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HEX Backup Documents 12/12/2013COLLIER COUNTY HEARING EXAMINER HEARING BACKUP DOCUMENTS DECEMBER 12, 2013 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON DECEMBER 12,2013, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N.HORSESHOE DRIVE,NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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 EVIDNENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESETATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES—November 14,2013 4. ADVERTISED PUBLIC HEARINGS A. 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. [Coordinator: Kay Deselem,AICP,Principal Planner] Teresa L. Cannon From: Deselem, Kay Sent: Wednesday, November 13, 2013 9:36 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: Hamilton Greens PUD, PDI- PL20130001715 Attachments: 2 X 3 map.pdf, HEX Notice of Public Hearing 11- 12- 13.doc Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239- 252 -2931 Fax: 239 - 252 -6357 kaydeseletnGcolliergov.net l5nder Florida Law, e -nsail addresses are public records. If you do not grant yoUr e -Mail address released in response to a public records request, do not send e'ectrowc avail to this enl:4, nstead_ contact this office by telephone or in writing. November 12, 2013 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, November 22, 20133 and furnish proof of publication to the attention of the Boards Minutes & Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 968749' on 63q'1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, December 12, 2013, in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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 1.611 of the PUD Document instead of 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 Drive in Section 31, Township 48 South, Range 26 East, Collier County, Florida consisting of 29.68± Acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida iJ mw C) O V) F- F ry Q Q J _ w(o Q V) wC Z w � Q ° LU U W Q F- NO C)? W m o� 2 .� N QF- O Z _ p z J J Z w O Q U CLU Z � W J o Ir O ° Q 2MN30 o Q CD CL z O V) / �, J Z Q iJ mw m Y Q J F- w � U) = w � Y D of O p J ►� O O .-. cn of w 2MN30 Ld " z NVAON04 �, J w z a NOliViS zo w m m O v o > 2J3JSd0 Y V) �- z w Q.. ZJ w Q = J LIVINGSTON ROAD oLi —' � 01 jcl) wQ _ HS2JVVI N`dOI-13d � Q U O� Z m tf) �- N U w<m Z w Y a- :2 0 � w Q 0:� a_ w w Y Q w Cn w F-- /� O O Z LLJ 0 w Y H m J w `� (iVMJ JNrvind-I2JOd2JI`d Martha S. Vergara From: Martha S. Vergara on behalf of Minutes and Records Sent: Wednesday, November 13, 2013 1:46 PM To: Ashton, Heidi Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Not a problem From: Ashton, Heidi Sent: Wednesday, November 13, 2013 1:34 PM To: Deselem, Kay; Minutes and Records Cc: Rodriguez, Wanda; Neet, Virginia Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Yes. It should be Vanderbilt Beach Road. Thanks for catching this. qe&* ,4dr n - 6ZA0 Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: DeselemKay Sent: Wednesday, November 13, 2013 12:48 PM To: 'Minutes and Records' Cc: RodriguezWanda; NeetVirginia; AshtonHeidi Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Yes. However the specific language came from the CAO. I am copying them to authorize the change. Thanks! Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax 239 -252 -6357 kayd lem@colliergov.net From: Martha S. Vergara [ma i Ito: Martha .Vergara @ colIierclerk.com] On Behalf Of Minutes and Records Sent: Wednesday, November 13, 2013 12:45 PM To: DeselemKay Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Importance: High Kay, Acct #076397 November 13, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PDI- PL20130001715, Hamilton Greens, LLC (Display Ad w /map) Dear Legals: Please advertise the above referenced notice on Friday, November 22, 2013 and kindly send the Affidavit of Publication, in triplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 November 12, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, November 22, 20131 and furnish proof of publication to the attention of the Boards Minutes & Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, December 12, 2013, in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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 1.611 of the PUD Document instead of 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida PUBLIC NOTICE PUBLIC N U'1'1C E P U BL1U N O'11UE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, December 12, 2013, in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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 1.66 of the PUD Document instead of 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150757 November 22. 2013 Martha S. Vergara From: Ashton, Heidi Sent: Thursday, November 14, 2013 12:44 PM To: Rodriguez, Wanda; Martha S. Vergara Cc: Rodriguez, Wanda; Neet, Virginia Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Yes, Per Kay's e -mail below, please change the words "instead of" to "or". Thank you very much! Sorry about late change. qCC4,4 -6&W Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail EastjIuite 800 Naples, FL 34112 (239) 252 -8400 From: RodriguezWanda Sent: Thursday, November 14, 2013 11:22 AM To: AshtonHeidi Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Heidi, can you please provide the requested confirmation to Martha? 11'an,cfa ! rOd riquez, _,`fit ".'P .'Ad;�van.cer Certifiecl.- ParaCetlal Office of the County Attorney (239) 252 -8400 From: Martha S. Vergara [ma i Ito: Martha.Vergara @ colIierclerk.com] On Behalf Of Minutes and Records Sent: Thursday, November 14, 2013 11:09 AM To: AshtonHeidi; NeetVirginia; RodriguezWanda Subject: FW: Hamilton Greens PUD, PDI- PL20130001715 Importance: High Hi Ladies, I received below in kay's e-mail a request for a change in the HEX ad. The title my e-mail in blue is what I sent to NDN yesterday after Heidi confirmed the Vanderbilt Beach Road. Please confirm the change that Kay is asking for. Thanks, Martha [11,, '1T1 1 M)l 1'l l- lit <2l)l 11Eltll lsst -ynx Zuckerman kit 11amilton C,reeiis [A is Mquesti g all insubstantial chaw1cfe to tilt llamilton Greens l c side tial Planned t;nit Development Ordinance nce o. 117-27� to a'llo �- co struc°ticni ol'48 singly tai ilk dwellin 1 awaits as an alternate housing type pursnant to Section 1.611 of the PUD ltocuinent Lnst and a r the currently 'allowed 88 multi-farnily dwelling remits; to provide develolornent regulation's for single family dwelling units; to provide for modification of the water rnaann eaa ent basins., to reniove the one acre devoted to active recreation tion eases; to relocate the project's e ler aal access point on l_,iviragston l .oaad, to make the claalahouse an optional ffaacility , and to remove the affordable housing; caannni anent. "Fhe subject property is located on the east side of fAvin stop l oaad, north of Vanderbilt f eaach 1 road in Section ii, Township 48 South5 11aange 26 l arst, Collier County, Florida consisting of ` 9,68± Acres. From: Deselem, Kay Sent: Thursday, November 14, 2013 10:51 AM To: Deselem, Kay; Minutes and Records Cc: Patricia L. Morgan; Ann P. Jennejohn; Wells, Laura Subject: RE: Hamilton Greens PUD, PDI- PL20130001715 Importance: High I received a revised title from the Asst. County Attorney. Can you make the replacement on these documents or do I need to resent them? Here is the revised title: 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 1.613 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. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 - 252 -2931 Fax: 239 -252 -6357 kaydeselem 0collierAo v. n e t From: DeselemKay Sent: Wednesday, November 13, 2013 9:36 AM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; Ann P. Jennejohn; NeetVirginia; RodriguezWanda; WellsLaura Subject: Hamilton Greens PUD, PDI- PL20130001715 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. << File: 2 X 3 map.pdf >> << File: HEX Notice of Public Hearing 11- 12- 13.doc >> 2 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicatio: State of Florida Counties of Collier and Lee Before the undersigned they serve as thf appeared Linda Sentz, who on oath say: Account Executive of the Naples Daily r newspaper published at Naples, in Col distributed in Collier and Lee counties c attached copy of the advertising, being , PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on November 22, 2013. Affiant further says that the said Nap published at Naples, in said Collier Co newspaper has heretofore been continu County, Florida; distributed in Collier each day and has been entered as secon, office in Naples, in said Collier County year next preceding the first publicatio advertisement; and affiant further says ' promised any person, firm or corporatic commission or refund for the purpose publication in the said newspaper. (Signature of affiant) Sworn to and su This27th day of of tore me ,,2013 lie) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, December 12, 2013, in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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 1.66 of the PUD Document instead of 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 29.681 Acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150757 November 22 2013 CAROL POaDO —R`q EX COMMISSION 4 EE 851758 EXPIRES: November28 8" v d mn, ajcharo , 2014 �� anc0 Agency OFFICE OF THE CO UNTY A TTORNE Y INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: December 13, 2013 RE: Hearing Examiner Decision(s) from December 12, 2013 hearing Attached is the signed HEX decision from the December 12, 2013 Hearing Examiner hearing. Attachment: HEX No. 2013 -03 05 -COA- 01253/744 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 1.611 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 1 of 3 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. La -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 ap rp oves 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. 2 of 3 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. t2- 12- 13 Date 13- CPS - 01257/35 3 of 3 Mar Strain, Hearing xaminer Approved as to form and legality: t�U, 4- CIO- H6idi Ashton -Cicko Managing Assistant County Attorney HAMILTON GREENS RPUD PDI LIST IDENTIFYING OWNER & ALL PARTIES OF CORPORATION REVISED OCTOBER 2013 LYNX ZUCKERMAN HOLDING COMPANY, LLC is the Managing Member for LYNX ZUCKERMAN AT HAMILTON GREENS, LLC Lynx Zuckerman Holding Company, LLC ownership is as follows: 50% by Zuckerman Brothers, Inc. 50% by Lynx Asset Services Zuckerman Brothers, Inc. is owned equally as follows: 1. Andrew Zuckerman 2. David Zuckerman 3. Steven Zuckerman Lynx Asset Services ownership is as follows: 1. Harrison investors, Michael and Carol McCarty 2. AVB Partners, Michael and Donna Alfieri 3. Lynx Investors, an investment fund with many members; Michael McCarty is President and Managing member INSTR 4851837 OR 4931 PG 2822 RECORDED 6/11/2013 3:07 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $14,000.00 CONS $2,000,000.00 UX IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA BRANCH BANKING AND TRUST Case No. 12- 03013 -CA COMPANY, a North Carolina banking corporation, successor -in- interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, Plaintiff, V. HAMILTON GREENS, LLC, a Florida limited liability comb Defendant. 1 t The undersigned Cllee of Sale in this action on / the Court certifi no objections to the sale have been 2013, and filed a Certificate described herein and that for filing objections. The following real property in Collier County, Florida, to wit: PARCEL 1: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET; LESS THE EAST 30 FEET; LESS THE SOUTH 30 FEET; AND LESS THE WEST 30 FEET THEREOF. PARCEL 2: THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET; AND LESS THE WEST 30 FEET THEREOF. OR 4931 PG 2823 PARCEL 3: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF. PARCEL 4: THE EAST 1/2 OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 5: i;R co THE NORTH 30 FEET , 4 OF THE NORTHWEST 1/4 OF THE NORTHWE OF SECTION 31, SHIP 48 SOUTH, RANGE 26 EAST, COLLIER �M , FLQRIDA.,,, PARCEL 6: THE NORTH 30 1/ NORTH 1/2 OF THE SOUTH 1/2 OF NORTHWEST 4 NORTHWEST 1/4 OF SECTION 31, TO P 48 SOUTH, ST, COLLIER COUNTY, FLORIDA. 0�- PARCEL 7: �. THE NORTH 30 FEET OF 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, COLLIER COUNTY, FLORIDA. PARCEL 8: THE SOUTH 30 FEET AND THE EAST 30 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 9: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. -2- OR 4931 PG 2824 together with all of the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property, was sold to LyYUX ZUGkCRmAn Fart" iuicipL S 131 L4 cn S R ocLd , 5u (+(-, a DOS C'0--On u+ Cm-- K I FL- 33 6-23 WITNESS my hand and official seal of this Court at Naples, Collier:.County, Florida, this . 1 day of June—_, 2013. :..�o,,rt!.... ,,;..: � oil � -:w..