HEX Final Decision 2013-03 HEX NO. 2013-03
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20130001715 — Lynx Zuckerman at Hamilton Greens LLC is
requesting an insubstantial change to the Hamilton Greens Residential Planned Unit
Development (RPUD), Ordinance No. 07-27, to allow construction of 48 single family
dwelling units as an alternate housing type pursuant to Section 1.6B of the PUD Document
or the currently allowed 88 multi-family dwelling units; to provide development
regulations for single family dwelling units; to provide for modification of the water
management basins; to remove the one acre devoted to active recreation uses; to relocate
the project's external access point on Livingston Road; to make the clubhouse an optional
facility; and to remove the affordable housing commitment. The subject property is
located on the east side of Livingston Road, north of Vanderbilt Beach Road in Section 31,
Township 48 South, Range 26 East, Collier County, Florida consisting of 29.68±Acres.
DATE OF HEARING: December 12, 2013
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant, and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is
approved.
ANALYSIS:
Paragraph 1.6 B of the existing PUD provided for the introduction of additional housing types as
follows: "...The developer reserves the right under this development order to modify any of
the design criteria established, and to add housing types, subject to approval of a Master Plan
modification, pursuant to applicable provisions of the Land Development Code (LDC)."
The applicant demonstrated through a traffic impact analysis that the new product requested does
not increase traffic generated from the project by limiting the new product, which is single
family dwellings, to 48 units. With the new product additional development standards were
submitted and are found consistent with the requirements for planned unit development.
Other minor changes included:
1. Alignment of the entry road further to the south in a location acceptable to the
Transportation Department.
2. Removal of the voluntary affordable housing contribution(section 10.02.13.E.3.c, LDC)
3. Updated ownership information
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4. Provided for a clubhouse facility only if multi-family is built
5. Corrected references to exhibits and appendices
6. Modified acreage calculations to accommodate new product
7. Clarified landscape buffer type and wall locations
8. Modified water management system to accommodate changes
9. Clarified setbacks for General Permitted Uses
10. Added PUD monitoring language
11. Provided for water main connections to adjoining property
12. Removed language specific to previous entrance location
13. Modified Master Plan to reflect new use and changes
Pursuant to LDC section 10.02.13.E.1.a-k: There are no changes requested to the existing PUD
boundaries; dwelling unit density has not increased nor are any height increases requested; there
are no decreases in preservation, recreation or open space exceeding five percent or five acres;
there are no increases in the size of non-residential uses; there is no substantial increase in
impacts; there are no increased traffic impacts or storm water impacts; the project is compatible
with surrounding development and the proposed use and changes are consistent with the future
land use map and growth management plan.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20130001715, filed by Robert
J. Mulhere of Hole Montes, Inc. representing Lynx Zuckerman at Hamilton Greens, LLC, with
respect to the property as described in the Hamilton Greens RPUD, Ordinance No. 07-27, for the
insubstantial changes described in the Hamilton Greens RPUD amendment and Master Plan
attached as Exhibit"A", and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Amendment and Master Plan
Exhibit B—email from Mike Bosi dated September 26, 2013
LEGAL DESCRIPTION: See Section 1.2 of the RPUD Amendment attached as Exhibit"A".
CONDITIONS:
Overall project shall be developed with either the single family product or multi-family product
but shall not be mixed.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
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RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
\L
Date Mar Strain, Hearing xaminer
Approved as to form and legality:
ab
Heidi Ashton-Cicko
Managing Assistant County Attorney
13-CPS-01257/35
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HAMILTON GREENS
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON
GREENS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
LIVINGSTON GREENS, LLC
PREPARED BY:
HOUSTON CUOZZO GROUP, INC.
2400 SE FEDERAL HIGHWAY
SUITE 310
STUART, FLORIDA 34994
MR. GEORGE L. VARNADOE, ESQ.
CHEFFY PASSIDOMO WILSON & JOHNSON, LLP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
REVISED BY:
ROBERT J. MUL,HERE, FAICP
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
DATE REVIEWED BY CCPC January 18,2007
DATED APPROVED BY BCC February 20, 2007
ORDINANCE NUMBER 07-27
AMENDMENTS AND REPEAL
EXHIBIT A
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TABLE OF CONTENTS
Page
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE 4
SECTION ONE PROPERTY OWNERSHIP &DESCRIPTION 5
SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS 9
SECTION THREE RESIDENTIAL DEVELOPMENT AREA 15
SECTION FOUR CONSERVATION/PRESERVE AREA 21
SECTION FIVE DEVELOPMENT COMMITMENTS 22
SECTION SIX RPUD REGULATION DEVIATIONS 27
SECTION SEVEN APPENDIX
EXHIBIT A PUD MASTER PLAN 28
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EXHIBITS Page
EXHIBIT I BOUNDARY SURVEY
EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP
EXHIBIT 3 LOCATION MAP
EXHIBIT RPUD MASTER PLAN
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STATEMENT OF COMPLIANCE
The development of approximately 29.68 acres of property in Collier County, as a Residential
Planned Unit Development to be known as HAMILTON GREENS RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan (GMP).
