixed Use District — Residential 2 Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. Surrounding Land Uses: North: Residential multi-family residences (Abaco Bay Condominium); zoned PUD, Pinebrook Lakes Planned Unit Development; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. South: Across Thomasson Drive, Del's Convenience Store; zoned C-5-BMUD-NC, Heavy Commercial District, Bayshore Mixed Use District — Neighborhood Center Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area; and, residential multi-family units, zoned RMF-6-BMUD- R2, Residential Multi-family (6 units/acre), Bayshore Mixed Use District, Residential 2 Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. West: Across Bayshore Drive, undeveloped acreage; zoned C-3-BMUD-NC, Commercial Intermediate District, Bayshore Mixed Use District — Neighborhood Center Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. 3 East: Across a utility easement, residential single-family units; zoned RMF-6-BMUD-R2, Residential Multi-family (6 units/acre), Bayshore Mixed Use District, Residential 2 Subdistrict; and, designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict, within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area. IV. BACKGROUND AND ANALYSIS: 1) Background: Development within the Coastal High Hazard Area (CHHA): • Generally, Policy 12.2.5 of the Conservation and Coastal Management Element defines the Coastal High Hazard Area as the geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study. (Refer to the attached Ordinance Exhibit A Future Land Use Map for the general boundary.) • Policy 12.1.2 of the Conservation and Coastal Management Element provides that land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. • Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. The subject petition encompasses property within the CHHA, results in a redistribution of previously authorized density within the Bayshore/Gateway Triangle Redevelopment Overlay, and proposes development allowed by the Future Land Use Element. Residential density permitted within the Urban Coastal Fringe Subdistrict: • Residential density is permitted at a base density of 4 dwelling units per acre (DU/A). However, properties within this Subdistrict are also within the Coastal High Hazard Area thus are subject to a reduction of 1 DU/A pursuant to the Density Rating System of the Future Land Use Element (FLUE); this results in an adjusted base density of 3 DU/A. Through the Affordable Housing Density Bonus (AHDB), up to an additional 8 DU/A could be achieved for a maximum of 11 DU/A. The subject property was initially rezoned by Ordinance No. 05-63 to the Cirrus Pointe RPUD, using the Affordable Housing Density Bonus (AHDB) provision, to allow a maximum density of 10.89 DU/A for a total of 108 dwelling units (78 units via the AHDB of which 32 dwelling units are affordable). Subsequently, the AHDB Agreement was amended by Ordinance No. 08-38 to increase the affordable units from 32 to 44 dwelling units while maintaining the same dwelling unit totals of 108 and 78. Bayshore/Gateway Triangle Redevelopment Overlay: • The Bayshore/Gateway Triangle Redevelopment Overlay of the FLUE was established in 2000 (Ordinance No.2000-87) to implement the Bayshore/Gateway Triangle Community Redevelopment Area Plan, a guide for the physical and economic revitalization and enhancement of the community. 4 • The creation of the Overlay provided for 388 residential density bonus units from the rezoning of the Botanical Gardens property. These bonus units could be reallocated throughout the Overlay to increase density as an incentive for the development of mixed use projects that met certain criteria. • Relevant to this petition, the Overlay was amended in 2013 (Ordinance No. 13-42) to also allow utilization of the density bonus pool for residential-only projects that: (1) have a maximum density of 8 DU/A; (2) utilize no more than 97 density bonus pool units; (3) are rezoned to PUD; (4) are a minimum of 3 acres; (5) constitute redevelopment of the site; and, (6) consist of market rate units only. The proposed Subdistrict is for property located within the Bayshore/Gateway Triangle Redevelopment Overlay, and allows a residential-only project that meets the above stated criteria except: the maximum density exceeds 8 DU/A and this is not a redevelopment site. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report and provided the following comments: • The environmental information provided for this amendment was the same as provided with the original PUD and is typically more detailed than required for a GMP amendment. No listed species have been documented on the project site and given the location of the site, not likely to occur on the property. The Florida Fish and Wildlife Conservation Commission on-line bald eagle nest locator was checked by staff and no bald eagle nests or nest protection zones are located on the subject property. Native vegetation for retention for the site has been previously identified on the PUD master plan. • The proposed GMP amendment will have no effect on the requirements of the Conservation and Coastal Management Element (CCME), including that of retention of native vegetation. Historical and Archeological Impacts: • The subject property is not located in an area of historical and archaeological probabability, as shown on the County's Historical/Archaeological Probability maps. A letter received on February 27, 2013 from the Florida Master Site File, indicates no previously recorded cultural resources on the project site. The project will be subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). 3) Public Facilities Impacts: • Transportation: The subject project proposes no greater intensity than what is currently allowed by the Growth Management Plan. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period, and the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan without mitigation. • Water: The subject project will be served by the City of Naples potable water service area. The anticipated demand for potable water for the project is 82,620 gallons per day. The City of Naples does not object to the proposed GMPA. 5 • Wastewater: The subject project will be served by the Collier County Sewer District. The anticipated demand for wastewater for the project is estimated at 23,868 gallons per day. • Solid Waste: The service provider is Collier County Solid Waste Management. The 2012 AUIR identifies that the County has sufficient landfill capacity up to the year 2065 for the required lined cell capacity. The project construction time line is approximately 24 to 36 months. • Drainage: Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. • Park and Recreational Facilities: There will be no adverse impacts to park facilities from the proposed development. • Schools: There will be no adverse impacts to public school facilities from the proposed development. • EMS and Fire: The subject project is located within the East Naples Fire District. The nearest fire station and EMS services are located approximately one-half mile from the project site. The establishment of the Subdistrict with the proposed residential multi- family units is anticipated to have minimal impacts on these safety services. 