�.o,0000n0000��Gr,'ra�r • "" ' •.: -•. _... CLERK OR THL' CIRCUIT JR . LO or ~ Ya p t&r `1�11E CIS -3- * ** OR 4931 PG 2825 * ** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Certificate of Title has been furnished by U.S. Mail this icy '12ay of Jl' nC— , 2013, to parties listed below. DE UTY CLERK SERVICE LIST W. Glenn Jensen, Esquire (via U.S. Mail) - It RR ROETZEL & ANDRESS, LPA ✓ CNL Center II, 7th Floor 3 420 S. Orange Avenue (� %� Boca Orlando, FL 32801 _�Co (Counsel for Plaintiff) I �, 011 2- (1 ck &gm19 72556732 W. Shinder, Esq. (via U.S. Mail) P Shinder, P.A. Gardens Blvd., Ste. 109 -4- Greens, LLC) ver County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 INSUBSTANTIAL CHANGE TO A PUD, MASTER PLAN, OR MINOR TEXT CHANGE LDC subsection 10.02.13-E & Code of Laws section 2 -83 —2 -90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, insubstantial changes to a PUD zoning district may be made if they can be accomplished by amending the PUD Master Plan or can be considered a minor text change. Any change to the PUD Master Plan or text change must clearly be supported by the PUD document. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION r' Name of Applicant(s): Lynx Zuckerman at Hamilton Greens, LLC Coconut Creek Address: 6131 Lyons Road, Suite 200 City: State: FL ZIP: 33073 Telephone: 954- 481 -3700 Cell: N/A Fax: 954 - 481 -3444 E -Mail Address' andy@zuckermanhomes.com Name of Agent: Robert J. Mulhere, FAICP Firm' Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL ZIP: 34110 Telephone: 239- 254 -2000 Cell: N/A Fax: 239- 254 -2099 E -Mail Address' bobmulhere @hmeng.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? 0 Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 10/14/2013 Page 1 of 4 Co*e,-r caunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 x❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) See attached List Identifying Owner & All Parties of Corporation PROPERTY INFORMATION PUD NAME: Hamilton Greens RPUD ORDINANCE NUMBER: 07-27 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? [!] Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ®No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and /or ❑ DEVELOPED? Are any changes proposed for the area sold and /or developed? If yes, please describe on an attached separate sheet. ❑ Yes E] No 10/14/2013 Page 2 of 4 r� tf ie' r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collier og v.net (239) 252 -2400 FAX, (239) 252 -6358 SUBINiITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. incomoiete submittals will not be accented. REQUIREMENTS FOR REVIEW CODES REQUIREDIIEQii1REi Completed Application (download current form from County website) 14 ❑ ® ❑ Pre - Application Meeting noteSAlready submitted with PUDA 1 ❑ ❑X Project Narrative, including a detailed description of proposed changes and why amendment is necessary see Cotter Letter 14 ❑ ❑ ❑ Current Master Plan & 1 Reduced Copy 14 ❑ ® I ❑ Revised Master Plan & 1 Reduced Copy 14 ❑ El I Revised Text and anyexhibits See Revised RPUD 14 ❑ ® ❑ List identifying Owner & all parties of corporation 2 M ❑ Owner /Agent Affidavit signed & notarized 2 ® ❑ Completed Addressing Checklist 1 0 ❑ Copy of 8 %2 in. x 11 in. graphic location map of site See Master Plar 1 ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 0 E ❑ *If located in immokalee or seeking affordable housing, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE.REQUIREMENTS• Fees already submitted with PUDA Submittal on 9/23/2013 ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre - Application Meeting: $500.00 ❑ Fire Code Review: $100.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2_800 North Horseshoe Drive Naples, FL 34104 101Z3 i I I Applicant /Owner Signature Date Michael McCarty, Managing Member Applicant /Owner Name (please print) 10/14/2013 Page 3 of 4 fL er county COLLIER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 AFFIDAVIT We /,/Lynx Zuckerman at Hamilton Greens,LL %eing first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Robert J. Mulhere, FAICP our /my representative in any matters regarding this Petition. Signature of Property Owner Michael McCarty, Managing Member Typed or Printed Name of Owner Signature of Property Owner to act as Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this L3L6�_ day of 06OX-C , 2013 , by H:L)NQAe1 P CCC-.S(q who is personally known to me-or has produced as identification. State of #Uff" K ko County ofSlitk6Ylr�t r. Jo -ANN PERILLO Commission # 2418603 Notary Public, State of New Jersey My Marchsl 9, 201 j res (Signature of Notary Public —State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 10/14/2013 Page 4 of 4 10/22/2413 17:02 TEL 92542099 H t4 LAND UEVELOPt4ENT (Moo 1/008 CA er County �� YuAPYPVU�tPN S{}yq •t�'`y.UfVAf� `y1Y131L1�^I2i1\I/M COLIJER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGeRit NT DIVISIONJ NAPLES, FLOMDAt 34904 PLANNING AND REGULATION (238} 252 -2400 FAX (239) 252 -5724 W VVV.COLUr%RGOV.NET ADDRESSING CHEC \ \KL)ST Please complete the following and fax to the Operations Department at 239 - 252 -5724 oe sut)mit in person to they Ad( MASSing Departmom at the above address. Form must be Wined by Addressing nersonrie. 1 p& to Arv_ appl :atiQn maeUna_ ofease allow 3 days for 2rocossing, Not ,91E ilerns will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older tlgan 0 months will require additional review and ;approval by the Addressing Department_ PETITIQN TYP5 jIndic$rz type below, complete a separefe /Addressing Checklist 1br oach Petition type) BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ Bb (13Wit Doc% Extension) ❑ SDPA (SDP Amendment) ❑ CarrtivallCircus Permit r] SOPI (Instibstarival Change to SDP) ❑ GU (Conditional Ltse) Q SIP (site IMProvement Plan) ❑ E;xP (Excavation Permit) ❑ SIP[ (Insubstantial Change to SIP) 0 PIP (Finat plat ❑ SNR (Street Name Change) LLA (Lot Line Adjuntment) Q SNC (Street Name Change -• Unplwle d) ❑ FINC (Project Name Change) Q TDR (Transfer of Development Rights) Q PPL (Plans & Plat Review) Q VA (Vaftnoe) �-. ❑ K'SP (Prelirnin(iry,9vt,7divi*ion Plat) ❑ VRP (Vegetation Removal Permit) ( F''LJD Rezone 0 VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ( OTHER, PDI - InsubSMWID] change to PUD LEGAL DESCRIPTION of subject property or properties (copy ttf lengthy escrlptlon maybe attached) Section 31, Township 46S, Range 26E ��e LC`7�L171 -Cal FOLIO (Property ID) NUMSER(s) of above (attach to, or assoclate with, legal description if afore than ono) 00199720000, 00200300000, 00202600004. 00200760001, 002009600051662036g220S -� STREET ADRRr5SS car ADDRESS58 (as applicable, if alroady Assigned) 6 C30g236Z . LOCATION MAP mUSt be attaChed showing exact location of ptojectisite in relation to nearest public road right - of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PkOJECT NAME (ifopplicublo) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER fforoxistlnq prcJocWsrces only) SDP �-- or AR or PL PI 10/22/2013 '17:03 TCL 92542099 hl M LAND DEVELIOPMENT 2002/008 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DWISIONI PLANNING AND REGI)LATIQN 2804 NORTH HORSESHOE. DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WW4 ,CQLLIERGQV.Nr=T Projac:t ui development naEnes propos&d ror, or alraady appearing in, condominium dncum�:ntF (if application; indicate whather progo5ed or existing) Please Check One: APPLICANT NAME flu Chocklisi is to be Faxed back L�J Personally Picked Up HOLE MONTES, INCJBOB MULHER�, FAtCP /STEPHANIE KAROL PIHO NE 239 - 254 -2018 FAX 239 - 254 -2099 Signature on Addressing Checklist does not constitute Project and /or Street Name approval: and is subject to further review by the Operations Dapagrnent, 14OR STAFF USE ONLY FLN Nurrzbor (Primary) e0. i Folio Number Folio Number L© (�)O oo &)o FoRQ Number-002-0 096000 Approvod by: T P,iC /mot P� Date, — Updated by; Data: �F OLDER THAN 6 MONTHS, FORM BUST BE UPDATED OR NEW FORM SUBI f11TTED AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. of Applicant) ROBERT J. MULHERE FAICP (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 20th day of November, 2013 by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced_ 1A l(00--Q (Signature of Notary Public) S�e►�� Vt i Q �Oyot Printed Name of Notary as identification. H:\2013\2013029\WP\PDANUvf\Affidavitof Compliance - NIM 11- 20- 2013.doc (Notary Seal) STEPHANIE KAR0L W COMMISSION k EE 163504 EXPIRES: March 9, 2016 Banded nru Notary Public underwrhrs IRM HOLE MONTES ENGINEERS • PLANNERS • SURVEYORS 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 November 11, 2013 Re: Hamilton Greens RPUD PDI- PL20130001715 HM File No.: 2013.029 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP of Hole Montes, Inc., on behalf of the property owner has made a formal application to Collier County to amend the Hamilton Greens Residential Planned Unit Development (RPUD). The subject property is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida. The formal application seeks to amend the RPUD to provide for single - family development at maximum density of 48 units; relocate the external access point on Livingston Road; make minor revisions necessary to the PUD document to provide for single - family use and development standards; and to update nomenclature. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. The Neighborhood Information Meeting will be held on Tuesday, November 26, 2013 at 5:30p.m. at Collier County Public Library Headquarters, Sugden Theater Room *, 2385 Orange Blossom Drive, Naples, Florida 34109. Should you have questions prior to the meeting, please feel free to contact me. Very truly yours, HOLE MONTES, INC. Robert J. Mulhere, FAICP Director of Planning RJM/sek *Please note that the Collier County Public Library does not sponsor or endorse this program. H: \2013\2013029 \NkWDI\NrWroperty Owner Letter 11- 11- 2013.docx Naples • Fort Myers NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as appeared Karen Doll, who on oath saS Account Executive of the Naples Daily newspaper published at Naples, in C. distributed in Collier and Lee counties attached copy of the advertising, being PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 tiro �^ on November 20, 2013. Affiant further says that the said NaI published at Naples, in said Collier Co newspaper has heretofore been control County, Florida; distributed in Collier each day and has been entered as secoi office in Naples, in said Collier Count, year next preceding the first publicati( advertisement; and affiant further says promised any person, firm or corporate commission or refund for the purpose publication in the said newspaper. of affiant) Sw9Jn to and ub ribed before me Thif 20th da o ove ber, 2013 (Signature of notary public) NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP of Hole Montes, Inc. on behalf of the property owner at the following time "and location: Tuesday, November 26, 2013 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater Room_* 2385 Orange Blossom Drive, Naples, Florida 34109 subject roperty is located on the east side of Livingston Road, approximately if amIIe north of Vanderbilt Beach Road in Section 31, Township 48 South, Range East, Collier County, Florida. The property owner has made a formal application to Ilier County to. amend the Hamilton Greens Residential Planned Unit Development 'UD). The application seeks to amend the RPUD to provide for single - family relopment at maximum density of 48 units; relocate the external access point on ingston Road; make minor revisions necessary to the PUD document to provide for 616-family use and development standards; and to update nomenclature. ffl� t Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Kay Deselem, AICR Principal Planner Growth Management Division — Planning & Regulation Planning & Zoning Department 2800 N. Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252 -2931 kaydeselem@colliergov.net "Please note that the Collier County Public Library does not sponsor or endorse this program. EW CAROL POLIDORA MY cOMMI.SSION # EE 851758 EXPIRESNovemGer28,20t4 B,dedThruPtchardInsuranceAganry Aa3Ad-09-008-L wortiane•MMM AMS, HERMAN L RENE D ADAMS ABERLY R ADAMS D5 WILSHIRE PINES CIR APT 20 APLES, FL 34109 - -8768 IGELIO, JOY R 55 WILSHIRE PINES CIR APT 12 APLES, FL 34109 -8715 :DNAR, DREW )NSTANTINA NANAS BEDNAR SEYMOUR DR !CASTER, ON �NADA, L9G 4- - -0000 :RTHELIER, ARNAUD JEAN 75 WILSHIRE PINES CIR APT 10 \PLES, FL 34109- -8711 )RCHERDING, JANET J 55 WILSHIRE PINES CIR APT 12 kPLES,FL 34109 - -8715 JLLOCK, JEFFREY T=& AMANDA 10 WILSHIRE PINES CIR APT 10 %PLES, FL 34109 -- -8775 4STOR, ANNETTE MARIE 105 WILSHIRE PINES CIR APT 50 4PLES, FL 34109 -- -8705 r „LLdn -dod piogaj a! ja!gAipJ 4uawa6jey3 r 009LS ®AWAtl;!aege6 al zes!!! ;n ap sues 1 ap uge ajn43ey e! q za!!daa aa!ad @ sa!!