HAMILTON GREENS RPUD is a residential project, with associated recreational uses that will
be consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives of each of the elements of the GMP for the following
reasons:
1. The subject property is within the Urban Residential Land Use Designation as identified
on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the
Future Land Use Element (FLUE).
2. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as required in Objective 2 of
the FLUE.
3. The project development will result in an efficient and economical extension of
community facilities and services as required in Policy 3.1.G of the FLUE.
4. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP.
5. A complete range of services and utilities as approved by the County will serve the
project.
6. The Residential Planned Unit Development includes open spaces and natural features,
which are preserved from future development in order to enhance their natural functions
and to serve as project amenities, which furthers the objectives of Policy 3.1.b of the
FLUE.
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SECTION ONE
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 HAMILTON GREENS RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 29.68 acres is described as:
Legal Description of Survey as Furnished to Surveyor
The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31,
Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30'
and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or
less, and
The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest
quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier
County, Florida, containing 2.30 acres,more or less, and
The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the
Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range
26 East, Collier County, Florida,containing 1.29 acres, more or less, and
The North 30' of the West 3/a of the North 1/2 of the South '/2 of the Northwest quarter of
the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County,
Florida, containing 0.66 acres,more or less, and
The West '/2 of the North 1/2 of the South '/2 of the Northwest Quarter of the Northwest
quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less
the North 30', less the West 30', reserved for public right-of-way, containing 4.40 acres,
more or less, and
The East one-half(1/2) of the East one-half(1/2) of the North one-half(1/2) of the South
one-half(1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4)
of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing
2.54 acres,more or less, and
The South 'h of the South 1/2 of the Northwest quarter of the Northwest quarter of Section
31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres,
more or less.
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Legal Description of Survey As Re-Written For Brevity
The Northwest 1/4 of the Northwest 1/4 of the Northwest '/a of Section 31, Township 48
South, Range 26 East, Less The West 30 feet thereof, and
The Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section
31,Township 48 South , Range 26 East, and
The North 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northwest '/a of Section 31
Township 48 South, Range 26 East, Less The West 30' thereof, and
The Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section
31, Township 48 South,Range 26 East
The South %2 of the South '/2 of the Northwest quarter of the Northwest Quarter of Section
31, Township 48 South, Range 26 East, all being in and a part of Collier County,
Florida and containing 29.68 acres more or less.
«,
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
222 South U.S. Highway One, Suite 209
Tequcsta, Florida 33461
Lynx Zuckerman at Hamilton Greens, LLC
6131 Lyons Road, Suite 200
Coconut Creek, Florida 33073
See Exhibit"B"; Affidavit of Unified Ownership (Sec Section 7: Appendix,page 7 2).
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject parcel is located in northern Collier County on the east side of
Livingston Road, approximately one mile south of Immokalee Road. (4800 feet
north of the Livingston Road/Vanderbilt Beach Road intersection.) Vehicular
access from Livingston Road to the west acts as the entrance into the community,
while the parcel is bordered to the north and south by undeveloped lands
consisting primarily of wetland preserves; and bordered to the east by Wilshire
Lakes (a PUD community in Collier County). The project site is located in the
West 1/2 of Section 31, Township 48 South, Range 26 East. See Exhibit "C":
Location Map (Sec Section 7: Appendix, page 7 3),
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B. The zoning classification of the subject property prior to the date of this
approved RPUD Document was A: Agriculture.
1.5 PHYSICAL DESCRIPTION
The project will may be divided into two separate water management basins. Between
the basins is an existing flow-way that conveys stormwater from the lands north of the
HAMILTON GREENS RPUD including the North Naples Regional Park. The proposed
improvement to the HAMILTON GREENS RPUD will not encroach into the flow-way.