4) Justification and Compatibility: • Justification: The applicant's justification is that this is an infill project, adequate infrastructure is available, the project is within walking distance to area amenities and services, and, the requested density is necessary for financial feasibility. This petition has the support of the CRA staff and Advisory Board. However, the proposed Subdistrict is not consistent with the amendments to the Bayshore/Gateway Triangle Redevelopment Overlay adopted by the Board of County Commissioners earlier this year — it exceeds the maximum density of 8 DU/A and is not a redevelopment project. • Compatibility: To the east is single-family development, within the BMUD-R2 zoning overlay with a height limitation of 35 feet; one-story structures are immediately to the east and further to the east, across the local street, is a mixture of one and two-story structures. To the south, across Thomasson Drive, is a one-story convenience store within the BMUD-NC zoning overlay with a height limitation of 56 feet; and, a mixture of undeveloped lots and one-story single family development, within the BMUD-R2 zoning overlay. To the west, across Bayshore Drive, is undeveloped land within the BMUD-NC zoning overlay. To the north is a two-story multi-family development, zoned PUD (Pinebrook Lakes) with an allowed height of three stories. The proposed Subdistrict provides for three-stories over parking; for all surrounding lands, the Future Land Use designation is silent to height limits. Though the proposed Subdistrict allows higher profile structures than are allowed on surrounding properties, Comprehensive Planning staff defers to Zoning staff for compatibility analysis as part of the rezoning process when the entire project is evaluated (building heights, setbacks, buffering, building mass, building orientation, etc.). VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: Refer to the NIM document immediately following this Staff Report. 6 L VII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns. • There are no adverse environmental impacts as a result of this petition. • The petition would allow for a project of the same density as is presently approved on the site; however, the project would shift from affordable housing to market rate housing and the density above the base density would be achieved from the density bonus pool within the Overlay. • There are 388 density bonus pool units provided within the Overlay; all but approximately 10 remain available. These units are available for reallocation as an incentive for qualifying redevelopment projects. The proposed project would reduce the density bonus pool by 79 units to about 300 units. • The Affordable Housing Advisory Committee heard the applicant's presentation on this project at their August 19, 2013 meeting, but took no formal action. • The Community Redevelopment Agency (Bayshore/Gateway Triangle) Advisory Board heard the applicant's presentation on this project at their June 4, 2013 meeting and voted 6-1 to support the project. • The Interim Executive Director of the CRA (Bayshore/Gateway Triangle) provided an email to Comprehensive Planning staff, dated September 12, 2013, in support of the petition. • The proposed Subdistrict meets the Overlay criteria approved by the Board of County Commissioners earlier this year, for a residential-only project, except that the project exceeds the maximum density of 8 DU/A and does not qualify as a redevelopment project. VIII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's office. — IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CPSS-2013-1 to the Board of County Commissioners with a recommendation not to approve for adoption and transmittal to the Florida Department of Economic Opportunity. This is based on the Board of County Commissioners action taken earlier this year in adopting the amendment to the Bayshore/Gateway Triangle Redevelopment Overlay that established a density bonus provision for residential-only projects. However, should the CCPC recommend approval, staff recommends the following revisions for the purpose of clarity and proper format. Words in single underline are added – as proposed by the petitioner; words in double underline are added and words in double str=ike414patigh are deleted – as proposed by staff. 17. Bayshore/Thomasson Drive Subdistrict [new text, page 46] This Subdistrict is located within the Bayshore/Gateway Triangle Redevelopment Overlay ii4 at the northeast quadfant corner of the ifit4ar=&&rAiail=ef Bayshore Drive/ and Thomasson Drive intersection, and comprises approximately 9.92 acres. The intent of this Subdistrict is to provide for the development of up to 108 market rate, multi-family dwellinq units Development in this Subdistrict shall be consistent with •ara•ra•h 5 of the Ba shore/Gatewa Triangle Redevelopment Overlay, except this undeveloped site does not constitute redevelopment and the maximum density allowed shall be 10.9 dwelling units per acre for a maximum of 108 dwelling units (achieved through the utilization of 79 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 29 base dwelling units for which the site qualifies). Buildings shall be limited to a maximum of 3-stories of living area over a single level of parking. 7 Prepared By: Date: /7 - Z - 3 R. M a, AICP, Principal Planner Comprehe we Planning Section, Planning and Zoning Department Reviewed By: ) Date: I - 2 - t3 David Weeks,AICP, Growth Management Plan Manager Comprehensive Planning Section, Planning and Zoning Department Reviewed By: z Date: Michael Bosi, AICP, Director Planning and Zoning Department Approved By: � � ■-pinin Date: Nick Casalan: id- : :ministrator Growth Management Division Petition Number: CPSS-2013-1 Staff Report for December 19, 2013 CPCC meeting NOTE: This petition has been scheduled for the February 11, 2014 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN 8