�e} sa anb! AHEARN, JAMES J ALDEN, SHERRI LYN 6280 WILSHIRE PINES CIR # 901 6215 WILSHIRE PINES CIR APT 16 NAPLES, FL 34109- -8708 NAPLES, FL 34109 -- -8788 APPEZZATO EST, DOMINICK J ATTAVAR, AJIT 6285 WILSHIRE PINES CIR APT 70 6315 WILSHIRE PINES CIR APT 40 NAPLES, FL 34109 -- -8706 NAPLES, FL 34109 - -8704 BERGSTROM JR, HENRYA BERNSTEIN, EDWARD 6225 WILSHIRE PINES CIR APT 15 LENA REID BERNSTEIN NAPLES, FL 34109 -- -8725 884 S E 19TH AWENUE UNIT 1 DEERFIELD BEACH, FL 33441 -- -0000 BIELICK, CONNIE J BOLTA, JONATHAN C 6225 WILSHIRE PINES CIR APT 15 PO BOX 1285 NAPLES, FL 34109 -- -8725 S/J BAUTISTA, CA 95045 -- -1285 OLLIER CNTY 10 REAL PROPERTY MANAGEMENT 335 TAMIAMI TR E, STE 101 APLES, FL 34112 - -0000 OOMBES, KARL E OBBIN LEA PELFREY 205 WILSHIRE PINES CIR APT 20 APLES, FL 34109 -8768 EBARTOLO, JOSEPH=& FRANCA 70 BELAIR WAY JOODBRIDGE, ON ANADA, L4L F - -0000 @09LS oAU3AW Q BRODERICK, JAMES J =& ROSE M BROOKS, MICHAEL J =& JANET E 6295 WILSHIRE PINES CIR APT 60 12 PRINCETHORPE ROAD NAPLES, FL 34109 -8707 LONDON UK, SE26 --- 0000 CAROZZA, VINCENT CARUSO, FRANK =& JOSEPHINE 6205 WILSHIRE PINES CIR # 206 1478 GENE DR NAPLES, FL 34109 - -8768 PITTSBURGH, PA 15234 - -1902 CHAGNON, PRISCILLE L CLARK, LINDA L 6290 WILSHIRE PINES CIR APT 80 6305 WILSHIRE PINES CIR APT 50 NAPLES, FL 34109 -- -8709 NAPLES, FL 34109 -- -8705 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 , - -0000 CROSSLEY, JEFFREY L 6290 WILSHIRE PINES CIR APT 80 NAPLES, FL 34109 - -8709 COMPITELLO II, JOSEPH M KATHERYN M COMPITELLO 9905 CLEAR LAKE CIR NAPLES, FL 34109 - -0788 DE STEFANO, THOMAS 133 AVENUE C HALEDON, NJ 07508 -- -1027 DECLOEDT, JACK DELGIORNO, BENEDICT 6205 WILSHIRE PINES CIR APT 20 ADRIANA DELGIORNO NAPLES, FL 34109 -- -8768 6280 WILSHIRE PINES CIR #905 NAPLES, FL 34109 -- -0000 vua6P3 dn-dod asodxa jaded P081 f ®09LS a;e!dwal ®tiany asn o; au!! 6uoie puce ♦ s!agel ®!aad Ase3 T A83A"9-008 -! d0-dod pJOga� al Jal�n�J juop f 009L5 ®AMAtl;!Jege6 al zesill;n wortiane•mmm sues op sues ap uge aJnLpeg el @ zalidaa ialad q salhe j sa}4anbiI4 UTD 9/18/06 - FRANKLIN, WI 53132 -- -8576 DEUTSCHE BANK NATL TRUST CO TR DILELLA, TRACEY DOROTHY M NOLAN TRUST %ABLITT /SCOFIELD P C 6290 WILSHIRE PINES CIR # 804 109 MARTELLAGO DR THE BLACKSTONE BLDG NAPLES, FL 34109 - -8709 NORTH VENICE, FL 34275 -- -6603 S DIXIE HWY STE 200 VERONICA F MENDEZ DE ICHAZO 2167 SPRUCE POINTE CT ST PALM BCH, FL 33401- -5421 RUE DE MAUVERNEY 33 GURNEE, IL 60031 -- -6350 EASTMAN, MICHAEL EDDY, CHARLES R =& JUDY EICKENHORST, MARISA =& JASON MERRILL EASTMAN 6295 WILSHIRE PINES CIR APT 60 5817 DAWES AVE 6245 WILSHIRE PINES CIR APT 13 NAPLES, FL 34109 - -8707 ALEXANDRIA, VA 22311 - -1114 NAPLES, FL 34109 -- -8716 1 0% gull 6uole pugs slagel ®lead �(se3 FAGAN, PETER F =& MELANIE G FRANCOIS, BONNIE GAMBER, CHARLES T =& GAYLE H 9929 CLEAR LAKE CIR SHELLY L =& JAMES E TURSKI 6275 WILSHIRE PINES CIR APT 10 NAPLES, FL 34109 - -0788 6275 WILSHIRE PINES CIR APT 10 NAPLES, FL 34109 -- -8711 NAPLES, FL 34109- -8711 GAMBER, MICHAEL K GARDNER, DANIEL GEFFON, DREW H= & ANDREA A 6305 WILSHIRE PINES CIR APT 50 MARGHERITA GARDNER 1321 MAXIM SOUTHARD RD NAPLES, FL 34109 - -8705 9917 CLEAR LAKE CIR HOWELL, NJ 07731 -- -8631 NAPLES, FL 34109 -- -0788 GOLDENBAUM, MARTIN H GOLDENBAUM, MARTIN H GOODCHILD, KATHRYN A GOLDENBAUM, SHEREE L 9939 CLEAR LAKE CIRCLE 6205 WILSHIRE PINES CIR APT 20 9933 CLEAR LAKE CIR NAPLES, FL 34109 -- -0000 NAPLES, FL 34109 -8768 NAPLES, FL 34109 - -0788 GROVE, DERRICK F =& MYRA GROVES, BARBARA A GRUNST, FRED =& JOANNE R 2422 BUTTERFLY PALM DR 6290 WILSHIRE PINES CIR 9937 CLEAR LAKE CIR NAPLES, FL 34119 -- -3353 NAPLES, FL 34109- -8709 NAPLES, FL 34109 - -0788 GULI, LAWRENCE =& AMINA M HAJEK, JOSHUA A HAMMAR, JAMES G 7 MANGO DR 6265 WILSHIRE PINES CIR APT 11 ROSEMARY J HAMMAR SUSSEX, NJ 07461 - -4923 NAPLES, FL 34109 -- -8710 101 TAYLOR ST PUNTAGORDA,FL 33950 -- -0000 HAMMOCK, WILLIAM AUSTIN HAYES, MICHAEL TRAVIS HERNANDEZ, DALIA 6205 WILSHIRE PINES CIR APT 20 6295 WILSHIRE PINES CIR APT 60 BEATRIZ HERNANDEZ NAPLES, FL 34109 - -8768 NAPLES, FL 34109 - -8707 4941 HICKORY WOOD DR NAPLES, FL 34119 -- -1415 HERRERA TR, MICHAEL T HOMUTH, FREDERICK J =& MARSHA HORRIGAN, DENNIS G =& DONNA J MICHAEL T HERRERA REV TRUST 6225 WILSHIRE PINES CIR APT 15 7949 S LEGEND CREEK CT UTD 9/18/06 NAPLES, FL 34109 - -8725 FRANKLIN, WI 53132 -- -8576 6265 WILSHIRE PINES CIR APT 11 NAPLES, FL 34109 - -8710 )VE TR, DENNIS R =& CAROL A ICHAZO, PABLO FABIAN JUDAH, FATHI =& MARITZA HOVE FAMILY TRUST VERONICA F MENDEZ DE ICHAZO 2167 SPRUCE POINTE CT UTD 11/10/05 RUE DE MAUVERNEY 33 GURNEE, IL 60031 -- -6350 7120 MORGAN AVE S GLAND VAUD RICHFIELD, MN 55423- -2938 SWITZERLAND, 1196 - -0000 T vue6P3 d0-dod asodxa �� Jaded peal f ®09L5 a;eldwal eAJaAd ash i ®09ls ®AU3A%f 1 0% gull 6uole pugs slagel ®lead �(se3 l� ;y Peel® Labels i ♦ Bend along line to a Avery® Template 51600 i Feed Paper expose Pop-Up Edger"" j ARRAM, LYNNE M KARRASCH, MICHELE A DARRYL LN 6285 WILSHIRE PINES CIR APT 70 ALEM, NH 03079 -- -2006 NAPLES, FL 34109 -- -8706 OAVERY® 51600 1 KAUDER,ELKE JOSE ESPINOSA 6280 WILSHIRE PINES CIR NAPLES, FL 34109 -- -8708 :ELCH, DANIEL =& DONNA KERMES, FRED KINCANON, KRISTEN E 280 WILSHIRE PINES CIR APT 90 SHERRY LYNN KERMES 6255 WILSHIRE PINES CIR APT 12 IAPLES, FL 34109 -- -8708 6215 WILSHIRE PINES CIR APT 16 NAPLES, FL 34109 -- -8715 NAPLES, FL 34109 - -8788 ROSCOE, IL 61073 -- -0151 :OEHLER, WENDY KREAMALMEYER, WILMA KUNA, MARCIN 325 WILSHIRE PINES CIR APT 30 6305 WILSHIRE PINES CIR APT 50 3 RAYMOND CT IAPLES, FL 34109 - -8786 NAPLES, FL 34109 - -8705 SEA CLIFF, NY 11579 -2027 AMACCHIO, THOMAS =& LORENA LARSON TR, JOANN L LAUBER, ROBERT L =& MICHELLE J X893 CLEAR LAKE CIR JOANN L LARSON TRUST 7822 BURR OAK RD JAPLES, FL 34109 - -0787 17 BLUE MEADOW RD PO BOX 151 BRISTOL, CT 06010 -- -2428 ROSCOE, IL 61073 -- -0151 .EE TR, PAUL =& JOAN LEMAIRE, BERNICE M LEPROHON, JOHN P =& NINA H .EE FAMILY REV LIVING TRUST 2024 MADRILLON SPRINGS CT 3 LOCKWOOD DR ITO 8/2/07 VIENNA, VA 22182 -- -3763 KENNEBUNK, ME 04043 -- -7703 24 ASHAROKEN BLVD HAMILTON GREENS LLC HAMILTON GREENS LLC SAY SHORE, NY 11706 - --6308 6131 LYONS RD # 200 .ISSER, MARCIA LOEFFLER, FREDERICK H =& LYNN A LOFTUS, KEVIN J =& NANCY A X275 WILSHIRE PINES CIR # 1008 8102 TENNESSEE AVE 6265 WILSHIRE PINES CIR APT 11 JAPLES, FL 34109 -8711 WILLOWBROOK, IL 60527 -- -2453 NAPLES, FL 34109 -- -8710 YNX ZUCKERMAN AT LYNX ZUCKERMAN AT LYNX ZUCKERMAN AT iAMILTON GREENS LLC HAMILTON GREENS LLC HAMILTON GREENS LLC .131 LYONS RD # 200 6131 LYONS RD # 200 6131 LYONS RD # 200 ;OCONUT CREEK, FL 33073 -- -0000 COCONUT CREEK, FL 33073 -- -0000 COCONUT CREEK, FL 33073 -- -0000 .YNX ZUCKERMAN AT LYNX ZUCKERMAN AT LYNX ZUCKERMAN AT iAMILTON GREENS LLC HAMILTON GREENS LLC HAMILTON GREENS LLC '.131 LYONS RD # 200 6131 LYONS RD # 200 6131 LYONS RD # 200 ,OCONUT CREEK, FL 33073 - -0000 COCONUT CREEK, FL 33073- -0000 COCONUT CREEK, FL 33073 -- -0000 .YNX ZUCKERMAN AT MACBETH TR, BONNIE R MACDOWELL, SHIRLEY A iAMILTON GREENS LLC BONNIE MACBETH DECL OF TRUST 6325 WILSHIRE PINES CIR APT 30 131 LYONS RD # 200 UTD 07/27109 NAPLES, FL 34109 - -8786 ;OCONUT CREEK, FL 33073 -0000 9889 CLEAR LAKE CIR NAPLES, FL 34109 - -0787 IIARRIOTT, WILLIAM H =& HOLLY B MARTINELLI, LOURDES R MATTHEWS, TITUS =& JANE 295 WILSHIRE PINES CIR APT 60 6340 SW 16TH ST 6295 WILSHIRE PINES CIR APT 60 IAPLES, FL 34109 -- -8707 MIAMI, FL 33155- -1902 NAPLES, FL 34109 - -8707 quettes faciles h peler ; A Repliez A la hachure afin de ; www.averycom ilisez le gabarit AVERY® 51600 j Sens de r�'v�ler le rebord Po U TM I chargement p- p 1- 800 -GO -AVERY j i i 1 Easy Peel® Labels i ♦ Bend along line to 1 AVERY® 5160 Use Avery® Template 51600 j Feed Paper expose Pop-Up Edge*"' i 1 MCBLAINE, ROGER BRIAN 6245 WILSHIRE PINES CIR APT 13 ,AkPLES, FL 34109 -- -8716 MCGILLEN, DEBORAH A =& NEIL P 6325 WILSHIRE PINES CIR APT 30 NAPLES, FL 34109 - -8786 MONICO, ANTHONY W =& JANE 9465 SW 66TH LOOP OCALA, FL 34481 -2508 NBS INVESTMENTS LLC 1658 SANCTUARY POINTE DR NAPLES, FL 34110 -- -4153 O'DONNELL JR, JOHN J =& JANE B 7210 EVERGREEN LN HARRISBURG, PA 17112 -- -9012 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT % WOODWARD, FIRES & LOMBARDO 3200 TAMIAMI TRL N STE 200 NAPLES, FL 34103 -- -4108 POIRIER TR, CHERYL G CHERYL POIRIER TRUST UTD 2/15/96 6225 WILSHIRE PINES CIR APT 15 NAPLES, FL 34109 -8725 PURE, MILES J 13519 CAMBRIDGE LN NAPLES, FL 34109 -- -3914 REFERENCE ONLY WILSHIRE PINES 11 A CONDOMINIUM . -- -0000 tONDEAU, BEVERLY 6305 WILSHIRE PINES CIR APT 50 NAPLES, FL 34109 -- -8705 t'tiquettes faciles h paler Utilisez le gabarit AVERY® 51600 MCDERMOTT, EDWARD J BRIAN P LAMB 60 MCKOWN ST BOOTHBAY HARBOR, ME 04538 -- -1863 MESZAROS,DALE =& SHERRY 6265 WILSHIRE PINES CIR APT 11 NAPLES, FL 34109 -- -8710 MULCAHY, JOHN CHRISTINE HEATH 6255 WILSHIRE PINES CIR #1208 NAPLES, FL 34109 -- -0000 NEWMAN, RICHARD L KELLY R QUABECK 78 RACQUET RD WALL TOWNSHIP, NJ 07719 -- -9415 OEHRY, WOLFGANG 6305 WILSHIRE PINES CIR APT 50 NAPLES, FL 34109 -- -8705 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT % WOODWARD, PIERS & LOMBARDO 3200 TAMIAMI TRL N STE 200 NAPLES, FL 34103 - --4108 POMPLAS, MARK V =& SUSAN P 6245 WILSHIRE PINES CIR APT 13 NAPLES, FL 34109 -- -8716 PYLANT,JEFFREY =& NANCY 9921 CLEAR LAKE CIR NAPLES, FL 34109 -0788 REFERENCE ONLY WILSHIRE PINES I A CONDOMINIUM . -- -0000 MCDOUGALL, LOREN L 6235 WILSHIRE PINES CIR APT 14 NAPLES, FL 34109 -- -8718 MEYER TRUST 12243 168TH AVE GRAND HAVEN, MI 49417 -- -9640 MURPHY, KEVIN =& CYNTHIA 115 MAPLEWOOD RD HUNTINGTON STATI, NY 11746 - -2846 NODES, DANIEL J =& PATRICIA A 88 SUGAR CREEK PL WOODWAY, TX 76712 -- -3408 PATTERSON,CAROLE 6225 WILSHIRE PINES CIR APT 15 NAPLES, FL 34109 -- -8725 PERCOPE, ROBERT =& DONNALEE 6325 WILSHIRE PINES CIR #301 NAPLES, FL 34109 -- -8786 PROCOPIO SR, RICHARD J 77617TH AVE S NAPLES, FL 34102 - -7411 PYRAMID DESIGN SOLUTIONS INC PO BOX 966 MOUNT CLEMENS, MI 48046 -- -0966 ROHMAR CO LLC 534 W FAIRLAWN BLVD AKRON, OH 44313 --4594 ROSS, MARY LOUIS RUBINELLI, FRANK J =& LAURA MARY LOUISE ROSS LIV TRUST 9925 CLEAR LAKE CIR DATED 07111/02 NAPLES, FL 34109 -- -0788 6265 WILSHIRE PINES CIR #1105 NAPLES, FL 34109 -- -8710 A Repliez A la hachure afin de www.averycom Sens de j cha gement MOW le rebord Pop -Up*" j 1- 800-GO -AVERY i sy Peel® Labels i ♦ Bend along line to a AVERY 5160® i e Avery® Template 5160® feed Paper expose Pop-Up EdgeTM j 1 SABIA TR, CAROLE A SALOMONE, FRANK JOSEPH SANGHVI, KAUSKI =& HINA MLLIAM J SABIA TR 6210 WILSHIRE PINES CIR APT 10 9901 CLEAR LAKE CIR PAROLE A SABIA REV TRUST NAPLES, FL 34109 -8701 NAPLES, FL 34109 - -0788 DATED 06/14/99446 MAIN ST UNIT 3 BETSY OLOFSON MARTIN SULTANA DLD SAYBROOK, CT 06475 -2576 6245 WILSHIRE PINES CIR APT 13 3133 WESTRIDGE BLVD SCHIMINSKE, JONATHAN E SCHMECHEL, PAULA M SELBY TR, JOY YELENA A SCHIMINSKE 3269 W POINT RD JOY SELBY REV TRUST 4404 TWIN PEAKS CT GREEN BAY, WI 54313 - -5219 9601 DEEPWATER CT CHINO HILLS, CA 91709 -- -6168 24301 WALDEN CENTER DR NAPLES, FL 34109 -- -0786 SELL TR, HANS C SELLEN, ROLAND L SHARPE, TUESDEE K SELL REV TRUST DATED 12/2/96 JUDITH L CHRISTENSON 6325 WILSHIRE PINES CIR APT 30 1610 HIGHLAND DR 9897 CLEAR LAKE CIR NAPLES, FL 34109 -- -8786 CLEAR LAKE, IA 50428 -- -1224 NAPLES, FL 34109 -- -0787 NAPLES, FL 34109 -- -8786 SHEA TR, ROBERT STEPHEN SHEA, KENNETH E SHELFORD TR, BONITA R VIVIAN J DURYEA SHEA TR SUSAN M GALLAGHER BONITA R SHELFORD TRUST SHEA FAMILY TRUST 389 TRAFTON ROAD UTD 06/29101 UTD 05/15/029909 CLEAR LAKE CIR SPRINGFIELD, MA 01108 - -D000 13 SUNDOWN RD NAPLES, FL 34109 -- -0788 1402 LISBON COURT FREEVILLE, NY 13068 -- -9722 SHIELDS, JUDY L SHIRGHIO III, NICHOLAS SKIBICKI, DEBORAH M 6315 WILSHIRE PINES CIR #407 6265 WILSHIRE PINES CIR APT 11 6285 WILSHIRE PINES CIR APT 70 NAPLES, FL 34109 - -8704 NAPLES, FL 34109 -- -8710 NAPLES, FL 34109 - -8706 SNYDER, DENNIS C =& BARBARA P STOLL, ROBERT HENRY STRAIN, RODNEY =& DENISE W 9913 CLEAR LAKE CIR JEANNE DEUCHAR STOLL 6225 WILSHIRE PINES CIR APT 15 NAPLES, FL 34109 - -0788 9856 WHITE SANDS PL NAPLES, FL 34109 -- -8725 BONITA SPRINGS, FL 34135 -- -6879 SUAREZ, CARLOS A SUGIURA, SHUNSAKU TALLEVI, ROSEMARY 6614 MARBELLA DR BETSY OLOFSON MARTIN SULTANA NAPLES, FL 34105- -5042 6245 WILSHIRE PINES CIR APT 13 3133 WESTRIDGE BLVD NAPLES, FL 34109 - -8716 PETERSBOROUGH, ON CANADA, K9K 1- - -0000 TEBOCKHORST, TIMOTHY J =& JOYCE TIBURON GOLF VENTURES L P TRAPASSO, MARIA 8808 DONEGAL DR 24301 WALDEN CENTER DR 6280 WILSHIRE PINES CIR APT 90 DARIEN, IL 60561 - -8466 80NITA SPRINGS, FL 34134- 4965 NAPLES, FL 34109 -- -8708 TRESE TR, MAUREEN L TROST, MICHAEL W =& ROXIE C VILLAVERDE, OSCAR =& TERESITA MAUREEN L TRESE GRANTOR TRUST 3443 EL TORO DR 6325 WILSHIRE PINES CIR APT 30 UTD 03/05/90 LAKE HAVASU CITY, AZ 86406 --4145 NAPLES, FL 34109 -- -8786 514 AVELLINO ISLES CIR APT 320 NAPLES, FL 34119 -- -2385 VOLZ, ROBERT =& LINDA WALENCIS, KAREN WEINER, ERIC M 25 LILLINONAH DR NEIL STANTON 6290 WILSHIRE PINES CIR APT 80 BROOKFIELD, CT 06804 -- -3216 1402 LISBON COURT NAPLES, FL 34109 -- -8709 DAVENPORT, FL 33896- -0000 tiquettes faciles A peter A Repliez 6 la hachure afin de ; www.avery.com Itilisez le abarit AVERY® 5160® 9 Sens de rMler le rebord Po U TM chargement p' p 1- 800 -GO -AVERY 1 i wm tiane mmm WESTALL, NORMA H 15525 CADIZ LN NAPLES, FL 34110 -- -2818 WILSHIRE LKS MASTER ASSOC INC % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 -- -0000 WILSHIRE PINES I CONDO ASSN % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 -- -0000 YARNELL, MICHAEL R DIANE T MUELLER - YARNELL 6305 WILSHIRE PINES CIR APT 50 NAPLES, FL 34109- -8705 r. ap u0e aimpey el @ mildaa '" "' I V I salad g sallae} sa anbl }5 WILSHIRE LKS MASTER ASSOC INC % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 -- -0000 WILSHIRE LKS MASTER ASSOC INC C/O GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 - -0000 WILSHIRE PINES II CONDO ASSOC % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 - -0000 The Foundation of Pelican Marsh, Inc. 1504 Pelican Marsh Blvd. Naples, FL 34109 WILSHIRE LKS MASTER ASSOC INC % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 - -0000 WILSHIRE LKS MASTER ASSOC INC % GATEWAY MANAGEMENT POST OFFICE 380758 MURDOCK, FL 33938 -- -0000 WOODS, ROBIN KIMBERLY 6215 WILSHIRE PINES CIR APT 16 NAPLES, FL 34109 - -8788 T wb96P3 dn-dod asodxa jaded paai f ®09&5 a;eldwal @Gany asn ®09 LS ®AU3AW i o3 aull 6uole Puce i slage-1 ®lead Ase3 HAMILTON GREENS RPUD (PDI -PL- 20130001715) NEIGHBORHOOD INFORMATION MEETING NOVEMBER 26, 2013 NAME ADDRESS TEL. NO. 11-4 Cre IV P t"S .23`� Sri ; 1 43;- `777 o ;&-/f p6 s s31-5'?3- 373 9l,4 C %I`C�`�!