The two basins will discharge into the existing flow-way that travels northeast to
southwest through Wilshire Pines (a community within Wilshire Lakes) and the
HAMILTON GREENS RPUD. The discharge into the flow-way will have 1-ittle no
adverse effect on the drainage patterns and water levels in the surrounding areas. This
flow-way handles accepts stormwater from the areas north of Wilshire Pines and
stormwater discharged from the North Naples Regional Park. The project also maintains
existing flow conditions in the northwest by preserving the hydric pine flatwoods located
in the northwest corner of the site. This preserve is located outside the water
management area allowing the natural flow of stormwater traveling from north of
Livingston Lakes through the on-site preserves of North Naples Regional Park from
being disrupted. Stormwater from these areas will cross Livingston Road and enter the
surface water management system for Tiburon development. The eventual outfall is the
Cocohatchee Canal.
The site is bordered by a conservation easement to the north, a second conservation
easement area and single-family homes to the east, a third conservation area to the
south, and Livingston Road to the west. The vegetative communities on-site consist of
upland pine flatwoods, wetland pine flatwoods, cypress wetlands, and existing cleared
areas. Varying degrees of exotic infestation are present within the native habitats on the
property. The proposed project has been designed to preserve the majority of the
wetlands on-site forming a connection between the existing off-site conservation areas
to the northeast and south.
1.6 PROJECT DESCRIPTION
A. Purpose and Intent
The design guidelines for the HAMILTON GREENS RPUD have been
established to ensure an overall quality of design throughout the planned
community, with the flexibility to achieve an appropriate and harmonious variety
in physical development.
These design guidelines set forth the minimum standards to be utilized for the
planning and design of the individual development parcels and are intended to
supplement the existing development regulations of Collier County, Florida and
other regulatory authorities.
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B. Implementation
All land included in the residential tracts of the HAMILTON GREENS RPUD
shall be subject to a Declaration of Restrictions and Covenants, which shall
provide, among other things, formation of a single master property owners'
association and automatic membership in the der association by any party
holding title to any portion of the property.
Build-out of the HAMILTON GREENS RPUD Master Plan is expected
to require approximately five (5) seven (7) years to complete. The developer
reserves the right under this development order to modify any of the design
criteria established, and to add housing types, subject to approval of a Master Plan
modification, pursuant to applicable provisions of the Land Development Code
(LDC).
The HAMILTON GREENS RPUD community is envisioned as a compact,
compatible residential community, comprised of 29.68 acres. Apprex-imately--1,0
aefe A portion of the community Y41,1 may be devoted to active recreation uses, as
well as various passive recreation uses, such as paths and elevated boardwalks, to
serve the residents of the community.
The following major elements of the project site are located within the proposed
Master Plan:
• Significant contiguous areas of wetlands and upland vegetation.
• The creation and utilization of surface water lakes for stormwater retention.
• The main entrance to the community is from Livingston Road, a publicly
dedicated right-of-way.
Additionally, the site contains approximately 13.65 15.44 acres of wetland
preserves, 1.79 acres of upland preserves,and 1.97 1.50 acres of lakes.
C. Density
The number of proposed homes is eighty-eight (88) multi-family residential units
for a total gross density of 2.96 units per acre (du/ac), or alternatively up to 48
single family units may be developed within the RPUD as an alternative housing
type per Section 1.6B of the RPUD Document.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "HAMILTON GREENS
RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE."
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SECTION TWO
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 HAMILTON GREENS RPUD shall be in
accordance with the contents of this RPUD Ordinance and applicable sections and
parts of the LDC (to the extent they are not inconsistent with this RPUD
Ordinance) and GMP in effect at the time of issuance of any development orders
to which said regulations relate which authorize the construction of
improvements, such as. but not limited to, final subdivision plat, final site
development plan (SDP), excavation permit and preliminary work authorization.
Where this RPUD Ordinance does not provide developmental standards, then
the provisions of the specific section of the LDC that is otherwise applicable
shall apply.
B. Unless otherwise defined herein or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Mastcr Plan, including layout of streets and use of land for the various
tracts, is illustrated graphically by Exhibit_D! "A", RPUD Master Development
Plan (Section 7: Appendix). There shall be seven (7) residential land use tracts,
plus necessary water management lakes, street rights-of-way, and natural features,
the general configuration of which is also illustrated by Exhibit "D" "A". The
Master Plan is conceptual, and the location, size and configuration of the
recreational area, water management features, and development tracts shall be
determined at the time of final SDP and/or preliminary subdivision plat approval,
in accordance with the appropriate sections of the LDC.