�'• /�'1 7�' // �� f'�f� �/ /► //_ r / � '% � � � %mot l�/1% W�� s� l V�rLtS' • <2 L`� X414. (. -� 5-1F,/— 0,31 cv HA2013\2013029 \WP \PDAN IAN IM Sign -In Sheet.doc C1 r Summary of Neighborhood Information Meeting: Hamilton Greens PDI Petition: Hamilton Greens RPUD PDI- PL20130001715 Date: Tuesday November 26, 2013 Time: Commenced at 5:35 PM. Concluded at 6:15 PM Location: Collier County Public Library Headquarters, Sugden Theater Room, 2385 Orange Blossom Drive, Naples, Florida 34109. Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on behalf of the applicant. Andy and Steven Zuckerman were in attendance on behalf of Zuckerman Homes. David Underhill P.E., project civil engineer was also in attendance. Kay Deselem, AICP, as in attendance from Collier County staff. Ten members of the public (primarily of not entirely from the adjacent Wilshire Lakes development) were in attendance. Summary: Mr. Mulhere summarized the RPUD process, noted the possible hearing dates for this petition, followed by a summary of the project utilizing an aerial photo and other exhibits. Several members of the public asked several questions regarding storm water design, access to the site, native preserves, and product type, development timing, and estimate price points. Mr. Mulhere, Mr. Underhill and both Steven and Andy Zuckerman respond to these questions as appropriate. � Prepared by Robert J. Mulhere, FAICP on December 12, 2013 HA2013\2013029 \WP \PDI \N1M\NIM Summary Hamilton AGreens 12- 02- 13.docx SIGN POSTING INSTRUCTIONS (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI -PL- 20130001715 SIGNATURE OF APPLICANT OR AGENT ROBERT J. MULHERE, FAICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was swom to and subscribed before me this ROBERT J. MULHERE , personally known to me or who produced _ and who did/did not take an oath. J§40W V(� Signatu e of Notary Public HOLE MONTES, INC. STREET OR P.O. BOX 950 ENCORE WAY, NAPLES, FL 34110 CITY, STATE ZIP 25th day of NOVEMBER , 20a13_, by as identification My Commission Expires: (Stamp with serial number) Stephanie Karol Printed Name of Notary Public F: \WebsitelAFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc STEPHANIE MROL MY COMMISSION # EE 163504 s ; -, pF F; ' EXPIRES: March 9, 2016 Bonded Thru Notary Public Underwriters My Commission Expires: (Stamp with serial number) Stephanie Karol Printed Name of Notary Public F: \WebsitelAFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc �,• *� ro �+,�� t 1 `a+ � '# t� /�.'� C �q to .� y ,3� � K M I F'� � t Y w "`•' ,�'�+{, rsr t 2„�ti• o-J r'td aw � � . 6 ,t ' � <? 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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 1.613 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, PROPOSED CHANGES: CHANGE TO COVER PAGE OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD Page 1 of 11 Words underlined are additions; words struck through are deletions. H:\2013\2013029 \WP \PDI \HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 ,docx HAMILTON GREENS 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. MULHERE, FAICP HOLE MONIES, 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 Page 2 of 11 n Words underlined are additions; words strus k threiig are deletions. H:\ 2013 \2013029 \WP \PDI\HEMHamilton Greens RPUD (PDI- PL- 20130001715) 11 -14 -2013 .docx n CHANGE TO SECTION ONE OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD 1.5 PHYSICAL DESCRIPTION The project wi44 may be divided into two separate water management basins. Between - -- the asms is an exisJmg ow -way that - conveys stormwate—r from the Tands 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 Iittle 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. 1.6 PROJECT DESCRIPTION B. IMPLEMENTATION The HAMILTON GREENS RPUD community is envisioned as a compact, compatible residential community, comprised of 29.68 acres. Apprv'i ^,.� * fl acre A portion of the community wi4 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 acres of wetland preserves, 1.79 acres of upland preserves and 1.97 acres of lakes. Page 3 of 11 Words underlined are additions; words struak throug are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI- PL- 20130001715) 11 -14 -2013 .doex 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 developed within the RPUD as an alternative hoLi i type per Section 1.613 of the RPUD Document, CHANGE TO SECTION TWO OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD 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 "D ", RPUD Master Development Plan (Section 7: Appendix). There shall be se 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 ". 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. TABLE 1 PROJECT LAND USE /SITE DATA Tract Type Units Acreage R -1, R -2, SU Multi - Family, or 88 9.08 Acres Single - Family 48 Development Parcels (less lakes) 9.08 Acres Wetland Preserves 13.65 Acres Upland Preserves 1.79 Acres Lakes 1.97 Acres Roads/ROW 3.19 Acres 29.68 Total Acres 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. Page 4 of 11 n Words underlined are additions, words °t-�� . 'ci:;roug! are deletions. H:\2013 \2013029 \WP \PDl \HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .docx /1-N 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS B. The development of any tract or parcel approved for residential development enco mp ating _ ee simple ownership of -laad -for each dwelling - unit shall - "be - -- " required to submit and receive approval of a prelim subdivision plat in conformance with applicable provisions of the LDC, prior to the submittal f 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 M to (3) model units) may be constructed following plat approval, prior to recording of a plat, for the entire RPUD. 2.7 ASSOCATION OF PROPERTY OWNERS' FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by a maste 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. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake -2 Wilshire Lakes PUD identified on the RPUD Master Plan. Page 5 of 11 Words underlined are additions; words struck through are deletions. H:\ 2013 \2013029 \WP \PDI \HEX\HamiIton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .doex 2. 10 GENERAL PERMITTED USES B. Development Standards: 2. Setback from property lines for General Permitted Uses, excluding water management lakes, facilities and struc- mss,-- lan&:scape feqffures suc h ,m —^ buffers, bends, fences and walls, benches, gazebos, and temporary till storage, all of which shall be subject to setback requirements set forth in the LDC - Twenty -five feet (25'). CHANGE TO SECTION THREE OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD 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 residentiai 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. Page 6 of 1 I Words underlined are additions; words str{tok threugH are deletions. H:\ 2013 \2013029 \WP \PDI \HEMHamiIton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .docx 4. Care-taker units. 5. Additional housing types per 1.613 of the PUD, including single-family dwellings. 3. -DEVEEOPMENT-STANIYAR-DS-(S-e—eT4bl&§-F-6—nd-2T------ 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 I and 2: Development Standards), 1. Tables I and 2 set-, forth the development standards for land uses within the "R" Residential District. 3.6 SPECIAL USE (non-residential uses) A. Gatehouse/Guardhouse/Access Control Structure/Care-taker Unit: 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: 2. There wi4l may be a clubhouse facility centrally located within the community. 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. 3.7 RESIDENTIAL AND SPECIAL USE SETBACKS I. Multi-family: Page 7 of 11 Words underlined are additions; words shook threeigh are deletions, H:\2013\2013029\WP\PDI\HEX\Hamilton Greens RPUD (PDI-PL-20130001715) 11-14-2013 docx 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 1,200 SF Minimum Front Yard 15 Feet Minimum Side Yard 5 Feet Minimum Rear Yard 10 Feet Minimwn Preserve Setback 25 Feet Minirnwn Distance Btw Structures 10 Feet Maxilnwn Building Height Zoned 30 Feet not to exceed two stories Maximum Building Height Actual 35 Feet Accesso Structures Front SPS Side SPS Rear 5 Feet Minimwn 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 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 enter garage be less than 10'. All other portions of the principal structure, whether designed with a front entry or side entry garage shall be set back a minimum of 15 feet, except where a lot is located at the intersection of two streets, in which case, the font yard setback set forth herein shall only annly to the street on which the entrance is located, and the other setback adjacent to the ROW shall be a minimum of 10'. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except- as-441,a vs for the following (note that these standards are deviations under the LDC): Page 8 of 11 Words underlined are additions; words stMBIE threugh are deletions. H:\ 2013 \2013029 \WP \PDI \HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .docx -I-;- Cal do sae a*d lecal stfeets less than one thetisand fee (1,000) in length /0-111 shall be required to have two (2) ten feet (10') NNide travel !an 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. 34. Tangents shall not be required between reverse curves on any project streets. CHANGE TO SECTION FIVE OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD 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 -2008 2014. Construction is expected to be concluded by no later than calendar year 204-2 2020 -2021. This RPUD shall � be subject to the sunset provisions of the LDC. rrmramar.w. ON MINE • .a- 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 cony 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 Page 9 of 11 Words underlined are additions; words strusic *h-ou are deletions. H:\2013\2013029 \WP \PDI \HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 Am 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 tIte PUDis c ose - out, —then the Managing Ear �s no ton er res onsible io f - -- - -- monitoring and fi>lfillment of PUD commitments. 5.7 LANDSCAPING The developer shall provide a Type "B" landscape buffer, as provided for in Section 4.06.02C.2., with landscaping planted on both sides of an eight (8) foot wall, along the east property line, adjacent to the Wilshire Lakes development_ to be installed prig. to Parkway. the Estuafy peftion of the Grey Oaks development along Golden Gate 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 shal•1 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. 5.11 POLLING PLACES In the event a common clubhouse or similar common recreation facility is constructed within a common area, Puts •ant to the i DG and subject to a determination of necessity by the Supervisor of Elections, provisions shall be made for the future use of such building space •• hin ^^trm^^ ° ^^ 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 commons 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 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 dated when approved by Collier County, Page 10 of 11 Words underlined are additions, words stwsl" thFOUg are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .docx CHANGE TO SECTION SIX OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD C. Deviation from 5.03.02.C.1 Fences and Walls. Within the HAMILTON GREENS, RPUD, the proposed require Iired wall height is of eight (8) feet along the eastern property line (add eent to Lake 2). This is the height of the wall described, presented and committed to during -tie two (Z:) NIIVI meetings: The creation o "t is wa along with the proposed landscaping will minimize the impact on the adjacent land owners in Wilshire Lakes. CHANGE TO EXHIBIT 4, RPUD MASTER PLAN OF THE RPUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 07 -27, THE HAMILTON GREENS RPUD See attached. Page 1 I of 1 l Words underlined are additions; words struck ihretig are deletions. H:\ 2013 \2013029 \WP \PDI \HEX\ -Iamilton Greens RPUD (PDI -PL- 20130001715) 11 -14 -2013 .doex LIVINGSTON ROAD E 0 A -_t_ i- . 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Plat? tR c�C i i �i r m r O O 3 N v SA * Friday, November 22, 2013 N NAPLES DAILY ;JEWS EXHIBIT W 12112113 CE PUBLIC NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, December 12, 2013, in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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 1.66 of the PUD Document instead of 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. All interested parties are invited to appear and be heard. All materials used in Presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150757 TO: FROM: Coer Count MEMORANDUM COLLIER COUNTY HEARING EXAMINER AGENDA ITEM 4 -A EXHIBIT a PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: DECEMBER 12, 2013 SUBJECT: PETITION NO: PDI- PL20130001715: HAMILTON GREENS PUD PROPERTY OWNER/AGENT: Owner/Applicant: Lynx Zuckerman at Hamilton Greens, LLC 6131 Lyons Road, Suite 200 Coconut Creek, FL 33073 REQUESTED ACTION: Agents: Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34103 The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Hamilton Greens PUD to allow the following changes: + allow 48 single - family dwelling units as an alternative housing type to the already approved 88 multi - family dwelling units; • establish property development regulations for single - family development; • revise the previously required 1.0 acre of recreational uses to be provided at the developer's option rather than required; • revise the previously required 1.0 acre of recreational uses to allow (but not require) an undetermined amount of area to be provided at the developer's option; • revise the previously required clubhouse facility to allow the facility to be provided at the developer's option rather than required; • remove the voluntary affordable housing commitment; • establish the entity responsible for PUD monitoring; • relocate the project's ingress /egress point on Livingston Road; and • revise Deviation C to clarify that the wall along the eastern property adjacent to Wilshire Lakes development shall be 8 feet high. PDI- PL20130001715: HAMILTON GREENS PUD Page 1 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 JWX OL lON / 0— 5Q L Z 0 U 0 J LO J CL D 0. Z O H w a 10-11N €, C D VY InDD NYDOI d U S fL O . L. BR1G AtltNnO'J Y dlU) SOOON 553tld1.O S Y 5 � n ny 95 I 51-31tl1SH31Nl .. ��a i 3Q nGW �v �tl3 `M3J °NDO wuvis iV 3 5 Cx Z ININGS70N ROAD i FS WY d N " ER �u 41ni � W g 2 la _ '"3 b sk °s y� o 8 N ISDNIAn � p a gig �V" I GtlDN DNlllnd-1tlOdaltl G f � €a I a� u a IN'! i° OdOtl NNtlNt3l131000D Olid OYOM 3LL31ppp° L- se 0— 5Q L Z 0 U 0 J LO J CL D 0. Z O H w a 10-11N GEOGRAPHIC LOCATION: The subject property, consisting of ±29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road and abutting the south boundary of the North Naples Regional Park, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Hamilton Greens PUD was originally approved on February 13, 2007, in Ordinance #07 -27, allowing for a maximum of 88 multi - family dwelling units. The original development provides for one access point on Livingston Road that is located approximately in the middle of the development's frontage along that roadway, three development areas with water management lakes and wetland areas on site as well. The three development areas are Rl, R2 and SU. The SU is identified as a Special Use district for recreational uses. The RI and R2 are residential areas with the same setbacks but the R2 structures can be a maximum of 70 feet in zoned height and 75 feet in actual height, while the R1 can only be 40 and 50 feet tall. The PUD document requires the developer to provide a one acre recreational area to be developed with a clubhouse, poll, spa fitness center and a community meeting room. This amendment would remove the size requirement for the recreation area and make the provision voluntary rather than mandatory on the part of the developer. The developer was required to provide a voluntary housing commitment payment in the amount of $1,000 per unit. As previously noted, the current PDI request seeks to revise the PUD to remove the affordable housing commitment and make the provision for recreational uses voluntary, move the access point, add single - family dwelling units as an allowable use, and add a deviation for wall height. ANALYSIS• Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.I have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. The applicant is adding a potential housing type --48 single - family units. Proposed is an either or scenario. The developer will either construct the 88 multi - family units or the 48 single family units; there is no combination of n the two types proposed. PDI- PL20130001715: HAMILTON GREENS PUD Page 2 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. However the applicant is seeking to change the mandatory clubhouse facility to a developer option. d. Is there a proposed increase in the size of areas used for non - residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment will not increase the size of institutional, commercial, industrial uses since the PUD does not allow those uses. The proposed Master Plan shows the SU area, a non - residential land use, relocated on the Plan; however the size is not shown in the Site Date Table. The SU area does appear to be a smaller tract than the one acre tract identified on the current Master Plan, it is difficult to determine this for certain. Regardless, the criterion above only addresses an increase in the size of areas, and does not address reductions. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this amendment. The applicant has provided a Traffic Impact Statement that shows no net increase in the PM peak trips. The number of single - family units proposed will not create an increase in traffic for the project. E Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional vehicular generated trips based upon the ITE Trip Generation Manuai. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed change to the Master Plan Site Date Table reduced the lake areas from 1.97 acres to 1.5 acres. This may require the developer to make adjustments to the stormwater calculations to compensate for the change. Typically, a single - family development has less impervious area than a multi - family development, thus it seems likely that the proposed unit type additional should not result in any increase. In any case, the developer must comply with the water management requirements in place when local development orders are sought regardless of what is shown on the Master Plan. PDI- PL20130001715: HAMILTON GREENS PUD Page 3 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change to allow single - family dwelling units should not create any issues of incompatibility with the adjacent land uses. To the east is the Wilshire Lakes single - family development and the Wilshire Pines residential development. In Wilshire Pines, the adjacent area is preserve; there are not abutting residential uses. To the south is the Pelican Marsh residential/golf development, with the preserve area abutting the subject site. To the west is Livingston Road. To the north is the North Naples Regional Park. None of these areas should be negatively impacted by the proposed changes. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modification to the Master Plan does not increase the intensity of the permitted land uses. In addition, the PUD documents specify the project density and the total number of dwelling units that can be built along with the requirement for retained native vegetation and open space. The PUD document also specifies the uses allowed and provides 101--1 development standards that regulate the height of the permitted structures. As a result, the proposed amendment will not change the approved density and/or intensity authorized by the PUD document or otherwise affect any element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The Hamilton Greens PUD is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed changes are not deemed to be substantial. PDI- PL20130001715: HAMILTON GREENS PUD Page 4 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. PUD Findings: LDC Subsection 10.02.13.13.5 requires an analysis of the following creiteria: (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 proposed use and property development regulations are compatible with the development approved in the area. The commitments in Ordinance # 07 -27 that will still govern development of this site 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 original application, which were reviewed by the County Attorney's Office, demonstrated unified control of the undeveloped portions 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 is of the opinion that this petition may be found consistent with the overall GNIP. 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 use and believes that the project will be compatible with the surrounding area. The proposed changes in uses should not create any incompatibility issues, 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. (See zoning analysis for more details.) PDI- PL20130001715: HAMILTON GREENS PUD Page 5 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 n S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space 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, Ordinance # 07 -27 that will still govern development of this site should provide adequate assurances that 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. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the n 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 not seeking any new deviations. Rezone Findings: LDC Subsection 10.02.08.F requires an analysis of the following criteria:): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements oj'the Growth Management Plan. The proposed changes to the project do not alter the original finding of consistency. Staff is of the opinion that the project as proposed is consistent with the GMP. 2. The existing land use pattern; Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in Ordinance # 07 -27. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The PUD Insubstantial Amendment would not create an isolated zoning district because the subject site is already zoned PUD. PDI- PL20130001715: HAMILTON GREENS PUD Page 6 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 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-ithe existnng PUTS zoning. - S. 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 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; The proposed amendment can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Ordinance #07 -27 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. Staff believes the petition can be deemed consistent with all elements 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 approving document. The location of the proposed buildings, and the height restrictions and setbacks will help insure that light and air to adjacent areas will not be reduced. PDI- PL20130001715: HAMILTON GREENS PUD Page 7 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 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 PUD amendment should not be a deterrent to the improvement of adjacent properties since all adjacent property is already developed. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which 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, 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 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 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. PDI- PL20130001715: HAMILTON GREENS PUD Page 8 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 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 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 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. 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. Not Applicable. NEIGHBORHOOD INFORMATION MEETING (NIM): Please see Attachment 1: Neighborhood Information Meeting Notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on November 21, 2013. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20130001715. PDI- PL20130001715: HAMILTON GREENS PUD Page 9 of 10 December 12, 2013 Hearing Examiner Last Revised: 11/21/13 PREPARED BY: S KAY DVSELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, DIRECTOR DEPARTMENT OF PLANNING AND ZONING Attachment 1: Neighborhood Information Meeting Notes PDI- PL20130001715: HAMILTON GREENS PUD December 12, 2013 Hearing Examiner Last Revised: 11/21 /13 II is .13 DATE DATE Page 10 of 10 Summary of Neighborhood Information Meeting: Hamilton Greens PDI Petition: Hamilton Greens RPUD PDI- PL20130001715 Date: Tuesday November 26, 2013 Time: Commenced at 5:35 PM. Concluded at 6:15 PM Location: Collier County Public Library Headquarters, Sugden Theater Room, 2385 Orange Blossom Drive, Naples, Florida 34109. Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on behalf of the applicant. Andy and Steven Zuckerman were in attendance on behalf of Zuckerman Homes. David Underhill P.E., project civil engineer was also in attendance. Kay Deselem, AICP, as in attendance from Collier County staff. Ten members of the public (primarily of not entirely from the adjacent Wilshire Lakes development) were in attendance. Questions from Attendees and Responses: What is the plan for handling water flow from north to south? How will it go under internally road, and where will it outfall? (Response provided by David Underhill, all water is reared and temporarily held on site then it outfalls to Livingston Road. It will be piped under internal road). 2. Will the wall and landscape buffet adjacent to Wilshire Lakes still be provided? (Response provided by Mulhere - Yes). 3. What are the price points? (Response Andy Zuckerman - hope to sell single family units for the high 400's to one million). 