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TABLE 1
PROJECT LAND USE/SITE DATA
Tract Type Units Acreage
Development Parcels Multi-Family or 88 9,0g 10.34 Acres
(R-1, R-2, SU1 Single-Family 48
. _ . . - •, • • • 9.08 Acres
Wetland-Preserves 13.65 Acre,
Upland Pre&ervea 1.79 Acres
Preserve 15.44 Acres
Lakes 1.97 1.50 Acres
Roads/ROW 3-1112.40 Acres
29.68 Total Acres
B. The Aareas illustrated as lakes by Exhibit 4:122 "A" shall be constructed as lakes,
or upon approval, parts thereof may be constructed as shallow, intermittent wet
and dry depressions for water retention purposes. Such areas, lakes and
intermittent wet and dry areas shall be in the same general configuration and
contain the same general acreage as shown as Exhibit ITY2. "A". Minor
modification to all tracts, lakes or other boundaries may be permitted at the time
of preliminary subdivision plat or SDP approval, subject to the provisions of the
LDC or as otherwise permitted by this RPUD Document.
C. In addition to the various areas and specific items shown in Exhibit"B""A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts, excluding preserve areas, as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of eighty-eight (88) residential multi-family units or alternatively, up to 48
single family units, may shall be constructed in the total project area. The gross project
area acreage devoted to residential purposes is 29.68 acres. The gross project density,
therefore,will be a maximum of 2.96 units per acre.
This RPUD Document and Master Plan provide for various housing structure types to be
built on residentially designated tracts, therefore all housing structures are required to
characterize the initial development of platted tract to be carried throughout the
development of that entire tract.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The provisions of the LDC, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said provision, prior to the issuance
of a building permit or other development order.
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B. 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 preliminary subdivision plat in
conformance with applicable provisions of the LDC, . . • .
C. Utility, road, public, private, easements shall be established as required during
the SDP and/or plat approval process.
D. Appropriate instruments shall be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including sales center (maximum number) shall be
permitted in conjunction with the promotion of the development subject to the following:
A. One "dry" structure Up to (31 model units} may be constructed following plat
approval, prior to recording of a plat, for the entire RPUD.
1 .. . . ". .. •. ,. . • _.
CB. Model homes, sales centers and other uses and structures related to the promotion
and sale of real estate such as, but not limited to, pavilions, viewing platforms,
gazebos, parking areas, tents, and signs, shall be permitted principal uses
throughout the HAMILTON GREENS RPUD subject to applicable requirements
of the LDC.
2.7 ASSOCIATION OF PROPERTY OWNERS' 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 space subject further to
the provisions of the LDC.
Common area maintenance will be provided by a master property owners' association to
be created by the developer. The property owners' association shall be responsible for the
operation, maintenance, and management of the surface water and stormwater
management systems, and preserves serving the HAMILTON GREENS RPUD, in
accordance with the provisions of this RPUD, together with any applicable permits from
the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and
South Florida Water Management District.
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2.8 LANDSCAPE BUFFERS, BERM,FENCES AND WALLS
A. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the HAMILTON GREENS RPUD boundary after subdivision plat or
SDP approval. All such areas shall be included in a landscape buffer easement on
final plats, or in a separate recorded instrument.
B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along
the east and north property lines (extending to the preserve tract boundary) within
the eastern most residential tract of this PUD, adjacent to Wilshire Lakes PUD.. e
This shall be installed prior to commencement of vertical construction adjacent to
Lake 2 Wilshire Lakes PUD identified on the RPUD Master Plan.
2.9 DESIGN GUIDELINES AND STANDARDS
The HAMILTON GREENS RPUD is planned as a private, functionally interrelated
community under unified control, to be developed over an extended time period. The
developer will establish community-wide design guidelines and standards to ensure a
high and consistent level of quality for community features and facilities which include
items such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems,
bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berets and
other similar facilities.
The developer will achieve the above objectives by means of recorded covenants,
conditions, and restrictions.
2.10 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the HAMILTON
GREENS RPUD except in the Preserve. General permitted uses tie those uses, which
generally serve the developer and residents of the HAMILTON GREENS RPUD and are
typically part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the LDC effective at the time of
RPUD approval.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Neighborhood parks, recreational facilities and community centers.
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6. Landscape features such as landscape buffers, berms, fences and walls
subject to the standards set forth in Section 2.9 of this RPUD or pertinent
sections of the LDC.
7. Temporary fill storage.
8. Benches, gazebos, and open space uses.
9. Recreational facilities that serve as an integral part of the residential
development and have been designated, reviewed and approved on a SDP
or preliminary subdivision plat for that development. Recreational
facilities may include, but are not limited to clubhouse, community
center building and tennis facilities,parks,playgrounds and playfields.
B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Fifteen feet
(15') except for guardhouses, gatehouses, care-takers units, and access
control structures, which shall have no required setback.
2. Setback from property lines for General Permitted Uses, excluding water
management lakes, facilities and structures, landscape features such as
buffers, berms, fences and walls, benches, gazebos, and temporary fill
storage, all of which shall be subject to setback requirements set forth in
the LDC - Twenty-five feet(25').