4. When will construction start? (Response: Andy Zuckerman - hopefully first quarter of 2014). Summary: Mr. Mulhere summarized the RPUD process, noted the po-,cible hearing dates for this petition, followed by a summary of the project utilizing an aerial photo and other exhibits. Several members of the public asked several questions regarding storm water design, access to the site, native preserves, and product type, development timing, and estimate price points. Mr. Mulhere, Mr. Underhill and both Steven and Andy Zuckerman respond to these questions as appropriate. Prepared by Robert J. Mulhere, FAICP on December 3, 2013 C:\ Users\ DeselemKay \AppDataU.ocal\Microsoft\ Windows \Temporary Intemet Files \Content.OUtlook\WU8KHVG0\NIM Summary Hamilton Greens 12- 3- 13.docx HAMILTON GREENS 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. MULHERE, 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 Page 1 of 28 Words underlined are additions, words stFaek tiffeu are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -11 -2013, Version 2).docx TABLE OF CONTENTS Page LIST OF EXHIBITS AND T n B E- 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 EXHIBIT A PUD MASTER PLAN 28 Page 2 of 28 Words underlined are additions; words °'R• are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx Poop Page 3 of 28 Words underlined are additions; words are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -I1 -2013, Version 2).docx 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. Page 4 of 28 Words underlined are additions; words stf:aek threHg are deletions. H:\2013\2013029 \WP \PDI\HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 3/4 of the North t/2 of the South t/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 t/2 of the North %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 t/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, containing 10.12 acres, more or less. Page 5 of 28 Words underlined are additions; words struektkfeuo are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -11 -2013, Version 2).docx Legal Description of Survey As Re- Written For Brevity The Northwest 1/4 of the Northwest 1/4 of the Northwest 1/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 '/2 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 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 1/2 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. Cw:+UEAi ■ - _ _ _ - 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of- Ism MM Lynx Zuckerman at Hamilton Greens, LLC 6131 Lyons Road, Suite 200 Coconut Creek, Florida 33073 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. pee &Y-hiP4 "C—'= Page 6 of 28 Words underlined are additions; words stFae-k d"ugh are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx _ 91". - .. .• . • Lynx Zuckerman at Hamilton Greens, LLC 6131 Lyons Road, Suite 200 Coconut Creek, Florida 33073 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. pee &Y-hiP4 "C—'= Page 6 of 28 Words underlined are additions; words stFae-k d"ugh are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 14le no adverse effect on the drainage patterns and water levels in the surrounding areas. This flow -way Iles 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. Page 7 of 28 Words underlined are additions; words stmek dimugk are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 1.7 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 miner 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. Apir-exifflately 1.0 aefe A op rtion of the community wig 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 wedand preserves, 1.79 aef of upland and 4-.W 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 1.613 of the RPUD Document. SHORT TITLE This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE." Page 8 of 28 Words underlined are additions; words stxiek dir-eu are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -I1 -2013, Version 2).docx 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 Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit" "A", RPUD Master Development Plan (Seetier 7: ^ ppend °'. There shall be sever (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 ± - "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. Page 9 of 28 Words underlined are additions; words stmt are deletions. H:\20 13\2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 2.4 2.5 TABLE 1 PROJECT LAND USE /SITE DATA Tract Type Development Parcels Multi - Family or (R -1, R -2, SU) Single- Family Development D.feels (loss lakes) Wetland Pr-eseB,es Upland D - Preserve Lakes Roads /ROW Units Acreage 88 9.09 10.34 Acres 48 o 9.08 efes 121r�--65 er-es 1.79 r -errs 15.44 Acres 1.50 Acres 2.40 Acres 29.68 Total Acres B. The Aareas 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 configuration and contain the same general acreage as shown as Exhibit°' "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'" "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. 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. 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. Page 10 of 28 Words underlined are additions; words stfuek thfough are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 pFelitninafy subdivision plat in conformance with applicable provisions of the LDC, pr-ier- te the submittal of constr-uetion plans ,.a a final plat f any .-t; „f the r, et of er- r. 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 "d -„'ruetture Up to (31 model units) may be constructed following plat approval, prior to recording of a plat, for the entire RPUD. GB. 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 faster 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. Page 11 of 28 Words underlined are additions; words stFde'' t' - ugh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 o the preserve tract boundary) within the eastern most residential tract of this PUD, adjacent to Wilshire Lakes ,to This shall be installed prior to commencement of vertical construction adjacent to Lake 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. Page 12 of 28 Words underlined are additions; words stmek tlireugk are deletions. H:\2013\2013029 \WP \PDI\HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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, excludiniz water management lakes, facilities and structures, landscape features such as buffers, berms, fences and walls, benches, gazebos and temporary 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 4-7:4 16.94 acres included in the r ands ape /Ope S. aee, 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, sidewalksibike paths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. Page 13 of 28 Words underlined are additions; words stFaek thfa gh are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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. Page 14 of 28 Words underlined are additions; words su •.` e'• difeugh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\HamiI ton Greens RPUD (PDI -PL- 20130001715) (12 -I1 -2013, Version 2).docx SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit- LD" "A ", the RPUD Master Plan, as "R" Residential. (Semen mix) 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 ,,r-ehminar- 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. Page 15 of 28 Words underlined are additions; words stfuek "-etigh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 seta 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. Page 16 of 28 Words underlined are additions; words stFaek through are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 community 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 Page 17 of 28 Words underlined are additions; words stpaek tiffeugk are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 , 30 +. sa Qa 2 e'y m Use u. a a. Q N A Principal R1 (2) 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf a. Structure 23 R2 (2) 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf 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 sf 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. Page 18 of 28 Words underlined are additions;words struck through are deletions. H:\2013\2013029\WP\PDI\HEX\Hamilton Greens RPUD(PDI-PL-20130001715)(12-11-2013,Version 2).docx 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 1,200 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 adiacent 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' Page 19 of 28 Words underlined are additions; words stFaek thfoug are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as fellwivs for the following (note that these standards are deviations under the LDQ: 4- Cul '�e sac; µ „a 1,,ea streets to than th ,,,1 fee (1 nnm length i u ll�.l VVUl streets � shall be required tV have t. (2) to feet (10') wide tr of 1. e , -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. 3-4. Tangents shall not be required between reverse curves on any project streets. Page 20 of 28 Words underlined are additions; words sti:uek t "ettgh are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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. Page 21 of 28 Words underlined are additions; words stFa`k thfoug are deletions. H:\2013\2013029 \WP\PDI \HEX \Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -11 -2013, Version 2).docx NEW Page 21 of 28 Words underlined are additions; words stFa`k thfoug are deletions. H:\2013\2013029 \WP\PDI \HEX \Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -11 -2013, Version 2).docx 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 " "A ", RPUD Master Plan (See- Seet-ien 7.: - en 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 -2008. 2014. Construction is expected to be concluded by no later than calendar year - 204-2 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. Page 22 of 28 Words underlined are additions; words stmek dwough are deletions. H:\2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI- PL- 20130001715) (12 -11 -2013, Version 2).doex 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 with limited 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 -de -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. 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 Page 23 of 28 Words underlined are additions; words stmek thr -exgh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).doex ..TAM WW 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 Page 23 of 28 Words underlined are additions; words stmek thr -exgh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).doex 5.7 LANDSCAPING The developer shall provide a Type "B" landscape buffer, as provided for in Section 4.06.02C.2, with landscaping 1p anted 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 L&e 2 Wilshire Lakes PUD identified on the RPUD Master Plan. This lnndscaping -� will be - simrnatufe —te the lands T asseeia4ed with the UL y IJ V1 L1 Vll of the Parkway. 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 sal 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 be 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. Page 24 of 28 Words underlined are additions; words styek threugh are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 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 easement, 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. Page 25 of 28 Words underlined are additions; words stFde!E thretigh are deletions. H:\2013\2013029 \WP \PDI\HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx 5.11 POLLING PLACES In the event a common clubhouse or similar common recreation facility is constructed within a common a ation of necessity by the Supervisor of Elections, provisions shall be made for the future use of such building space within ,.,,mffie„ eas 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 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_ Page 26 of 28 Words underlined are additions; words S4HOIF thxexgh are deletions. H:\ 2013 \2013029 \WP \PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx SECTION SIX RPUD REGULATION DEVIATIONS HA. 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. EB. Deviation from 5.03.02.C.I 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. Page 27 of 28 Words underlined are additions; words stmek a._,.y are deletions. H:\2013\2013029 \WP \PDI\HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx .. r. HA. 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. EB. Deviation from 5.03.02.C.I 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. Page 27 of 28 Words underlined are additions; words stmek a._,.y are deletions. H:\2013\2013029 \WP \PDI\HEX \Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx LIVINGSTON ROAD Cm [[['''' 4 f E E E E < f A Ell E E f 4 Z�Z F E E f E E 1D' f E F f f E E E E f E f f E E f E E E E E E f f E E f f f E E E £ E f E E E E E F E E E E E E E E E E E E E E f f E f ! f f t E f f E E E E f f E E f f m TI Z f E E E f f0 E p F E E f f E f .N m E f y f E E W O E E E E E E p(a f O E f E x f E E E E E f f li IT1 E t��l ltll f f f z f E f f f f f tltlf E f �E E E E E E E ,1jN f E f E f f E�tl4 E E r E f f f f f f E E 4 f f V N ( f E E N m E f E E E J r ! E f D m E E m E E p n f m m m t E E NU f t rn E E f A y E z E E E N m E E r E f 4 f r E f E E E V � QOk s OI67[ n[ N �� yzm C � A O > E f E E f E f F E E f E E E f f F E 6 f E E E E E E E E E E W �, E E f E E UA f f 4 f f f E (Dj F E f f E E f f f F E E f 4 f y e t E E e ! 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C C mks A y�A 8898 �m9 Page 28 of 28 Words underlined are additions; words stmek d3feugh are deletions. H:\ 2013 \2013029 \WP\PDI\HEX\Hamilton Greens RPUD (PDI -PL- 20130001715) (12 -11 -2013, Version 2).docx RPUD MASTER PLAN BA KS PNONE: 10511 MX MILE CYPRESS PARK WAY fORT MYERS, FLORIDA 33968 (239) 939 FAIL HAMILTON GREENS -5490 (239) 939-2523 3 (2/fa /t i- D 9R 9Ar ENGINEERING ENSURWNO COLLIER COUNTY, FLORIDA N2f/Ee6469 SURVEY LICENSE i Le 6690 p n/22/• MsfO AWF(iNi ARMCT NPME Pmfmional Engineers, Plonners, B�Lond Surveyors WA1.'E SENC.WM I ((h E/( REMSmP MEK DATE PROJECT DRAWING DESIGN DRAWN CHECKED SCALE SHEET Stirring The State Of Florida W. 9An: 9ESwrnax 12/10/2013 2911 RPUD DRU DRB DRU 1 -250 01 Page 28 of 28 Words underlined are additions; words stmek d3feugh are deletions. 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Via' - �� .t• � �� r''t � ` 3 Nv IF zL 3Y a° # # L �e < •r . , ' tea° .. ..•_ ` :. ti, IA* From: BosiMichael Sent: Thursday, September 26, 2013 11:42 AM To: DeselemKay; BellowsRay; Richard Yovanovich; Bob Mulhere Cc: StoneScott; CasalanguidaNick; Klatzkow]eff; AshtonHeidi Subject: RE: Kay, Based upon 1.6.13. 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 TPOD11COCH planning -engineering Traffic Impact Analysis n Hamilton Greens RPUD - Rezone Prepared for: Zuckerman Homes 6131 Lyons Road, Coconut Creek, FL 33073 Phone: (954) 481 -3700 /1-.. Collier County, FL 9/23/2013 Prepared by: Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: (239) 566 -9551 Email: ntrebilcock @trebilcock.biz Hamilton Greens RPUD — Traffic Impact Analysis - September 2013 Statement of Certification i certify that this Traffic Analysis has been prepared by me or under my immediate supervision and that 1 have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 2 Hamilton Greens RPUD — Traffic Impact Analysis a September 2013 Table of Contents Page Project Description 4 Trip Generation 5 s 6 Trip Distribution and Assignment 6 Appendix A: Project Master Site Plan (1 Sheet) Appendix B: Trip Generation Calculations (1 Sheet) Appendix C: Project Trip Distribution Map (1 Sheet) 3 Hamilton Greens RRU® – Traffic Impact Analysis - September 2013 Project Description The Hamilton Greens project is an existing approved Residential Planned Unit Development (RPUD) – Collier County Ord. # 07 – 27. The development is currently approved for residential use with a total of 88 multi - family dwelling units on approximately 29.68 ac (9.08 ac developable). The subject parcel is located in northern Collier County, on the east side of Livingston Road (CR 881), approximately one (1) mile south of Immokalee Road, within Section 31, Township 48 South, and Range 26 Fast. The purpose of this study is to assure that any traffic - related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. Refer to Fig. 1– Project Location Map, which follows and Appendix A - Project Master Site Plan. Fig. 1— Project Location Map 4 Vanderbilt 1' rabytenan Church - ® anniaaakc Rd _ yy r7 om w Reg, 1 Pack'""` y 'q i Socc Fi0d i •, ++ z Sun Lagoon �t Noon Cow Regional P :k Soccer Fie PROJECT Lt:DCATI0 Golf Resort NAples -� ? i 1 4 Hamilton Greens RPUD – Traffic Impact Analysis - September 2013 Trip Generation The new proposed development program illustrates 48 single - family detached housing. The associated common recreation amenities are considered passive incidental to residential and are not included in the trip generation analysis. The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. The software program Otiss – Online Traffic Impact Study Software (Version 3.0.0.137) is used to create the raw unadjusted trip generation for the project. The ITE equations were used for the trip generation calculations. Based on ITE recommendations, no reductions for internal capture or pass -by trips have been taken into consideration. A summary of the project trip generation calculations is illustrated in Table 1A, below. The net difference of the proposed development minus the approved development is illustrated in Table 113. Table 1A— Proposed Project Trip Generation (Unadjusted) — Average Weekday Table 113—Net New Project Trip Generation (Adjusted) — Average Weekday Daily Two- Way Vol. AM Peak Hour PM Peak Hour Land Use Size Enter Exit Total Enter Exit _ Total Proposed Development Single Family Housing 48 du 535 11 32 43 34 20 54 Table 113—Net New Project Trip Generation (Adjusted) — Average Weekday Daily Two- Way Vol. AM Peak Hour PM Peak Hour Land Use - Size Enter Exit Total Enter Exit Total Proposed Development Single Family Housing 48 du 535 11 32 43 34 20 54 Existing Approved Development Multi - Family Housing 88 du 576 8 39 47 36 18 54 Net New Difference -40 du -41 3 -7 -4 -2 2 0 Hamilton Greens RPUD — Traffic Impact Analysis - September 2013 As illustrated in Table 1B, the projected net new trips associated with the proposed development show a 7.1% decrease in Daily two -way trips, an 6.5% decrease in AM peak hour trips, and no net increase in PM peak hour trips. Detailed calculations can be found in Appendix B —Trip Generation Calculations. Trip Distribution and Assignment The traffic generated by the proposed development was assigned to the adjacent roadways using the knowledge of the area. The proposed development generated trip distribution is shown in Appendix C — Project Trip Distribution Map. A more detailed traffic evaluation will be performed at the time of Construction Plans and Plat (PPL)/ Site Development Plan (SDP) application, as applicable. 0 Hamilton Greens RPUD ® Traffic Impact Analysis - September 2013 Appendix A: Project Master Site Plan 1 Sheet), Hamilton Greens RPUD — Traffic Impact Analysis ® September 2013 .. . . . . . . . . . - , » > • > a ' � ` � {�- � �\ rig ''-� � > yl i .�..._.�. � -- -=` -fir- -• OVON NOISJNWI 8 Hamilton Greens RPUD — Traffic Impact Analysis - September 2013 Appendix 6: Trip Generation Calculations ITE 9th Edition 1 Sheet Hamilton Greens RPUD — Traffic Impact Analysis - September 2013 10 Project Name: Hamilton Greens - Proposed No: Conditions I Project Name: Hamilton Greens- Approved No: Date: 9/20/2013 . City: State/Province: Date: ZipMostai Code: City: ' i Country: . State/Province: Client Name: Zip /Postal Code: Analysts Name: Country: Edition: 9th Client Name: i j Daily AM Pk Hr PM Pk Hr ? Land Use Size Entry ( Exit Entry Exit i Entry Exit ? 210 - Single - Family /r/ i t 48 . 268 267 , 11 32 34 20 Detached Housing Entry Exit f 230 - Residential ! 88 r+) 288 ; Reduction k i 0 0 39 0 0 0 0 ? Internal 0 ? 0 0 0 0 0 Pass-by 0 0 0 0 0 0 Non - pass -by 268 l 267 0 11 32EY� 34 20 4 _ Total 268 i 267 -� 11� �m 32 34 r ni- 20 ` 0 0 0 0 3 Total Reduction 0 } 0 0 a 0 0 Total Internal ; 0 i 0 3fi 0 0 0 0 I Total Passby 0 0 lx: g j 0 0 0 ? 0 J Total Non -pass -by I i 268 j 267 _... 088.. 11 32 _ 34 3m., -..20, I b 36 �� ,V..m .. 4 18 Total i Total Reduction j (4) DNelling Units 0 0 ( 0 i 0 0 Total internal 0 0 10 I Project Name: Hamilton Greens- Approved No: . Conditions Date: 9/20/2013 City: Naples . State/Province: Zip /Postal Code: Country: Collier County Client Name: l Analyst's Name: Edition: 9th I I Daily AM Pk Hr PM Pk Hr i Land Use Size Entry �� Exit Entry Exit [ Entry Exit f 230 - Residential ! 88 r+) 288 288 i 8 39 36 18 l Condom inium/Townhouse i Reduction 0 0 0 0 0 0 Internal 0 0 0 0 1 0 0 f Pass -by ` 0 0 0 0 3 0 ( 0 3g 5 3fi 18 } ' Non - Pass -by ; 288 i 288_ lx: g i �� z7 _... 088.. 288 _ >,a ,: 1 8 x �_ .. 39 b 36 �� ,V..m .. 4 18 Total i Total Reduction j 0 i 0 0 ( 0 i 0 0 Total internal 0 0 0 i I 0 i 0 0 o Total Pas"y � 0 0 :, 0 } i 0 0 i 0 i Total Non- pass -by 288 288 8 39 36 1 18 y ` (/) DasUing Units 10 Hamilton Greens RPUD — Traffic Impact Analysis - September 2013 Appendix C: Project Trip Distribution Map 1 Sheet 11 Hamilton Greens RPUD ® Traffic Impact Analysis - September 2013 Vanderbilt 2: —EB= 6 Preshytefian -4 JAW PM- AS= 7. EB= 4 Rd > ,,,,okalee Rd Church f 1-4 61 lmniok�> > 40 low 0 %L Norih oltier Regi 131 018A JAM- NG= 16, S8-- 6 Soc is 194 Sun-Ni.Fun ,! a Iff R Regis, I Park 4ac,:�r field I Sun -NjFun Lagoon North -- 1 I , LF, —0 %j Wigion'.111P141 I Soccer Field 6 Q1 lr f vp 51 .1 PROJECT t -Z , LOCATIO The f911Carltos a, F Naples a Golf Reson, 0 i Reach Rd– PROJECT TRIP DISTRIBUTION MAP BY PERCENTAGE I 1AM- VVB=1 0; E8= 3 2: —EB= 6 VandejPN1-','wB-- 6; E&--10 JAW PM- AS= 7. EB= 4 -2 Presbytery ,,,,okalee Rd Church f 1-4 61 lmniok�> 40 low 0 %L Norih oltier Regi 131 018A JAM- NG= 16, S8-- 6 Soc is 194 Sun-Ni.Fun ,! a Iff 40 IPM- NB= 10: SB= 17 Lagoon 'k ",hCoifPj% Soccer Fie IAM- NB= 6; PROJECT RA- NO= 17: SO: bDCAT;(-j - Fill-ezilto G1311 Re-500 'l o -M-',Ai'6= 6; E W6= 1. EB-- 3 3 jP _JAM M- W'B= 4, E B-- 71 pfvi- VVB= 3 ES-- 2 vjrdert,l: Reich lt. < > PROJECT TRIP JAW NB-- 2; S6= 6^ DISTRIBUTION MAP IP14 l rt 7, S6= BY AM-PM PK HR �j 12 A,—,, X12348 -, N ORDINANCE NO.07- 27 �! W ' W AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE �LZOZ6� 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 AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS HAMILTON GREENS RPUD LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±29.68 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L. Varnadoe of Cheffy, Passidomo, Wilson, & Johnson, LLP., representing Livingston Greens, LLC, petitioned the Board of County Commissioners 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to "RPUD" Residential Planned Unit Development in accordance with the Hamilton Greens RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 0441, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this .3 day of 2007. ATTEi ?: BOARD OF COUNTY COMMISSIONERS DIWIGH`T E. BWaCK, CLERK COLLIER COUNTY, FLORIDA A-�' ' L,�tcC . _ BY: .••' Deputy Clerk JAM COLETTA, CHAIRMAN Approved as to form and legal sufficiency Marjoq M. Student - Stirling u This ordinance filed with the Assistant County Attorney 5 6 aryy of te's Office PUDZ- 2004- AR•68I0 and acknowledgement that fill n received this �_ day of P Deputy Clerk HAMILTON GREENS �1 RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLTER 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 DATE REVIEWED BY CCPC January 18, 2007 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT A LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION ONE SECTION TWO SECTION THREE SECTION FOUR SECTION FIVE SECTION SIX SECTION SEVEN ll � TABLE OF CONTENTS PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL DEVELOPMENT AREA CONSERVATION /PRESERVE AREA DEVELOPMENT COMMITMENTS RPUD REGULATION DEVIATIONS APPENDIX Page ii iii 1 -1 through 1 -3 2 -1 through 2-4 3 -1 through 3-4 4 -1 through 4 -1 5 -1 through 5 -3 6 -1 through 6 -1 7 -1 through 7 -5 page i LIST OF EXHIBITS AND TABLES EXHIBITS EXHIBIT 1 BOUNDARY SURVEY EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP EXHIBIT 3 LOCATION MAP EXHIBIT 4 RPUD MASTER PLAN 7 -1 7 -2 7 -4 7 -5 page ii 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. page iii 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: Leaal 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 % of the North % of the South %: 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 Y of the North %s of the South %z 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 % of the South Y2 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. Legal Description Of Survey As Re- Written For Brevity The Northwest % of the Northwest % of the Northwest % of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest % of the Southeast % of the Northwest '/4 of the Northwest % of Section 31, Township 48 South , Range 26 East, and The North % of the Southwest % of the Northwest % of the Northwest % of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and 10-11 page 1- 1 The Northeast % of the Southeast % of the Northwest % of the Northwest '/4 of Section 31, Township 48 South, Range 26 East The South % of the South Y2 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. See Exhibit "A ". Boundary Survey — (See Section 7. Appendix, page 7 -1) 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 See Exhibit "B ".• Affidavit of Unified Ownership — (See 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 — (See Section 7. Appendix, page 7 -3) 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 be divided into two separate water management basins. Between the basins is an existing flow -way that coveys 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 little effect on the drainage patterns and water levels in the surrounding areas. This flow -way handles 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 page 1- 2 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. 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 master 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) 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. Approximately 1.0 acre of the community will 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 acres of wetland preserves, 1.79 acres of upland preserves, and 1.97 acres of lakes. C. Densit The number of proposed homes is eighty -eight (88) residential units for a total gross density of 2.96 units per acre (du /ac). 1.7 SHORT TITLE This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE." ^ page 1- 3 2.1 2.2 2.3 SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS 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. 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. 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 "D ", 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 ". 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. Tract R -1, R -2, SU TABLE 1 PROJECT LAND USE/SITE DATA TYPE Multi Family DEVELOPMENT PARCELS (less lakes) WETLAND PRESERVES UPLAND PRESERVES LAKES ROADS /ROW UNIT 88 9.08 Acres 13.65 Acres 1.79 Acres 1.97 Acres 3.19 Acres 29.68 TOTAL ACRES ACREAGE 9.08 ACRES B. Areas illustrated as lakes by Exhibit "D" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water page 2 - 1 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 by Exhibit "D ". 