3. Minimum distance between principal structures, which are part of an
architecturally unified grouping- One half the building height.
2.11 OPEN SPACES REQUIREMENTS
The RPUD Master Plan identifies approximately 4--7-74 16.94 acres included in the
r and c.,peiOpen Space,Lakes and Preserve designations, as well as approximately
3.0 acres of open space cumulatively within the residential tracts. These areas satisfy
the open space requirements of the LDC.
2.12 SIDEWALKS/BIKEPATHS
A. Pursuant to the LDC, sidewalks/bike paths shall be permitted as follows:
1. An internal pedestrian walkway system shall be permitted within drainage
easements.
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2. Sidewalks may be located outside platted rights-of-way, when located
within a separate sidewalk easement or on a SDP.
3. Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment at the point of encroachment.
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SECTION THREE
RESIDENTIAL DEVELOPMENT AREA
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "D""A", the RPUD Master Plan, as "R" Residential. (See Section
7: Appendix)
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted in the entire RPUD is eighty-eight
(88) multi- family units, or alternatively up to 48 single family units. The property
contains a gross acreage of 29.68 acres and based on a density of less than four (4)
dwelling units per gross acre, the RPUD provides for a density of 2.96 units per acre for
multi-family development or 1.61 units per acre for single family. Distribution of the
dwelling units in the residential areas is not predetermined, and may occur as authorized
by the SDP approval process.
3.3 GENERAL DESCRIPTION
R-1, R-2, and SU designations on the Master Plan are designed to accommodate
multi-family or single-family residential dwelling units, compatible nonresidential uses,
a full range of recreational facilities, essential services, and customary accessory uses.
Final tract configuration and actual acreages of all development tracts shall be
provided at the time of SDP or preliminary subdivision plat approvals in accordance
with the LDC. Residential tracts shall be designed to accommodate internal roadways,
open spaces, parks and amenity areas, lakes and water management facilities, and other
similar uses found in residential areas.
3.4 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or part, for other than the following:
A. Principal Uses:
1. Multi-family dwellings.
2. Townhouses.
3. Garden apartments.
4. Care-taker units.
5. Additional housing types per 1.6B of the PUD, including single-family
dwellings.
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B. Accessory Uses:
1. Customary accessory uses and structures, including private garages.
2. Common recreation amenities. Such uses shall be visually and functionally
compatible with the adjacent residences which have the use of such
facilities.
3. Recreational facilities that serve as an integral part of the residential
development and have been designated, reviewed and approved on a SDP
or preliminary subdivision plat for that development. Recreational
facilities may include, but are not limited to clubhouse, community center
building and tennis facilities, parks,playgrounds and playfields.
4. Recreational facilities and amenities for use by residents of the residential
tracts.
3.5 DEVELOPMENT STANDARDS (See Tables 2 and 3)
A. General: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided for by this Document, or except as
authorized by the SDP or plat approval process. (See Tables 2 and 3:
Development Standards)
1. Tables 2 and 3 sets forth the development standards for land uses within
the "R"Residential District.
2. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein shall be in accordance with the LDC in
effect at the time of SDP or plat approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply to principal
structures.
3.6 SPECIAL USE (non-residential uses)
A. Gatehouse/Guardhouse/Access Control Structure/Care-take Unit:
1. Gatehouses/guardhouses may be located on any private roadway within
the HAMILTON GREENS RPUD. Individual communities or
subdivisions within the project may provide gated entrances to restrict
access to residents and their guests. Such gatehouses which may be
manned or secured by control devices such as card entry, shall be located
and designed to ensure safe and convenient traffic flow, and to provide
unimpeded access by emergency service vehicles.
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2. Details of the design of any gatehouse or guardhouse shall be submitted
with an application for SDP or plat approval for individual residential
tracts.
B. Recreation:
1. The HAMILTON GREENS RPUD Master Plan envisions a complete
living environment, providing a variety of recreational facilities and
amenities to meet the needs of its residents.
2. There will be a clubhouse facility centrally located within the community.-
if the conuuunity is developed as multi-family. There may be a clubhouse
facility if the community is developed as single family. The clubhouse will
be for the use of the residents of the entire residential community, offering
a pool, spa, fitness center and a community meeting room. The clubhouse
will be designed consistent with the architectural theme and quality of the
overall community.
3. As part of the clubhouse/pool facility, a maximum number of twelve (12)
cabanas are to be utilized by residents of the community. These cabanas
are not to exceed three hundred(300) square feet in size.
4. Development of the clubhouse, as well as all other common recreation
facilities, shall be subject to SDP approval by the County.
3.7 RESIDENTIAL AND SPECIAL USE SETBACKS
General Application for Setbacks: Setbacks are relative to a measurement between the
buildings and a lot line and/or perimeter boundary of a parcel of land upon which
buildings are to be constructed it shall have the following application:
I. Multi-family:
A. Front Yard: Front yard setbacks shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, setback is
measured from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, setback is measured
from the road easement or property line.
4. When principal buildings front upon a public or private right-of-way or
non-platted drive a minimum distance of ten (10) feet shall separate the
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principal building and any related parking facility. This shall not
prohibit the attachment of enclosed parking structures to the principal
residential structure,however when the parking structure faces the street,
a parking apron of at least twenty-three (23) feet shall separate the
enclosed parking space from the back of the sidewalk when on a public
or private right-of-way or non-platted drive.
B. Interior Yards (Not Adjacent any Right-of-Way or Other Private or Adjacent
Open Space Area)
1. The setback of principal structures from an interior lot/parcel/tract
boundary shall not be less than ten(10) feet.
TABLE 2
DEVELOPMENT STANDARDS
Minimum
Separation Max.
Yard Setbacks between Height
.. y R v A c 'v u
8 .. v aN x x g: E
� w co :c4 S 1
Use o.
Principal R1 )
a. 15 10 0.5 BH 0.5 SBH 10 40 50 1500 si
Structure R2 (z? 15 10 0.5 BH 0.5 SBH 10 70 75 1500 si
b Accessory 10 5 10 0.5 BH 10 10 15 15 n/a
Structure(3)
c Special SU 10 10 10 10 0.5 SBH 10 45 50 1500 si
Use(4)
Notes:
All distances are in feet unless otherwise noted.
"sf'indicates"square footage".
"BH"indicates"building height".
"SBH"indicates"sum of the building heights".
Setbacks are measured from lot lines,tract boundaries or public or private streets.
1. This setback shall not violate the required 20-foot lake maintenance
easement.
2. Front yards shall be measured as per Section 3.7 of this RPUD Document.
3. Accessory uses such as any authorized recreational amenity(i.e.pool decks,
spas,landscape features,cabanas,etc.)may be located within zero(0')feet
of a structure.
4. All setbacks for the guardhouse/gatehouse/caretaker unit shall be zero(0')
feet from any adjacent roadway or structure.
5. The building height will be measured and defined as per the LDC in effect
on the date of RPUD approval.
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II, Single-family: Table 3 below sets forth the development standards applicable to single
family development.
TABLE 3
SINGLE-FAMILY DEVELOPMENT STANDARDS
Principal Structures - Standard
Minimum Lot Area 5,500 SF per Unit
Minimum Lot Width 50 Feet
Minimum Floor Area I,200 SF
Minimum Front Yard 15 Feet'
Minimum Side Yard 5 Feet
Minimum Rear Yard 10 Feet
Minimum Preserve Setback 25 Feet
Minimum Distance Btw Structures 10 Feet
Maximum Building Height Zoned 30 Feet not to exceed two stories
Maximum Building Height Actual 35 Feet
Accessory Structures
Front SPS
Side SPS
Rear 5 Feet
Minimum Preserve Setback 10 Feet
Distance Btw Structures SPS
Maximum Height Zoned & Actual SPS
SPS = Same as Principal Structures
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or landscape buffer easements or between
structures.
Footnotes:
Front entry garages shall be set back a minimum of 23' measured from the adjacent sidewalk.
Where side entry garages are provided, the driveway shall be designed in such a manner that a
parked vehicle shall not conflict with the sidewalk: however, in no case shall the front setback
for the side entry garage be less than 10'. All other portions of the principal structure or edge of
pavement or back of curb where sidewalk is not present shall be set back a minimum of 15 feet.
Where a lot is located at the intersection of two streets, in which case, the front yard setback set
forth herein shall only apply to the street on which the entrance is located, and the other setback
adjacent to the ROW shall be a minimum of 10'
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3.8 PRIVATE ROADWAY STANDARDS
A. Private streets shall conform to the right-of-way width requirements of
Construction Standard Manual except->: -faklows for the following(note that these
standards are deviations under the LDC):
. . . . . • -- - - - . . t • - •
21. All local streets shall be required to have a minimum forty foot (40')
right-of-way and two ten foot(10') wide travel lanes.
32. Cul-de-sacs may exceed a length of one thousand feet(1,000').
43. Street intersections shall be provided with a minimum of a twenty (20')
foot radius (face of curb) for all internal project streets, and a fifty (50')
foot radius for intersections at the project entrance.
54. Tangents shall not be required between reverse curves on any project
streets.
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SECTION FOUR
CONSERVATION/PRESERVE AREA
4.1 PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat
such as wetlands in their natural state, as well as identify permitted uses and development
standards for areas within the HAMILTON GREENS RPUD designated on the Master
Plan as Preserve.
4.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full
range of conservation and limited water management uses and functions. The primary
purpose of the Preserve is to retain viable naturally functioning wetland and upland
systems, to allow for restoration and enhancement of impacted or degraded wetland
systems, and to provide an open space amenity for the enjoyment of the residents.
4.3 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following, subject to regional state and federal permits
when required. Any clearing for these uses will not impact the minimum required
vegetation:
A. Principal Uses:
1. Open spaces/nature preserves.
2. Passive recreational areas,boardwalks, and recreational shelters.
3. Biking,hiking,and pervious nature trails.
4. Water management structures.
: . • . . . . . - . - - ..
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SECTION FIVE
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2. GENERAL
All facilities shall be constructed in strict accordance with final SDPs, 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 LDC shall apply to this project even if the land within the RPUD is
not to be platted. The developer, its successor and assigns, shall be responsible for the
commitments outlined in this Document.
The developer, its successor or assignee, shall follow the Master Plan and the regulations
of the RPUD as adopted, and any other conditions or modifications as may be agreed to
in the rezoning of the property. In addition, any successor or assignee in title is bound by
commitments within this Document.
5.3. RPUD MASTER PLAN
A. Exhibit s—' "A", RPUD Master Plan (See Section 7: Appendix) illustrates
the proposed development and is conceptual in nature. Proposed 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 SDP application. Subject to the provisions of the LDC, 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. Initiation of construction on the HAMILTON GREENS RPUD project is
expected to occur in calendar year 2007 200g 2014. Construction is expected
to be concluded by no later than calendar year 2012 2020-2021. This RPUD
shall be subject to the sunset provisions of the LDC.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
the LDC.
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5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION
PRACTICE/REGULATIONS
A. The developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with the LDC.
B. Sidewalks shall be permitted on one (1) side of the roadway when adjacent to
preserve areas *'� ed •ce ar or single loaded residential roadways.
C. All local streets shall be required to have a minimum forty foot (40') right-of-way
and two ten foot(10')wide travel lanes.
D. Cul-dc-sacs may exceed a length of one thousand feet(1,000').
E. Fence or wall maximum height: Eight feet (8'), as measured from the finished
grade of the ground at the base of the fence or wall.
5.6
... .
.. • •
for the unit receiving the CO. The payment of this col . . . . •• - - -
PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for 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 Lynx Zuckerman at Hamilton Greens, 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.
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5.7 LANDSCAPING
The developer shall provide a Type "B" landscape buffer, as provided in Section
4.06.02C.2, with landscaping planted on both sides of an eight (8) foot wall, along the
east and north property lines within the eastern most residential tract of this PUD,
adjacent to the Wilshire Lakes PUD to be installed prior to commencement of vertical
construction adjacent to Luke 2 Wilshire Lakes PUD identified on the RPUD Master
Plan. This landscaping will be similar in aature to the landscaping (as installed)
Note the 8-foot wall height is a deviation from the LDC which limits wall
height to 6 feet.
5.8 DECORATIVE PAVING
The developer shall may provide decorative paving on both ends of the roadway
extending to the easternmost portion of the site. This decoration paving material shall act
as a traffic calming device.
5.9 TRANSPORTATION
The development of this RPUD Master Plan shall be subject to and governed by the
following conditions:
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control Devices
(MUTCD), current edition. All other improvements shall be consistent with and
as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall he in place prior to the issuance of the first Certificate of Occupancy(CO).
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 Master Plan shall vest any right of access at any specific point along any
property frontage. All such access issues shall be approved or denied during the
review of required subsequent site plan or final plat submissions. All such access
shall be consistent with the Collier County Access Management Policy (Res. No.
01-247), as it may be amended from time to time, and with the Collier County
Long-Range Transportation Plan.
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 CO.
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E. Road impact fees shall be paid in accordance with the transportation section of the
County's consolidated impact fee ordinance and the LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy(Res. No. 01-247), as it may be amended, and
the LDC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
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 the County by the developer,
its successor in title, or assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and Collier Country shall have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of an existing County
right-of-way or casement, 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 Collier County, 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 and shall be paid to Collier County before the issuance of
the first CO.
5.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except that temporary sales buildings, trailers,
marketing facilities, contractors' storage and office facilities and the like, may be erected
and utilized during the period of project development and marketing. Such temporary
buildings shall be removed upon completion of the marketing or construction activity
which they are accessory to.
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5.11 POLLING PLACES
In the event a common clubhouse or similar common recreation facility is constructed
within a common area, Pursuant to the LDC and subject to a determination of necessity
by the Supervisor of Elections, provisions shall be made for the future use of such
building space withifi-eimitilen-atte s for the purposes of accommodating the function of
an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that
acquire ownership of such common areas including, but not limited to, condominium
associations, homeowners' associations, or tenants associations. This agreement shall
provide for the use of said community recreation/public building/public room or similar
common facility to be-used—for as a polling place if determined to be necessary by the
Supervisor of Elections.
5.12 WATER MAIN INTERCONNECTION
The Developer shall provide a water main to connect with the stub out from Wilshire
Lakes no later than the completion of the water infrastructure serving 50% of the units or
at a later date when approved by Collier County.
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SECTION SIX
RPUD REGULATION DEVIATIONS
A Deviation from 6.06.02.A.3 and 6.06.02.A.4 Side valk and Bike Lane Requirements.
• -
e;idewalk is designed for one (1) side of the local street instead of the required two (2)
sides. Thes . •. - • . . . ,
€ollows
- • ! -
the entrance drive from-the property line to the recreation parcel. At that point, a
to both sides of the local street-, throughout the remainder of the western portion
of the property. If a second sidewalk was required. a retaining wall along the
•. .. • . . .. .
- -
HAM1-LTON GREENS is a gated community, a single pedestrian controlled
Access towards Lake #2. The five foot (5')sidewalk is located along south side of
the access drive servicing the easternmost portion of the site (towards Lake #2).
The cross section local street is designed to minimize the overall environmental
• . • . - rvices twelve (12) proposed units, therefore the
sidewalk is required along the nerd+ side of the loe-al street in this area, the
adjacent preserve areas to the south, as well as the off site preacrve area to the
44A. Deviation from 6.06.01.J Street System Requirements. Within the HAMILTON
GREENS RPUD, the proposed cul-de-sac roadways extend beyond the maximum one
thousand (1000') feet in length. This is to service the easternmost portion of the site
(towards Lake #2) while minimizing the overall environmental impact of the
development. If the maximum length of the cul-de-sac is limited to one thousand(1,000')
feet, access to this portion of the site would be impossible.
GB. Deviation from 5.03.02.C.1 Fences and Walls. Within the HAMILTON GREENS RPUD,
the proposed wall height is a maximum of eight (8) feet along the eastern property line
(adjacent to Lake #2). This is the height of the wall described, presented and committed
to during the two (2) NIM meetings. The creation of this wall, along with the proposed
landscaping will minimize the impact on the adjacent land owners in Wilshire Lakes.
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EXHIBIT "A”
RPUD MASTER PLAN
10544 9*611 CYPRESS 334,66 PARIOTRY HAMILTON GREENS
B (239) NVFR6,FLORIDA ESS 35966 i4 a414
PHCNC:(]39)99-e{N raz;(239)93s-zsu a ,zno�:7: "
ENGINEERING E1ISURVEY G LICENSE a EH 6469 COLLIER COUNTY,FLORIDA
SURVEY 414(404 4.6 6694 C"�b"�"T
n hs/��1x4rC4 N4v4
rrn4e.m4NNS:Naaw c sso nfn DATE PROJECT DRAWING DESIGN DRAWN CHECKED SCALE SHEET
Proleuionnl E(gineen,Planners,&Land Surveyors 4 nn4/o'Zt 4Y:wars I"=250'
Serving The Slate Of Florida 44. 9e1, usarnw 12/10/2013 2911 RPUD DRU DRS DRU 01
Page 28 of 28
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13:\2013\2013029\WP\PDI\IIEX\Ilamilton Greens RPUD(PDI-PL-20130001715)(12-11-2013,Version 2).docx
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page7-5
Exhibit "B"
From: BosiMichael
Sent: Thursday, September 26, 2013 11:42 AM
To: DeselemKay; BellowsRay; Richard Yovanovich; Bob Mulhere
Cc: StoneScott; CasalanguidaNick; KlatzkowJeff; AshtonHeidi
Subject: RE:
Kay, Based upon 1.6.B. of the Hamilton Greens PUD which reads, "The developer reserves the right under
this development order to modify any design criteria established, and to add housing types,subject to
approval of a Master Plan modification, pursuant to applicable provisions of the Land development Code
(LDC)."It is my opinion that the application can qualify as a PDI.
Please let me know if you need any further clarification.
Thanks,
mike