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 "D ", 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 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. 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, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 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 (3 model units) may be constructed following plat approval, prior to recording of a plat. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. C. 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, page 2 - 2 num 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. 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 property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 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. page 2 -3 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. 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. B. 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 — 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 17.4 acres included in the Landscape /Open Space, Lakes and Preserve designations, as well as approximately 2.6 acres of open space cumulatively within the residential tracts. These areas satisfy the open space requirements of the LDC. 2.12 SIDEWALKSBIKEPATHS 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. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement or on a SDP. page 2 - 4 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. page 2 - 5 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 ", 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. 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. 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 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. 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. page 3 -1 3.5 DEVELOPMENT STANDARDS (See Table 2) 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 approval process. (See Table 2: Development Standards) 1. Table 2 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 -taker 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. Details of the design of any gatehouse or guardhouse shall be submitted with an application for SDP 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. 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: page 3 - 2 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 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 Adiacent any Rioht -of -Way or Other Private Drive or Adiacent Oven Svace 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 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. page 3 - 3 Minimum Separation Max. Yard Setbacks between Hell ht �Ix sr m o 0 IS 3t.� .. a� v m x x v To U m U. ,,, Q rn a s use ti w rg a R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf Principal a' Structure R2 23 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf 2 b Accessory 10 5 10 0.5 BH 10 10 15 15 n/a Structure (3) C' Spec�i [SU 10 10 10 10 0.5 SBH 10 45 50 1500 sf 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. page 3 - 3 /1"N. 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 guardhouselgatehouse /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. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as follows: 1. Cul -de -sac and local streets less than one thousand feet (1,000) in length shall be required to have two (2) ten foot (10') wide travel lanes. 2. All local streets shall be required to have a minimum forty foot (40') right -of -way and two ten foot (10') wide travel lanes. 3. Cul-de -sacs may exceed a length of one thousand feet (1,000). 4. 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. 5. Tangents shall not be required between reverse curves on any project streets. page 3 - 4 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. 4.4 GENERAL NOTES A. Buffers shall be provided around all 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 upland buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit and the LDC. page 4 - 1 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 n A. Exhibit "D ", 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 - 2008. Construction is expected to be concluded by no later than calendar year 2012. This RPUD shall be subject to the sunset provisions of the LDC. B. Monitorinq Resort: An annual monitoring report shall be submitted pursuant to the LDC. 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 with limited access areas or single loaded residential roadways. 10-11, 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. page 5 - 1 D. Cul -de -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. AFFORDABLE HOUSING The developer wishes to cooperate with Collier County to address affordable housing impacts associated with the project. The developer, or its successor in interest, will make a financial contribution to Collier County in the amount of $1,000 per dwelling unit constructed in the project. This contribution shall be paid prior to the issuance of a CO for the unit receiving the CO. The payment of this contribution shall be credited to the development's obligations to pay affordable or workforce housing fees that may be adopted in the future by Collier County. 5.7 LANDSCAPING The developer shall provide landscaping on both sides of an eight (8) foot wall, along the east property line, adjacent to the Wilshire Lakes development, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. This landscaping will be similar in nature to the landscaping (as installed) associated with the Estuary portion of the Grey Oaks development along Golden Gate Parkway. 5.8 DECORATIVE PAVING The developer shall provide decorative paving on both ends of the roadway extending to the easternmost portion of the site. This decorative paving material shallact 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 be 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 apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for ^ page 5 - 2 impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. 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 rght -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 easement, 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 $hall 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. 5.11 POLLING PLACES Pursuant to the LDC provisions shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement 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 commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants associations. This agreement shall provide for said community recreation /public building /public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Me 5 - 3 SECTION SIX RPUD REGULATION DEVIATIONS A. Deviation from 6.06.02.A.3 and 6.06.02.A.4 Sidewalk and Bike Lane Requirements. Within the HAMILTON GREENS RPUD, a seven (7) foot and five (5) foot concrete sidewalk is designed for one (1) side of the local street instead of the required two (2) sides. These deviations occur in two (2) specific locations within the community as follows: 1. Entrance Drive. The seven foot (7') sidewalk is located along one side (south) of the entrance drive from the property line to the recreation parcel. At that point, a pedestrian crosswalk provides access to a five foot (5') sidewalk that is adjacent 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 north side of the entire driveway would be required. Forgoing a sidewalk along the north side of the entrance drive allows for an easier and natural transition from the proposed grade of the driveway, to the adjacent upland preserve area, thus minimizing the overall environmental impact of the site. Additionally, since HAMILTON GREENS is a gated community, a single pedestrian controlled access point into the community is a logical design solution. 2. 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 impact, utilizing an existing unimproved roadway to the easternmost portion of the site. This local street services twelve (12) proposed units, therefore the anticipated pedestrian traffic by the residents is low. If an additional five foot (5) sidewalk is required along the north side of the local street in this area, the adjacent preserve areas to the south, as well as the off -site preserve area to the north, would be impacted greater than the proposed configuration. B. 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 (1000) feet, access to this portion of the site would be impossible. C. 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. page 6 - 1 w /0� rIN gi 1,4 LA > 0 m 16 . j I'l o asa . . ........ jam EXHIBIT I BOUNDARY SURVEY as . 14 1; 4 tlti '# ii�� '11W I Er lit) ii r fy I Er 4 1 .... .. .... page 7 - 1 r fy .1 4 1 .... .. .... page 7 - 1 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they arc the fee simple titleholders and owners ot'record of property commonly known as - Livingston Greene P1JD 222 So 13,S. Highway 1 Ste 209 Teaucsta FT. 33469 _ (Street address and City, State and Zip Code) and legally described in Exhibit A attnchcd herein, 'The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate George L Varnadoe Fscuire and Patrick Cunningham, legal representatives thereof, as the legal representatives of the property and as such, these individuals arc authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. "Phis authority includes, but is not limited to, ,he hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. 'rhe undersigned recognize the following and will he guided accordingly in the pursuit of development of the project: I. 'file property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations trade at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County, 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Devclopni nt. Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditiorns of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned trait development. LIVINGS'rON Gm.-FNS, LLC , r Rich rd P. Bellinger, Manager S'1•Ani OF FLORIDA) COUNTY OF (?(*44hR) Sworn to (or affirmed) and subscribed before me this �_-3n day of =7�y 20().1f by kntut 25, 2008 % poomoV5 "'. AV who is personally known to mc: or has producwd Notary Publ is (Name typed, printed or stamp dE ) (Serial Number, if any) page 7 - 2 EXHIBIT '2 -A' (For Covenant Of Unified Control) LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Leoal Description Of Survev As Furnished To Survevor 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/ of the North %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 Y2 of the North '/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 (112) of the Northwest one quarter (114) 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 %2 of the South Y2 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. Leoal Description Of Survev As Re- Written For Brevit The Northwest '/< of the Northwest Y, of the Northwest '/ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest' /. of the Southeast'/ of the Northwest'/. of the Northwest X of Section 31, Township 48 South , Range 26 East, and The North '/2 of the Southwest '/, of the Northwest '/, of the Northwest '/4 of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast Y, of the Southeast '/, of the Northwest '/, of the Northwest '/. 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. page 7 - 3 EXHIBIT 3 LOCATION MAP 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 112 of Section 31, Township 48 South, Range 26 East. See Location Map — (below) �' a UU EN CT - 6 KING GEORGE LA N ROC ¢n + ( -) 6 HENRY LA V U /'� '7j" 7 WILLIAM CT [>YtY9 if I ( a ERICK LAKE DR 30 ri NTRY r; 1 A W S ?� ( I r 9 STERN CIR o 10 SAILFISH LA cujo: :: T �1 { C ( .I < 11 COURT WY 17 COURT LA il, 6 BOCA y : ( W = I In 13 PRESERVE WY *?- AV GO hE�HARVE>�' r+ UN TOR Z LLUN-,AMPBtILW ALA I F0 R I � Ww1.NC1a� �'11 1•:. SOi` St Wit CIA �s11YER� S� s ,. i PINES �17 7 ... __. .... yVj% E PHA - '91 E L 1— wjL!'•. f ji l CCIR ".7 SHALLU -, ^�• TIBURON MARIA cL R LAKE WY CI . DE LA L .. �+ j . , ,�j GOi..F FA1n A� * \+ H�4 ) & I BLVD ,R 4 oc_ �� h COUNTRY,. rARSx sl'vo CLUB ( fi O R � '. a � `. HAWKEYE DR � CK UR E ^4 C r �� —� i 31 UJ W J S r 1 y `y 5 OE v GALLEP,IAOR /G WILSHIRE :. �Poy �a ,' TIBURON �1LU � LAKES� 31 / {� i. N N annny 3 // _ 9�� _ 1101"- )NILSHIRE LAKE5 BLVD 0 Fq�cuiwn (.'crier TURA f,�llena5� L1_VAN0 RBILi .'E01G1�,RQ . u�' T48S 0FIELD Sg` DJ z MARK ` _NAPLES OER 'At _ T49$ WALK � �`N ORR KI< i�S14OPPING II PLO LAKE ;TENTER Eso �BENICIA To n DR IOLD --C'P �? a q ro D r..- i(�j,,,CROi�P:: ,, • �i R !L p D,1cH'ro - �, � r Fq q ' Q IAY j' HILLf�i.A I i"' E .1 Q.\ E%ITO C.' T! y page 7 - 4 EXHIBIT 4 RPUD MASTER PLAN U81d JOISMandli - lcso4 4 1! Aju nco joilloo andN SUMS UOM1111tt x II 11114N 1 !11 1 o 241.4% - 'n HIM i'4, -j II 11114N 1 !11 1 o 241.4% - 'n A CO J11 I CIO Ss C A J1. 14, 1 Ii�f,fj; page 7 - 5 J11 I . .. .... . . . .......... .. ......... . . ......... . E CL J1. 14, 1 Ii�f,fj; page 7 - 5 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 copy of: ORDINANCE NO. 2007 -27 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of February 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners 1� y:'eres D$llagd, C.r �.a. �•j:f: