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HEX Agenda 07/10/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JULY 10, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON JULY 10,2014, 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION 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— June 12, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20140000973 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development,to add a deviation to allow one wall sign with a maximum height of thirteen feet at the entrance to a residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. [Kay Deselem,AICP, Principal Planner] B. PETITION NO. PDI-PL20140000562 — Petitioner, Neal Communities of Southwest Florida LLC, requests an insubstantial change to Ordinance No. 05-64, the Bristol Pines Residential Planned Unit Development ("RPUD"), to revise the Table of Contents and add deviations to allow an additional shared real estate sign at the corner of Collier Boulevard and Tree Farm Road. The proposed real estate sign is an on-premises sign for the Bristol Pines RPUD and an off-premises sign for the Buttonwood Preserve RPUD.The subject property consists of 42.6±acres of land located on the east side of Collier Boulevard (CR 951) and approximately one mile south of Immokalee Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. [Mike Sawyer, Project Manager] C. PETITION NO.BDE-PL20140000225—James Markovitz requests a 55-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 75 feet, to accommodate a boat lift on an existing docking facility for the benefit of Lots 29 and 30, Isles of Capri Unit No. 1 subdivision, also described as 29 Pelican Street East, in Section 5, Township 52 South, Range 26 East, Collier County, Florida. [Mike Sawyer, Project Manager] 3. OTHER BUSINESS 4. ADJOURN AGENDA ITEM 4-A Cot tier County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 10,2014 SUBJECT: PD1-PL20140000973, HACIENDA LAKES PUD PROPERTY OWNER/APPLICANT: AGENT: Taylor Morrison of Florida, Inc. Alexis Crespo,AICP c/o John Asher Waldrop Engineering, P.A. 551 N. Cattlemen Rd. #200 28100 Bonita Grande Dr.#305 Sarasota, FL 34232 Bonita Springs, FL 34135 NOTE: Taylor Morrison of Florida, Inc. owns the tract wherein the amendment is to be applicable. Esplanade at Hacienda Lakes. This area is shown cross-hatched on the attached zoning map and the applicant's Attachment E-1. There are other property owners within the Hacienda Lakes PUD whose property will not be affected by this amendment. REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Hacienda Lakes PUD to approve an additional deviation(Deviation #9). GEOGRAPHIC LOCATION: The subject property of the overall PUD, consisting of 2,262+/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake-Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14,23, 24 and 25,Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida(Sec location map on the following page.) PURPOSE/DESCRIPTION OF TEXT CHANGES: The applicant's agent has offered the following introductory statements in support of this petition: In 2011, the Property was rezoned from Rural Agriculture (A) and Agricultural Special Treatment Overlay(A ST) to Mixed Use Planned Unit Development pursuant to Ordinance PDI-PL20140000973,HACIENDA LAKES PUD Page 1 of 6 July 10,2014 Hearing Examiner Last Revised: June 6,2014 11 l _. 1 0. I+ Q_ _ sr . Mau 11 In! . . __- ,_ __._,_ Q IMMI Anna EN 11. - W F F immil.....2 r„co, WI r 1 0 ` j Z VIII i �. I, • II I k rim z _ 1 I i $ \I EErn J ii M - . ! _. ,,,,n. . ,\., i, I ' ii ' 1 1 s - 'II ., il 1c141),-•; f///AO'8\V mi P.IlE -' I P I a li. i + Mill- t.1-sild- O J a msa.a _.._i_ 8. » i e - 1 _ z W a Z _ ^ y - w O t O O S a rc OJ Q i % a il 38- O 1 n 2r !1 Q a a Ep ` i. i O P 1$K Q ' `.`lam - 10113 . l#1 (1 R a _—� a— A • C A 0 ' ., i 7 i u.. ' , . ... . 2E - > i ID ..., .,1\‘ 1 . ,..... .. q - .--;--- ---44 vf. ......,,;.„..... so,...%.• . . , .. -'.- . r t*- - +... :.-71s f,.41,- .7 7-V --.- 41 " ,..,.;.- ,.,-, -1.' ' `'. '.2,..,,- , ,., ' ,.. ,, -.I. -„, i-, '. 6;4 -, 41.- ''',2 m,,' ili:/t.e4,tli -,, Z-,...; "' .t.. ,,,,, , \- ,r.. ■''Ai , ..:',,,r ,(4 ' . ' #.,, ...,-"-•.i4,., 't" ,t • ,-;... vE.—•' ,..1 .• . ..,..\-,,,.4, i,i ,,... .4,0, 41/4 ' ' '''' " vl ,--k j .01r"' .,',Plzr.." /',' •'-'r7' •, J ,...., / . % ,......- • , ...., 01r .. ;■ , toir* 4( . , ,.,,,'45,4 . . ' • , -.' ,t 1 '. 1 1,12,21.{, - r ., ' ‘•.., , , -40'WI " _,„'■-..,,„...,'- I:4, , ' .,....4.- -.... ... ...... , , ..„ . , .....,, 4 -v , ......, .. . -.. cs i.4.4 11-41. The MPUD allows for a maximum of 1,760 dwelling units, 327,500 square feet of commercial retail uses, 70,000 square feet of professional and medical office uses, 135 hotel rooms, 140,000 square feet of business park/educational facilities, a public school, and continuation of the "swamp"buggy attraction. In 2013, Taylor Morrison of Florida, Inc. (Applicant), purchased a 152-acre residential tract within the MPUD, generally located south of the Rattlesnake Hammock Extension and 1/2 mile east of Collier Blvd. The Applicant is developing the parcel, known as Esplanade at Hacienda Lakes, with residential uses pursuant PL20120002539. The Applicant has constructed walls at the protect entry in accordance with the existing approvals and permits. The developer subsequently _filed a sign permit application (PRBD2014040942701) to place lettering on the existing wall to serve as the project entry sign. Pursuant to Staff's review of the sign permit it became known that the sign wall height exceeded the maximum height of 8 feet permitted per Section 5.06.02 of the Land Development C'ode, and the MPUD provided no further relief or deviations from this requirement. Furthermore, it was concluded that the signage could not be considered a "boundary marker sign", which is permitted up to a maximum height of 15 feet in. In order to place the letters on the existing sign wall the Applicant is requesting an insubstantial change to the MPUP approval. Specifically, the Applicant is requesting an amendment to Exhibit E of the approved PUD Document, -List of Deviations to the LDC", to add a deviation for a 13-faot tall entry sign. No other amendments are proposed as part of this PD! application. The entry sign complies with all required setbacks and the maximum allowable sign face area. The entry signage establishes a common architectural theme that serves as a foundation for signage and design features throughout the community. Please refer to Exhibit "A "attached. ANALYSIS: The petitioner is seeking approval of an additional deviation from the requirements of the LDC to be known as Deviation #9. Eight deviations were approved in the prior ordinance. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or controL PUDs . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may he accomplished, and while protecting the public interest . Deviation #9 seeks relief from LDC Section 5.06.02.B.6, which allows two (2)ground or wall signs per entrance to a residential development with a maximum height of 8 feet, to allow for one (1) wall sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E-2, Esplanade at Hacienda Lakes Entry Sign Location Map. PDI-PL20140000973,HACIENDA LAKES PUD Page 2 of 6 July 10,2014 Hearing Examiner Last Revised. June 6,2014 Petitioner's Rationale: The applicant's agent has provided the following justification: The deviation is proposed as shown on Exhibit "A" [Ed entry sign elevation depiction] to allow for one (I) wall sign at a maximum qf height of 13 feet at the entrance to the Esplanade at Hacienda Lakes residential community south of Rattlesnake Hammock Rd within the Hacienda Lakes 111PUD. The Applicant has limited the request to one (1) wall sign which meets all setbacks and the maximum sign face area prescribed in the LDC. The proposed sign will be constructed on a wall that demonstrates a consistent architectural theme with the rest of the community and will serve as visual enhancement to the development. The MPUD allows for taller residential walls throughout the community, but did not contain a corresponding deviation to allow for entry signage to be placed on those walls in the original approval. Similar deviations have been approved to allow for taller signage within master-planned residential communities, demonstrating that approval of the request will not negatively impact public health, safety or welfare. For these reasons, the Applicant respectfully requests approval of this request. The applicant provided Attachments E-1 and E-2 to show the location of the entry sign both within the overall Hacienda and within the Esplanade at Hacienda Lakes which is the applicable development. Staff Analysis. and Recommendation: Zoning and 1..and Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.11, the petitioner has demonstrated that the deviation is"justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: 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.1 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. 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? PDI-PL20140000973,HACIENDA LAKES PUD Page 3 of 6 July 10,2014 Hearing Examiner Last Revised: June 6,2014 No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 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 governing ordinance allows residential and associated accessory uses. No additional uses are being requested. 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. f. 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. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed change should not increase stormwater retention, or otherwise increase stormwater discharge. 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 should not result in any incompatibility. 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. j. The proposed change is to a PUD District designated as a Development of Regional Impact (Dltl) 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 DRUPUD Master Plan that clearly do not create a substantial deviation PDI-PL20140000973,HACIENDA LAKES PUD Page 4 of 6 July 10,2014 Hearing Examiner Last Revised: June 6,2014 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 Ilacienda Lakes PUD is also a DRI however the change proposed does not trigger any determination regarding the DIU. 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. 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. The staff report for the original rezone petition, PUDZ-PL20110001519, contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This amendment does not negatively impact any of those findings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on June 5,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Hacienda Lakes PUD, PL20140000973. PDI-P120140000973, HACIENDA LAKES PUD Page 5 of 6 July 10,2014 Hearing Examiner Last Revised: June 6,2014 •11111111111111■ PREPARED BY: &MLA) 1 AiiI/ KA SELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY:a-- .7a _ RAYM e ►'I V. BELLOWS,ZONING MANAGER D TE DEPARTMENT OF PLANNING AND ZONING �� 6 -6 - iy MIKE BOSI,AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING PDI-PL20140000973. HACIENDA LAKES PUD Page 6 of 6 July 10, 2014 Hearing Examiner Last Revised: June 4.2014 Hacienda Lakes MPUD Amend Ordinance Number 11-41 AMENDMENT TO EXHIBIT E OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO 11-41,THE HACIENDA LAKES MPUD, The"List of Requested Deviations from LDC," labeled Exhibit E of the PUD Document attached to Ordinance No 11-41, the Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by reference herein. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation#1 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions,that requires subdivisions to have platted road rights-of-way for streets, to allow private streets to be provided by separate access easements rather than platted road rights-of way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five- for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed,or future public roadways that provide access to the K4PUD.The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.020.6.b. Deviation#4 seeks relief from LDC Section 5.03.02.C.2.that limits fence or wall heights to six(6')feet,to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall,berm,or wall/berm combination. Deviation #5 seeks relief from LDC Sections 4l2.13 G., and 4'06.02 C5., that requires a six foot tall opaque architecturally finished masonry wall,or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord's Way. Deviation#6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 8.2.,-that would be erected offsi-te from the Residential Tract,in the Commercial Tract. Deviation#7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until:the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road,andior a new sign can be permitted in Tract C. Deviation#8 seeks relief from LOC Section S.QS04D.1. that limits care unit Floor Area Ratio (FAQ) to 0.4S^tu allow s care unit FAR ofU.GO. Deviation#9 seeks relief from WC Section 5.06.02.8.6, which allows wall, residential entrance or Rate signs with a maximum height of 8 feet at each entrance to a single-family development: to allow a maximum sign height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E-2.Esplanade at Hacienda Lakes Entry Sign t.ocation Map. Hacienda Lakes P01 Words 44E14440444 are deleted; pa�,zofz Last Revised:June�Zoz4 xvv�su"demned*eadded ' ATTACHMENT E-1 ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP PDI-PL2014-0000973 NORTH 4 N, ...---Tt it __ ENTRY '"--1-± SIGN S PROJECT' DRI r __a SITE 1 BOUNDARY • .rusty .. . (c...64) /f 22 a v h x a ( SA13AL PA ottp za ..-.., ' r 23 s, --s .... ....1_,I..._ , ..,....___ ),,,,,.., 7 E -L_J 7- : 1 IN) --- -Ni a' .. ,,,. .:„......<:-.;..., J r - '11t 4 i--4, tit; a 41 1r# . IiI 1 " - if 1I I gg1'' y!q 1 R II ,..'e C s 1 ,, 1 ; .3 c\,,,,,, ° '.‘k, 5 \\ 11 i ,*.,,, ii 1 f/ a' I I'III I .1 1 1. �i # 1 1`1 4 .# 1 i # '2 i 2 Z Z Q i Iii ":0 '""` f ! €I * ,.i : s k d A A I p I. 1' u,, 4,4.4 AA ig I I ,1 i7 F'Y`I 1,. ."� = , ,. i 1,11 III 11031 I I I I.. - va w g I, ' ..r I"#,I II#t 161t'110 E i$ >- x. ccx _/! >t R �8 ",:.i l e it I '"5 I f ll I I y n"%,e4-. sal vs °� �'" f P 1,�. t I t R t_ r 2 i r ■ S �i {�pp �A y s V iE '"i. *ta MM.r.***cF 1...Ste" o^"' *w f i ill ...._ jF. 11 t_ ri (7 3 F :3 ✓ 'A ' 4 1. i l 7 i•4. 5 ,1 9 T. t ii,ry 6,#.#RI P3 11,1=f tt ii 1 I i 1 1b i t t fl 11 1 `" 1 yy . 0 E' 4! 1 111, w 1 1101( w i d it1! jI it 11 E1. jJ t1 r 1; l; HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) • COVE R LETTER - WALDROP ENGINEERING CIVIL ENGINEERING& LMID DEVELOPMENT CONSULTANTS • ne,\ 28100 PONTA0■ANOE D0. 1306 IOWA MINGS.FL 34135 F.239-405-7899 May 2, 2014 Ms. Kay Deselem,AICP Zoning&Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Hacienda Lakes MPUD Insubstantial Change (PDI) Dear Ms. Deselem: Enclosed for your review is an application for Insubstantial Change to a PUD in regards to the Hacienda Lakes MPUD, a 2,262.14+/- acre project located on the east side of Collier Boulevard (CR. 951) in unincorporated Collier County, Florida. BACKGROUND/EXISTING CONDITIONS In 2011, the Property was rezoned from Rural Agriculture (A) and Agricultural Special Treatment Overlay • (A-ST) to Mixed Use Planned Unit Development pursuant to Ordinance 11-41. The MPUD allows for a maximum of 1,760 dwelling units, 327,500 square feet of commercial retail uses, 70,000 square feet of professional and medical office uses, 135 hotel rooms, 140,000 square feet of business park/educational facilities, a public school, and continuation of the"swamp" buggy attraction. In 2013, Taylor Morrison of Florida, Inc. (Applicant), purchased a 152-acre residential tract within the MPUD, generally located south of the Rattlesnake Hammock Extension and 'A mile east of Collier Blvd. The Applicant is developing the parcel, known as Esplanade at Hacienda Lakes, with residential uses pursuant P120120002539. REQUEST The Applicant has constructed walls at the project entry in accordance with the existing approvals and permits. The developer subsequently filed a sign permit application (PRBD2014040942701) to place lettering on the existing wall to serve as the project entry sign. Pursuant to Staffs review of the sign permit it became known that the sign wall height exceeded the maximum height of 8 feet permitted per Section 5.06.02 of the Land Development Code, and the MPUD provided no further relief or deviations from this requirement. Furthermore, it was concluded that the Hacienda Lakes MPUD-Poi Cover Letter/Request Narrative Page 1 of 4 ��y ~.- could not becon�dereda ^boundary marker sign^' which is permitted up to a maximum height of IS feet in. In order to place the letter on the existing sign wall the Applicant is requesting an insubstantial change to the MPUP approval. Specifically, the Applicant is requesting an amendment to Exhibit E of the approved PUD Document, "List of Devations to the LDC", to add a deviation for a 13'hoot tall entry sign No other amendments are proposed as part of this PIN application. The entry sign complies with all required setbacks and the maximum allowable sign face area. The entry signage establishes a common architectural theme that senies as a foundation for signage and design features throughout the community. Please refer to Exhibit"A" attached. JUSTIFICATION/COMPLIANCE WITH LDC@10.02.%3.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in IBC§ 10^OZ.l3.Easfollows: a. A proposed change in the boundary of the PUD; No, the request wil not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously desFgnated as such, or S acres in area; No, the request will not result in a decrease preserve, conservation, recreation, or open space area d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the request for additional entry signage height does not impact non-residential use areas e. 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; • � �e��tw0��o��e��m�/��development. �� --~~'~r Hacienda Lakes Mpno-po| Cover Letter Page 2 of 4 •f. A change that will 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, the reques will not generate a higher level of vehicular traffic. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for storm water retention or increuestoomtva*er discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request does not impact abutting land uses, wr modify any m'�the approved uses, location or landscape buffers.�u �nbuffers. Any modification to the PUD master plan or PLJD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or �NN& intendtyof the permitted land uses; ��/ No, the request does not impact the compliance with the Growth Management Plan. The request is strictly limited to an increase to the ent,y signage height from 8 feet to 13 feet. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)( >Z, an d anyc h an8estoaDR|/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 1002l3' u[ � . ' No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, traffic generation, wmm-npm��,n�o/ land uue4 ordecme�eenv�omxmemtm/ �areas. The request does not meet any of the criterion outlined in F.S. 380.06(19)yeL2. k. Any modification in 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 this LOC section 10.02.13 Nacuencla Lakes mpoo—pm Cover Letter Page 3 of 4 • No, based upon the informal pre-application meeting with Staff held on April 28,2014 the request is not deemed a substantial modification. CONCLUSION: In summary, the proposed Insubstantial Change will serve allow for Esplanade at Hacienda Lake's entry signage to be placed upon the existing 13-foot tall wall at the project entrance. The proposed deviations will allow for enhanced design flexibility and will not negatively impact public health, safety or welfare. This deviation is similar to requests approved for other master-planned communities. The MPUD will remain consistent with the LDC and Growth Management Plan (GMP). Per the Pre-Application Meeting Notes,the following items are enclosed for your review: 1. A check in the amount of$2,925 for the application fees; 2. Fourteen (14)copies of the submittal cover letter detailing the purpose of the request; 3. Fourteen (14) copies of the completed PDI Application; 4. Fourteen (14)copies of the current PUD Master Plan and one(1)reduced copy; 5. Fourteen (14) copies of the Exhibit E of the PUD document in strikethrough/underline format; 6. One(1)original and one(1)copy of the executed Affidavit of Authorization with list of parties in organization; 7. Two(2)copies of the Recorded Deed; • 8. One(1)copies of the approved Addressing Checklist; 9. One (1) copies of the Location Map; 10. Fourteen (14)copies of the Deviation Narrative; 11. Two(2)copies of the Insubstantial Change to PUD Document for the County Attorney's Office;and 12. Three (3)copies of the entire submittal documents on CDROM; Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777 or alexisc@waldroDengineering.com. Sincerely, WALDROP ENGINEERING, P.A. `i CIA Alexis V. Crespo, AICP, LEED AP Principal Planner Enclosures cc: John Asher,Taylor Morrison of Florida, Inc. • Hacienda Lakes MPUD-PDI Cover Letter Page 4 of 4 HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) • APPLICATION • Co tier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierltov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PD1) IBC 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, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED 1 APPLICANT CONTACT INFORMATION • Taylor Morrison of Florida, Inc. Name of Applicant(s): y Address: 551 N. Cattlemen Rd., #200 city: Sarasota State: FL ZIP: 34232 Telephone: (239) 322-3720 Cell: (239) 293-4220 Fax: E-Mail Address: jasher @taylormorrison.com Name of Agent: Alexis Crespo, AICP Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande, #305 city: Bonita Springs State: FL ZIP: 34135 Telephone: (239) Cell: (239) Fax: 239 405-7777 239 850-8525 (239) 405-7899 E-Mail Address: alexisc @waldropengineering.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑ Yes ❑ No • (l 1. If applicant is a land trust, so indicate and name the beneficiaries below. E 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 2/6/2014 Page 1 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 0 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 Disclosure of Interest DETAIL OF REQUEST On a separate sheet,attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Hacienda Lakes ORDINANCE NUMBER: 11-41 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 writter 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 th s property within the last year? E Yes Q 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? ❑Yes 1 No If yes, please describe on an attached separate sheet. 2/6/2014 Page 2 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,Ft PRIER 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 SUBMITTAL 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. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPOtES REQUIRED REQUIRED Completed Application (download curreit form from County website) m ❑ Pre-Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes n C n and why amendment is necessary Detail of request C Current Master Plan & 1 Reduced Copy Revised Master Plan& 1 Reduced Copy _ Revised Text and any exhibits ® ❑ List identifying Owner& all parties of corporation 2 U ❑ Affidavit of Authorization signed & notarized 2 ® ❑ Completed Addressing Checklist 1 ❑ ❑ Copy of 8 Y in. x 11 in.graphic location map of site 1 E ❑ 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. *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: PUD Amendment Insubstantial(PDI): $1,500.00 Pre-Application Meeting: Planning and Zoning Fee-$500.00 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 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Owner Signature Date • John Asner Applicant/Owner Name (please print) 2/6/2014 Page 3 of 5 HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) CURRENT MPUD PLAN • S } 1 I — f, xhibit C i uti itA' ”g --.L7.,-T;:7-774.7-,i ill 1.I .„ it il,f, it it . a II 110 4 ti.,4 h 4 ; :' :...!,v,tv,..v„,,,,,w.s -.:4 ., II .1 I . ....„_ t i 4 I 211 -g sj' 4 I i I t,; : • L y17'; i 1 : I *i, i* x.„1 *:t- x; t 1 irillitni 11 I, m I. to-6 if ti I. IIIIIL NIEL.R: '. 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Ad 4 : " 4•:- tAt illii ,i f f iilliel -;.1i! i! eltIt tiff Ir. 4 :Ill , i !ri" 1 *i4 11' 4144 4;1 :Ai ft!it4i t et A If ' k g 0'1' 0 q 14. 110; I,- . 00 . 4.4 tA 1 4X1 $8 .4 1$4 At ler.r.P..f; 14464 I 114 l' i It' -hi =11 tit-t-i it:ptilt;1 - 1ttj1 i d 1iiti h ! t; f f ffli.9f.,1 ff ,-- --------- .171hst. 410,I;....;; "71 , t,tt,,,„ HACIENDA LAKESOF NAPLES LW 14 A Vatvu.sx•eam k....x... ma,,,..„„, HACIENDA LAKES fpl,A. 4 ri.a. :,...,... -,,,, . ovER ALL MPUD/DRI 24 L_ N MASTER PLAN MPLID/DRI 1 v. v _ ___. ..._ .. . ...... � f HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) • REVISED TEXT ( EXHIBITE) • • • EXHIBIT LIST OF REQUESTED DEVIATIONS FROM LDC Deviation#1 seeks relief from LOC Subsection 6.06.01,8, related to streets in subdivisions,that requires subdivisions to have platted roadrights'of-wayhurstnee<s^ to allow private streets to be provided by separate access easements rather than platted road rights-of way. Deviation #2 seeks relief from LDC Section 5iO4.04.8'5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development, Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD.The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited im LDC Subsection S'O6.U28:6.b. Deviation#4 seeks relief from LOC Section 5.03.02.C.2.that limits fence or wall heights to six(6')feet,to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a foot tall visual screen may be installed as a wall,berm,or wall/berm combination. 11 Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.86.02 CS., that requires a six foot tall opaque architecturally finished masonry walls or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or barm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord's Way. Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.86.02 Q.2,that would be erected off-site from the Residential Tract,in the Commercial Tract Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until:the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in Tract C. Deviation #8 seeks relief from IDC Section S.B6.O4D.1. that limits care unit Floor Area Ratio (FAR) to 0.u5,to allow a care unit FAR uf0.60. Deviation #9 seeks relief from LDC Section S.06.03.B.6' which allows two (2) ground or wall signs per entrance to a residential development with a maximum height of 8 feet' to allow for one (1) wall sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E-2,Esotanade at Hacienda Lakes Entry Sign Location Map. 1-laderida Lakes Pi Words stJuh th1Ougt are deleted; Paget,*1 Last Rev sed June 5,2014 Word underiffled are added | / _� � 0 f �a , : R'''''.---- ;‘,. si / '/ b dd (.\\\ cl-\\ <4,4*, ), a i,, 2} ' 6 } II I Z 117 j1 rY YY Y 2 3 I 4 1 fi \ it ,,, , I—it °,--_-.-- -....—,-- * ‘----____ li i ir,a I A 1 t 1 , Z � $ 0 1 i iii i i R,A i 3I d #;6 rib 6 I i -N� ,j 6 ��'`11 ff 1t W #4 R , I. ..r : 11gt1 4tiiie i j3 J • I .T n e ,......_-._.... W. If 3 is �,�,. ..--... �».�. .— Z�k�` ,. �) ..., ,-. r.... , t 11,...., 11. ----, --.. .. , I ' 1 i I la w; s . . 'n a ' a ' JO : j1. t {t a 7 1 1 Z J..4444..d ,S,(b `°w°* •<. ,''' a a s ■ c 1 . i€ �t< ; 2 i i ua .k" w °'.w, a , j ttp t $ 1 1 = 1, $ 1 $ C t is t t x i t $= , `� 9 1 / g f a Y 9 F3 a , a ' a 1' S $ 0 £ q 3 f[Q iis ,i '' V 14, _at, ,.rra':"�e i t i $ A i • a i X $ !� * a ,i ij , I 9I $I I Ia2ii3 #� 1####### $01#### i :a yt_ a it 1 II If 1i 1 II:p 111+ E vli 1 li 11i 0 11','",1 cc '4∎I 0 ■ ,1114 ,i II g Q ,7 r 1,1 Z I' I1i 0 1 1 14 d !_'II t t ti sIt; uII HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) DEVIATION & JUSTIFICATION NARRATIVE • WALDROP ENGINEERING `� . CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS A !6100 ROM GRIM ON.X866 • MHO MONK R 34185 R 086406-7777 rs ammes-766• JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LDC HACIENDA LAKES PDI Deviation #1 seeks relief from LDC Subsection 6.06.01.6, related to streets in subdivisions, that requires subdivisions to have platted road rights-of-war for streets, to allow private streets to be provided by separate access easements rather than platted road rights-of way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project.The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development.(APPROVED PER ORD.11-41) Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for"boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.(APPROVED PER ORD. 1141) Deviation#4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six(6')feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall/berm combination.(APPROVED PER ORD. 11-41) • Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 CS., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm,or combination thereof will not be required on the Business Park Tract along the frontage of lord's Way.(APPROVED PER ORD.11-41) Deviation#6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2.,that would be erected off-site from the Residential Tract, in the Commercial Tract. (APPROVED PER ORD. 11-41) Deviation#7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the constructior of the bridge to extend Rattlesnake Hammock Road,and/or a new sign can be permitted in Tract C. (APPROVED PER ORD. 1141) Deviation #8 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60.(APPROVED PER ORD. 11-41) Deviation #9 seeks relief from LDC Section 5.06.02.8.6, which allows two (2) ground or wall signs per entrance to a residential development with a maximum height of 8 feet, to allow for one (1) wall sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E-2, Esplanade at i Hacienda Lakes Entry Sign Location Map. a Hacienda Lakes PDI Ceviation Narrative Page 1 of 2 4110 JUSTIFICATION: The deviation is proposed as shown on Exhibit 'A" to allow for one (1)wail sign at a maximum of height of 13 feet at the entrance to the Esplanade at Hacienda Lakes residential community south of Rattlesnake Hammock Rd within the Hacienda Lakes MPUD. The Applicant has limited the request to one (1) wall sign which meets all setbacks and the maximum sign face area prescribed in the LDC.The proposed sign will be constructed on a wall that demonstrates a consistent architectural theme with the rest of the community and will serve as visual enhancement to the development. The MPUD allows for taller residential walls throughout the community, but did not contain a corresponding deviation to allow for entry signage to be placed on those walls in the original approval. Similar deviations have been approved to allow for taller signage within master-planned residential communities,demonstrating that approval of the request will not negatively impact public health, safety or welfare. For these reasons, the Applicant respectfully requests approval of this request. • • Hacienda Lakes PDI Cevlation Narrative Page 2 of 2 ................................. HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(P01) S AFFIDAVIT OF AUTHORIZATION • • Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliertov,net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PD/—PL toil'/ono 7.3 i.John Asher .(print name),as Authorized Agent (title. if applicable)of rett4 Me«iS.pp_ of rdet,fn _(company,If a plicable),swear or affirm under oath.that I am the(choose one)owner/applicantt contract purchaser and that: I. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. µ'ell authorizeµ o•E^vi••rin:ruoa.w.crow° to act as ourmy representative in any matters regarding this petition including 1 through 2 above. *Noses • • If the applicant is a corporation, then it is usually executed by the corp.pres or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company IL.C), then the documents should typically be signed by the Company's 'Managing Member." • If the applicant is a partnership.then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner-of the named partnership. • If the applicant is a trust. then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual. corporate. trust.partnership, estate, etc.. and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. • at- 61g//a Signat , 441M-2.- fkltn - Date STATE OF FLORIDA 'rj��t v (� !�/Y'`_ s L. F1 x t 1 f1C - COUNTY OF COLLIER ��I The foregoing instrument was sworn to (or affirmed) and subscribed before me on Jgl I LI (date) by RsV4c-- (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification)as identification STAMP/SEAL OLMLLIAt JON'S,111 �•��o (1Ci ' NOTARY PUBLIC ' ure of Vora Public STATE OF FLORIDA (1.44-('O. -00115 tss Comm*EE099159 • Expires 8/1/2015 2/6/2014 Page 4 of 5 • WRITTEN CONSENT BOARD OF DIRECTORS OF TAYLOR MORRISON OF FLORIDA, INC. WITHOUT A MEETING [Appointment of John Asher-Authorized Agent] The undersigned, being all of the directors of the Board of Directors (the "Directors") of TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation (hereinafter referred to as the "Corporation"), hereby consent to and authorize the adoption of the following resolution and the taking of any action required or permitted thereby, in lieu of holding a Special Meeting and without notice, pursuant to Florida Statutes and the Bylaws of the Corporation: RESOLVED that effective as of April 1, 2013, and without the further need for recordation in any county in which such authority shall be exercised, JOHN ASHER is hereby appointed as an Authorized Agent of the Corporation to serve in such capacity until his successor is duly elected and qualified, or until his earlier resignation, removal from office or death. FURTHER RESOLVED that as of the Effective Date herein this written consent shall serve to replace in its entirety any and all prior recorded or unrecorded Authorized Agent appointments for JOHN ASHER on behalf of the Corporation. FURTHER RESOLVED that JOHN ASHER be and said Authorized Agent hereby is • authorized, empowered and directed, in the name and on behalf of the Corporation, acting jointly or individually, to execute the following documents on behalf of the Corporation: The Corporation's West Florida Division land development agreements, development approval permits (federal, state or local and including but not limited to FDEP and WMD permits and letters of authorizations), Notice of Commencement forms, Division of Florida Condominiums, Timeshares, and Mobile Homes filings and forms or other state or municipal filings, bonds and surety bonds for public improvement, homeowners' association documents, municipal developer and zoning agreements, professional services and consulting agreements, property easements, site development contracts, subdivision performance and service or other maintenance agreements, utility agreements, water management district agreements, subdivision plats, equipment leases, subcontractor agreements and vendor contracts, so long as any such above-referenced document is required in the ordinary course of business for the entitlement, subdivision and development of real property within the responsibility of the West Florida Division. I • FURTHER RESOLVED that said Authorized Agent is specifically not authorized to execute the following documents on behalf of the Corporation: The Corporation's home sales documents and contracts, HUD-1s and other settlement documents, real property leases, deeds of conveyance, and title closing documents for real property conveyed or purchased by the Corporation. FURTHER RESOLVED that said Authorized Agent has at all times since his appointment been authorized, empowered and directed, and now continues to be authorized, j empowered and directed, in the name and on behalf of the Corporation, to execute on behalf of the Corporation any and all documents es described above, including, but not limited to, acting as its authorized agent, in connection with the West Florida Division. FURTHER RESOLVED that all acts, agreements, petitions or applications undertaken prior to this date and all future acts and agreements executed by said Authorized Agent, and on behalf of the Corporation, are ratified, confirmed and approved as valid and binding acts of the Corporation. FURTHER RESOLVED. that the Corporation's Secretary is hereby directed to place these resolutions in the Corporation's minute book. FURTHER RESOLVED that a facsimile signature hereon or such received by e-mail • delivery of a ".pdf format data file shall have the same legal force and effect as an original signature. IN WITNESS WHEREOF, the undersigned has given his consent to the foregoing resolutions as of the date set forth above (the "Effective Date"). DIRECTORS: / �_�----- Louis E. Steffens, Director r John St a empt• !,Fair_ :r M urice B. Johnson, P y�ector • • FURTHER RESOLVED that said Authorized Agent is specifically not authonzed to execute the following documents on behalf of the Corporation: The Corporation's home sales documents and contracts, HUD-1 s and other settlement documents, real property leases, deeds of conveyance, and title closing documents for real property conveyed or purchased by the Corporation. FURTHER RESOLVED that said Authorized Agent has at all times since his appointment been authorized, empowered and directed, and now continues to be authorized, empowered and directed, in the name and on behalf of the Corporation, to execute on behalf of the Corporation any and all documents as described above, including, but not limited to, acting as its authorized agent, in connection with the West Florida Division. FURTHER RESOLVED that all acts, agreements, petitions or applications undertaken prior to this date and all future acts and agreements executed by said Authorized Agent. and on behalf of the Corporation, are ratified, confirmed and approved as valid and binding acts of the Corporation. FURTHER RESOLVED, that the Corporation's Secretary is hereby directed to place these resolutions in the Corporation's minute book. FURTHER RESOLVED that a facsimile signature hereon or such received by e-mail delivery of a ".pdf format data file shall have the same legal force and effect as an original • signature. IN WITNESS WHEREOF, the undersigned has given his consent to the foregoing resolutions as of the date set forth above (the`Effective Date"). DIRECTORS: Lo s E. ir lir r _ _ 1 / Jo n 'te _�K �Jo . 'lirecter Maurice 6. Johnson, Director • HACIENDA LAKES MPUD • INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) RECORDED DEED • • Ell■ INSTR 4859584 OR 4938 PG 2433 RECORDED 6/28/2013 4:09 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCk1.70 $139,545.00 REC $44.00 CONS $19,935,000.00 el • This Instrument Prepared By: Harold J.Webre,Esquire COLEMAN,YOVANOVICH&KOESTER,PA. 4001 Tamiarai Trail N.,Suite 300 Naples,FL.34103 (239)435-3535 Grantee's TIN: 59-2179728 Consideration: $19,935,000.00 Note to recorder Documentary stamp taxes in the amount of S139,545.00 are being paid on S19,935,000.00 consideration in connection with this Deed as required pursuant to Section 201.02,Florida Statutes SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 28th day of June, 2013, between Hacienda Lakes of Naples,LLC,a Florida limited liability company("Grantor"),and Taylor Morrison of Florida, Inc., a Florida rition--("Grantee"), whose address is 551 N. (corp(9 Cattlemen Road,Suite 200,Saraso"F 44,h2„ ( 1 li..;-.....,\ The Grantor, in consiclet7tiotlf the sum of TEN AND NO(100 DOLLARS($10.00)and other good and valuable considerationtto_4(i‘Orzntotli‘band paid the Grantee,the receipt of which is hereby acknowledged,has granted,batiiiintd,anrcis9144la the said Grantee and Grantee's successors and assigns forever, the,folliwQi dOcOed pr rty, situated lying and being in Oi tuatedi e i ' • Collier County,Florida,to wit A ' ' ' ' " T-- \i \-..:.:../ See Exhibit"A"attaebed hereto and incorporated_berein by reference , r , \ SUBJECT TO: (a) ad valoreand non ad v4°14,ietil property taxes for 2013 and subsequent years; (b) zoning,building-I:cod rd ... ,use,restrictions imposed by governmental authority; (c) matters of record as sct 11 .1,1 .• • bitl`B" attached hereto and incorporated herein by reference; and (d) all post-closing obligations and payments required of Grantee as more particularly described in that certain Agreement for Purchase and Sale between Grantor and Grantee dated July 18,2012,as amended,including: (i) Grantee's obligation to remit payment to Grantor upon funding from Hacienda Lakes Community Development District; (ii) Grantee's obligation to first purchase from Grantor any available impact fee credits; (iii) Grantee's obligation to reimburse Grantor for costs associated with Grantor's construction of a master lift station and force main;and (iv) Grantee's compliance with drainage,construction and other development obligations and responsibilities. And said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but none ! other. Special Warziaty Deed Page No I of 2 OR 4938 PG 2434 S THE HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,OR BOTH TAXES AND ASSESSMENTS,ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY l'HE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY 'I'HE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed the day and year first above written. Signed,sealed and delivered —7.-- ..,-----;;;T6 in our presence: ./` k.,' ---' Hacie4plkes of Naples,LLC,a , / , Florida It •'e• ‘abili co••.... y i, 111P AL • t. ,...._........,,,r, , „.„.., , i 6 ,-'-, AA i -°;1 i \- 1.-T: r-1 , ' , , ) , : :i • 4. i , , 1 I i , Witness W.....0 atuA rie, 0— — r . ,,,,,. ,,,.. 4. 3‘11 ita I''''T',Med N. • 7,--. , /aft . AA. - ( Zer:0'"AO ,4*(1411M9r41110/0` ,,VS'''''/ Snture. Ili:1:4131,--- -\ Witness 2-Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this,.1 •;y of June,2013, by David E. Torres, as Manager of Hacienda Lakes of Naples, LLC,a •rida limited liability .,59papan , who is personally known to me or who has produced as identification. if ' --- IIIIP Ala soilimioto 0 Ntio.ERso ii,,, ' +‘''''...** '"••• .. /111PrjrdPPWADIPIIW 4 i I 60"7-4;49 "Volar},Pub rcan.-et.tUrr 4,11.PSCilto,20Etilre ':\ SS, 1110 . :r. Print N: •e: IP Alt A L..-- = Vi. .4, • -illt-' (SEAL) !--:: 1 1' 0 !Ea..= 1,16.....4,, airt•to./(51,'.Z.k /40/iiifinhe Spacial Warranty Deed Page No 2 or2 OR 4938 PG 2435 Exhibit"A" HACIENDA LAKES OF NAPLES TRACT A A TRACI OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION 23,TOWNSHIP 50 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION 23,SAID LINE BEING THE BASIS O GS ,115.1S DESCRIPTION, S.89°0 1'58"W.,FOR 30.03 FEET TO A POII O RE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD NI THE POINT OFBEGINNING OF THE HEREIN DESCRIBED PARCEL; i' 7. --- l i THENCE CONTINUING ALONG SAII;1 EAST- EST OfIUARTER SECTION LINE, S.89°01"58"W.,FOR 1,298.48 ,� Via:Kg" 5 - IRON I7 D WITH CAP LB 6990 "I .- MARKING THE NORTHEAST,C,ORNER OF THE 1RTHW ',ONE QUARTER OF THE SOUTHEAST ONE QUARTEX,9PSAID QUARTER SECTION 2 ; THENCE ALONG THE EAST, Et SOUTH AND WEST LINES OFT ORTHEAST ON QUARTER OF THE NORTHWEST ONE QUARTER O SAID S3II.THEAS1 ONEE QUARTER THE FOLLOWING THREE(3)COURSES: ` /ill' ,,- 1. THENCE S.0I°I 8'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER; 2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 518"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; 3. THENCE N.01°14`38"E.,FOR 675.75 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE; THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W,, FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF SAID SECTION 23; THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°0I'I5"E.,FOR 1,699.99 • FEET TO A 518"IRON ROD; THENCE S.88°58'45"E.,FOR 445.48 FEET; OR 4938 PG 2436 THENCE N.01°01'15"E.,FOR 400.00 FEET; THENCE S.88°5845"E.,FOR 151.77 FEET; THENCE N.01°0115"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A POINT ON A CURVE; THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING SIX(6)COURSES: 1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL ANGLE OF 1692'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82°44.2rE FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE; 2. THENCE EASTERLY 297.08 FEET ALONG ME ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 28'22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR 294.05 FEET TO A POINT OF COMP,0120:gURVATVRE; 3. THENCE EASTERLY 211.21 Fv-iLogo—TRE----4,q-tiE A COMPOUND CURVE TO THE RIGHT HAVING A RADUS4)Y1,040.00 FEET 1JH A CENTRAL ANGLE OF I 1°38'09"AND BEING SUBTENI1E1)*A'CHORD'WHIC*BEARS S.7I*I0'49"E.FOR 40 210.84FEETT0ApormrafR4 144,„ 4. THENCE EASTERLY 546.89,FEEVALO€ *ME \fp A REVERSE CURVE TO THE LEFT HAVING A RADIUS9 „,,..14wOnovpiirAcENTRAL ANGLE OF 27°00'44"AND BEING SUBIO'DED BY A CHORMWHICHiiiARS S.78°521/7"E.FOR 541.84 FEET; / 5. THENCE N.87°3731"E.,F468*FEET TO A P007:4CURVATURE; 6. THENCE SOUTHEASTERLY tt • 11,-ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A i S 4?OM.FEET THROUGH A CENTRAL ANGLE OF 90°57'22"AND BEING SUBTENDED BY A CHORD WHICH BEARS SA6'53'48"E FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE; THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR(4)COURSES: I. THENCE SOUTHEASTERLY 95548 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00156T. FOR 928.70 FEET; 2. THENCE SA8°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE; 3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.23'34'I 9"E.FOR 880.38 FEET; 411, 4. THENCE S.01°2807W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. *** OR 4938 PG 2437 *** Exhibit"B" I. Roadway easement reserved in deed recorded in O.R.Book 289,Page 568. 2. Use restriction affecting subject land, set forth in deed from Everglades Sporting Clays Association,Inc.to Team Synervision of Naples,Inc.recorded in O.R. Book 2590,Page 2071. 3. Use restrictions contained in deed from Vision & Faith, Inc. to Collier HMA, Inc. recorded in O.R.Book 3241,Page 3460. 4. Environmental Resource Permit Notice by South Florida Water Management District recorded in O.R.Book 3845,Page 2681. 5. Construction of Improvements Clixfp----rtth'rtta*Tiasement Agreement recorded in O.R. Book 4524,Page 215,as a9:4te4 ancirestited ii413ook 4819,Page 3099. 6. Notice of Surface Watt Management-Permit,by the South Florida Water Management District recorded in O.R.Book,4,765,-fte404—, ---? 7. Ordinance 75-20 (water)recrd„. 0.P.,.,Book "09Pa0 1177 and Ordinance 75-21 (trees)recorded in 0.14ok 619,Page 1182. 8. Collier County Ordinance4TO:91)-87 establishing a`,Inolrnal sewer system and providing for impact fees. 9. Notice of Department of the Army Permit recorded in O.R.Book 4845,Page 2209. 10. Notice of Establishment of Hacienda Lakes Community Development District recorded in O.R.Book 4852,Page 1137. IL Declaration of Consent to Jurisdiction of Hacienda Lakes Community Development District and to Imposition of Special Assessments recorded in O.R. Book 4928, Page 3894. 12, Collateral Assignment and Assumption of Development and Contract Rights Relating to Hacienda Lakes Recorded in O.R.Book 4928,Page 3907. 13. Terms and provisions of Temporary Ingress and Egress Easement granted by Hacienda Lakes of Naples,LLC to Taylor Morrison of Florida,Inc.recorded of even date herewith. • All of the recording information contained above refers to the Public Records of Collier County, Florida. HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) COMPLETED ADDRESSING CHECKLIST • Co tier County S COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- aoolication meetino please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below. complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) C FP(Final Plat ❑ SNR(Street Name Change) ELI_A(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) CI OTHER Poi LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) 23 50 26 THAT PORTION OF SEC 23 AS DESC IN OR 4938 PG 2433 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00434200007 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplat:ed properties) PROPOSED PROJECT NAME (if applicable) HACIENDA LAKES MPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) • SOP or AR or PL# PL20120002539 Co er County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing'n, condominium documents (if application, indicate whether proposed or existing) Esplanade at Hacienda Lakes Please Check One [ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: LINDSAY RODRIGUEZ- Iindsay @waldropengineering.com PHONE 405-7777 FAX 405-7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval • and is subject to further review by the Operations Department. FOR STAFF USE ONLY �/ �j FLN Number(Primary) MO 4 20©O07 Folio Number Folio Number Folio Number Approved by: ,-/bi e4 / Date: 5_ 2- Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • it HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(POI) • LOCATION MAP • I ATTACHMENT El ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP • PDI-PL2014-0000973 `"-- 1 ' WORTH II I , __ _____J "m' �-- IENTRY SIGN ‘.....-•"'"--r----€ PROJECT DRI A1 SITE BOUNDARY , RA'CIL83N �+ (CR,864) • f a L. t /^^''" d ' 4-- f 1 1 .. 1 . } • HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PM) • SIGN EXHIBIT { S :1111,11 . ..1, C ■, • 1.. 3.E . ,, .... .4.- . , --.. , . .., - . . , . . +.,'..h... ' ...' ' • . . •• ' l''.* 0 i 1.;■ '1. '',.. •,... , . ...,. ... . , ), '4■A ow ,,. . ' , .• / ' ' ' ''': ' ' • : ti -' *-• 1 t ..II ( n 11 Z 1 . ... .•N..4., • . • '1 0 I : ... , .. > ' • . • . i 1 i W .1• .„, ..e. .'1. ' ,' f:',_ ■ ..... ... . . . 1 • k I•LI " • .,... . „,:("-,. 611 ! • Z 1 t, ,. t....1 ‘01 , "f ' - \4, ••:. ..• . „ ' ..' N'.; '• '.1. `• , . , !' • ' . ; -•,' - ;f r-• ; ;', pl .• •....!! Z ' : • ___. ....... . . s .: , • -....., i . -.. ° ", .-- ,, '• ° . .- 4 '• - -' • , . , t . , • ,. ,-.. --- , ..... - • ....,; ... _,.- . .. , , .- . i'I .• . • . - , -.... . s•L- ...'a ' r '..;•• .... - . •i ■ -1, ! •••> ...% - ',,, ‘.I Ft': • . .. , i4r41 i•' , , • --..,.. . ,, .....-14. Z 1 --'•. ' )--4 P-0 14CCBOCC COLLIER COUNTY BOARD OF COUNTY Taylor Morrison of Florida, Inc. - SAR COMMISSIONERS Check Number 14000-00043871 2685 S. Horseshoe Dr. Check Date May 2, 20:4 • Naples, FL 34104 Date Invoice Reference Payment Amt Retention Discount lic. WHold. Total Payment 14000 Taylor Morrison of Florida, Inc. • SAR 05/01/2014 EspHL POI App Fee 14130100-HI ESP LD-009000 2,925.00 .00 .00 .00 2,925.00 Total Remittance 2,925.00 .00 .00 .00 2,925.00 THE FACE OF THIS DOCUMENT IS PRINTED BLUE-THIS DOCUMENT CONTAINS A WATERMARK-VERIFY FOR AUTHENTICITY Wachovia Bank, NA Taylor Morrison of Florida, Inc. - SAR Pensacola. FL 32501 63101'632 551 N Cattlemen Rd Suite 200 Sarasota. FL 34232.6421 Date Check Number VOID AFTER 120 DAYS May 2, 2014 14000-00043871 Amount Pay Two Thousand Nine Hundred Twenty Five Dollars 00 Cents• $2,925.00 sULI er To Per The COLLIER COUNTY BOARD OF COUNTY Order COMMISSIONERS 1 �,W�� Of 2685 S. Horseshoe Dr. Per Naples, FL 34104 PAYABLE IN U.S. DOLLARS fi 11'000438 ? 1:0632 LOL251: 20 79900 56 2 3 181" • HACIENDA LAKES MPUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) SIGN POST AFFIDAVIT PHOTOS • 1• SIGN POSTING INSTRUCTIONS 11 (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 sign(s 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 1111 BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Alexis Crespo 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 PL20 • 1•73 _ . 41.4 . 28100 Bonita Grand e Drive. Suite 305 SIGNA .. O A'I ICANT OR AGENT STREET OR P.O.BOX Alexis Crespo Bonita Springs, FL 34135 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this UT" day of_ON)1142., ___: 20111. by '0.40r,.is QSop personally known to me or who .roduged as identification and who didfdid not take an oath. / _ . JACQUELYN LAROCOUE it wee of (Tory Public A�� 2 Notary Public -State or Flow) My Comm Expires Oct t' ? I.. . Corrmrss1on N F g,. ,, Printed', 2 e o o ar'Pu•liie My Commission Expires: S (Stamp with serial number) F.\WebsiteAFFIDAVIT AND SIGN POSTING INSTRUC—IONS 5-2-05 doc • • • • z '4 y AGENDA ITEM 4-B CallintY MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 10,2014 SUBJECT: PETITION NO: PDI-PL20140000562, BRISTOL PINES RPUD Applicant: Agent: Owner: Neal Communities of Southwest Alexis Crespo,AICP Bristol Pines Community Florida, LI,C Waldrop Engineering, P.A. Association, Inc. 5800 Lakewood Ranch Boulevard 28100 Bonita Grande Drive, 3358 Woods Edge Circle, Sarasota, Fl 34240 Bonita Springs, Fl 34135 Bonita Springs, Fl 34134 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Bristol Pines RPUD to allow the following changes: • To amend the Bristol Pines RPUD Ordinance 05-64 to accommodate an off-premise real estate sign. Specifically the applicant is requesting, as shown in the application, a shared real estate sign to advertise new home sales for both the Bristol Pines development as well as the Buttonwood Preserve RPUD development, also known as Canopy. This request also requires five deviations from the Land Development Code (LDC) which are discussed later in this report. GEOGR.API DC LOCATION: The subject property, consisting of =42.61 acres, and located at the southeast corner of Collier Boulevard and Tree Farm Road. The property is in Section 35. Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PDI-PL20140000562:Bristol Pines RPUD Page 1 of 10 July 10,2014 Hearing Examiner Last Revised: .June 18, 2014. ILd[;0„ /- ■V`, ■ V Imin rr.........l, ,t,,r ., ! �V t 1 i u< II, ,:: I o ,;?:',::::,.:',:".::::``°!:.;:_::,,.'...'-:I. soeacaeo V + ��i1i W 0 i�nu,>�,4 ; ICI V WI,'': g 00� Z 1.V , J, ...,„ 4 \-- _ '.--Uills. ' '"; ' . :: �■�■�� rrn „u,l•, II 1.11 . lll O AB i .5 .t. tO Lo Tr IIe,110.1111 0 CV J d Tqi CU 101, 0 a a Z R o a s - I R a R 6s Of •#5 � °3315 5 5 w ay ; a .1 R R ILHIi.2 9 gl' 8 R C G• a RR • — "g5 -i$ 'a5 ■ -,1 \--1: il' O , swam 1 , a 0 r ,le I: i6g\e �[ i! �L 1° A g5 ' Iii . 115 Rn a e w 31= I a R lb tt i5 ° b r Bristol Pines RPUD Buttonwood atca Canopy Preserve RPUD py i _ ..,M. .t M�M z' V•.f bar . { ,a tmq �r ?.I ��11lNNINali1 f11'l4 1 4 1111 111W I 11 # t'.411:1tt!441 jifimillll• ? « i . . Y 'v tit K I w àivp' �, i1 d,i Art llit111#i atl 415,1 jy� ' ' @ ° millIli Fr. '4.,.1+,ai,:itt11r•sNta,11110 411,* "4 1A ij. r. A11�t+, iiiiiillllll1ilfl1I ittltllll r NM aroma'lit Pry f - "` �llllhll1llllll ttt� .n�. blob it, 1. �. err = ' ' in MIMI FEW `' --- - =� 11d�9HuIIIi11III1 4.1111:4 40V ait L3 ;r, 3 IIIIIIII�r�iI1i �liI�iIM ► �k , IMMO** .. ' 4 , ... . . •■Y ��. "' ; a-soft Aerial Photo(subject property depiction is approximate) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Bristol Pines RPUD was originally approved on February 24, 2004, in Ordinance Number 04-10, which was repealed on November 15, 2005, by Ordinance Number 05-64, which allows for a maximum of 292 dwelling units. This requested amendment would provide for the addition of a shared real estate sign to advertise new home sales for the Bristol Pines and Buttonwood Preserve developments. The sign falls under the off-premise sign designation because it will include signage provisions for the benefit of the Buttonwood Preserve RPUD that is directly west of Bristol Pines(see aerial photo above). PDI-PL20140000562: Bristol Pines RPUD Page 3 of 10 July 10, 2014 Hearing Examiner Last Revised ,June 18,2014, ANALYSIS: The petitioner is seeking approval of five deviations from the requirements of the LDC. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: Ills further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs may depart from the strict application of setback, height, and minimum tot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished and while protecting the public interest. Deviation #1 seeks relief from LDC Section 5.06.04.G.1, which permits off-premise signs only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs, to allow a v-shaped off premises sign within the Bristol Pines RPUD. The proposed off- premises sign is a shared sign serving the Bristol Pines PUD and the Buttonwood Preserve PUD known as Canopy. The sign will be limited to the duration of new home sales by the developers within the Bristol Pines and Buttonwood Preserve PUDs, and the sign will be removed once new homes sales by the developers are complete. The sign copy will be the same for both sign faces. Petitioner's Rationale: The applicant's agent has provided the following justification: The proposed real estate sign is a shared sign that will serve both Bristol Pines and Canopy and is not a bonafide off-premises sign. The shared sign is intended to direct traffic to the Canopy community which is open for sales of single-family homes in accordance with Ordinance 13-18 (aka Buttonwood Preserve RPUD), as well as Bristol Pines Phase Two, which is opening for sales in Phase two. The proposed sign is a "real estate sign"as defined by the LDC and is not proposed in perpetuity. The Canopy development has no frontage or visibility on Collier Boulevard and Tree Farm road which it provides access for the development is not a through road and currently terminates at the project entrance. The proposed signage will serve to direct traffic to the Canopy development thereby preventing potential congestion and/or unsafe movements on Collier Boulevard by potential buyers lookingfor the development. The sign will also increase visibility for both developments from a sales standpoint and help to effectively market the communities to potential buyers. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Staff notes however that the proposed sign location is within a tract reserved for a future Collier County Water Supply Well Site(CCWSD). Therefore staff recommends that an agreement be required between the developers and Collier County Utilities within 90 days of the approval of this petition stating that the developers will remove the sign within 60 days notice from Collier County Utilities. Additionally, as outlined in the application the proposed sign is temporary limited to the duration of new home sales within both developments. Therefore staff recommends that the proposed POI-PL20140000582:Bristol Pines RPUD Page 4 of 10 July 10,2014 Hearing Examiner Last Revised: Juno 12,20.1-47June-467-2014,gune 18,2014, temporary real estate sign be removed within 60 days of the last new residence sale by the project developers. Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3.the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community." and LDC Section 10.02.13.8.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section 5.06.04.G.2, which allows for a maximum sign area of 12 square feet for off-premises signs, to allow for a maximum sign area of 64 square feet for the proposed off-premises sign. Petitioner's Rationale: The applicant's agent has provided the following justification: LDC 5.06.02.B.2 allows properties over 10 acres in size to have one real estate sign with a maximum of 64 square feet per street frontage. Therefore, the applicant is not requesting a larger estate sign than would be permitted on Bristol Pines property by right. The sign is shared and is not a bonafide off-premises sign as noted above. Therefore, allowing for a sign area as permitted on residentially zoned property of this size is consistent with the intent of the LDC. Isis understood that Bristol Pines may not exceed the number of signs permitted by LDC 5.06.02.B.2, thereby preventing signage proliferation on the property. Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and I.DC Section 10.02.13.8.51.the petitioner has demonstrated that the deviation is "justitied as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation#3 seeks relief from LDC Section 5.06.04.G.21, which allows for a maximum sign height of 8 feet for off-premises signs,to allow for a maximum sign height of 15 feet for the proposed off- premises sign. Petitioner's Rationale: The applicant's agent has provided the following justification: LDC 5.06.02.112 allows properties over 10 acres in size to have one real estate sign with a maximum height of 15 feet per street. Therefore, the applicant is not requesting a taller real estate sign than would be permitted on Bristol Pines property by right. The sign is shared and is not a bonafide off-premises sign as noted above. PDI-PL20140000562:Bristol Pines RPUD Page 5 of 10 July 10,2014 Hearing Examiner Last Revised: June-1.2-,-204-40-461-2044,June 18,2014, Therefore, allowing for a sign height as permitted on residentially zoned property of this size is consistent with the intent of the LDC. It is understood that Bristol Pines may not exceed the number of signs permitted by LDC 5.06.02.B.2, thereby preventing signage proliferation on the property. Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is"'ustified as meetin_ .ublic u •oses to a de_ree at least e•uivalent to literal a,•lication of such regulations." Deviation #4 seeks relief from LDC Section 5.06.04.G.2.e, which requires off-premises signs to be located no more than 1,000 feet from the use for which the sign is displayed, to allow the proposed off-premises sign to be located no more than 1,520+1- feet from the use for which the sign is displayed. Petitioner's Rationale: The applicant's agent has provided the following justification: The western corner of the Buttonwood PreservelCcmopy RPUD is 1,520+/-linear feet east of the proposed sign location The proposed signage location is the closest available location on the Bristol Pines property in proximity to the Canopy property line that achieves visibility fOrm Collier Boulevard Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02,13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 5.06.04.G.3, which requires off-premises signs to be located a maximum of 50 feet from a residential zoning district, to allow the proposed off-premises sign to be located within a residential zoning district. Petitioner's Rationale: The applicant's agent has provided the following justification: This deviation is a housekeeping request to support the above deviation to allow for off- premises signage in a residentially zoned portion of a PUD. Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the PDI-PL20140000662'Bristol Pines RPUD Page 6 of 10 July 10,2014 Hearing Examiner Last Revised: 4uoe-1-21-2044,June46720-14,June 18,2014, deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." The applicant provided in the application Exhibits A, B, C and D to show the conceptual sign layout and the site location of the proposed sign. PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: 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 and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 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 Bristol Pines RPUD. 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. 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. 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. 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. PDI-PL20140000562:Bristol Pines RPUD Page 7 of 10 July 10,2014 Hearing Examiner Last Revised . : - , ,June 18,2014, f. 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, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation.Manual. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. 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 changes are specific to internal features of the development. Are there any modifications to the PUD Master Plan or PUB 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 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 PUB 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 Bristol Pines RPUD is not a Development of Regional Impact(DRI). k. Are there any modifications to the PUD Master Plan or PUB document or amendment to a PUB ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? PDI-PL20140000562:Bristol Pines RPUD Page 8 of 10 July 10,2014 Hearing Examiner Last Revised: ,June 18,2014, Based upon the analysis provide above, the proposed changes are not deemed to be substantial. NEIGHBORHOOD INFORMATION MEETING (NIM): The LDC does not require NIM's for PD!petitions. 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. The staff report for the latest rezone PUDA-2004-AR-6084 is provided as Attachment B of this report, and includes Attachment C, Rezone Findings, and Attachment D, PUD Findings. This amendment does not negatively impact any of those findings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated June 12, 2014 for PDI- PL20140000562 on June 16,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000562 subject to staff's recommended action on the deviations below: Approval of Deviation 1 with the stipulation that within 90 days of the approval of this petition the developers will complete an agreement with Collier County Utilities Department regarding removal of the proposed sign within 60 days of a removal notice request. Approval of Deviation 1 with the further stipulation that the sign will be removed within 60 days of the last residence sale by the developers of Bristol Pines and Buttonwood Preserve. Attachments: A. Proposed changes to PUD B. Application C. Ordinance number 05-64, Staff Report and Findings PDI-PL20140000562-Bristol Pines RPUD Page 9 of 10 July 10,2014 Hearing Examiner Last Revised: Juns42,2044,.kme-1-6r2044,June 18,2014, PREPARED BY: 1, 12 14 I H EL S• WYE , PROJECT MANAGER DATE PLAN ING AND •NING DEPARTMENT REVIEWED BY: C 1 3 ' 14- RAYMO/1 V. BELLOWS. ZONING MANAGER DATE PLANNI IG AND ZONING DEPARTMENT r - 6 _ 17- Iy MICHAEL BOSI. AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PDI-PL20140000562: Bristol Pines RPUD Page 10 of 10 July 10,2014 Hearing Examiner Last Revised: June 12,2014, Bristol Pines RPUD—Insubstantial Change P12014-0562 Exhibit A REVISED PIED DOCUMENT TEXT/PROPOSED DEVIATIONS TABLE OF CONTENTS List of Exhibits,Tables and Appendix Statement of Compliance ii Section I Property Ownership and Legal Description I-1 Section II Project Development Requirements II-1 Section III Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-1 Section VI Development Commitments VI-1 Section VII Deviations from the LDC V11-1 Appendix"A" Typical Cross Sections A-1 Bristol Pines RPUD PL2014-0562 Strike-through text is deleted Last Revised: May 14,2014 Underline text is added LIST OF EXHIBITS,TABLES AND APPENDIX EXHIBIT"A" RPUD MASTER PLAN APPENDIX"A" TYPICAL CROSS SECTIONS EXHIBIT"B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE H DEVELOPMENT STANDARDS EXHIBIT"C" OFF-PREMISES SIGN LOCATION EXHIBIT"D" SIGN LOCATION/UTILITY EASMENT INSET Bristol Pines RPUD PL2014-0562 Strike-through text is deleted Last Revised:May 14,2014 Underline text is added SECTION VII DEVIATIONS FROM 1HE LDC Deviation 1: Deviation from LDC Section 5.06.04.G.1,which permits off-premises signs only in nonresidential zoning districts, agricultural districts, and designated nonresidential components of PUDs, to allow a v-shaped off-premises sign within the Bristol Pines RPUD. The proposed off-premises sign is a shared sign serving the Bristol Pines PUD and the Buttonwood Preserve PUD known as Canopy. The sign will be limited to the duration of new homes sales by the developers within the Bristol Pines PUD and Buttonwood Preserve PUD and the si will be removed once new homes sales by the developers are complete. The sign copy will be the same for both sign faces. Deviation 2: Deviation from LDC Section 5.06.04.G.2.a, which allows for a maximum sign area of 12 square feet for off-premises signs, to allow for a maximum sign area of 64 square feet for the proposed off-premises sign. Deviation 3: Deviation from LDC Section 5.06.04.G.2.b, which allows for a maximum sign height of 8 feet for off-premises signs, to allow for a maximum sign height of 15 feet for the proposed off- premises sign. Deviation 4: Deviation from LDC Section 5.06.04.G.2.e. which require off-premises signs to be located no more than 1,000 feet from the use for which the sign is displayed, to allow the proposed off-premises sign to be located no more than 1,520+/- feet from the use for which the sign is displayed. Deviation 5: Deviation from LDC Section 5.06.04.G.3, which requires off-premises signs to be located a minimum of 50 feet from a residential zoning district, to allow the proposed off- premises sign to be located within a residential zoning district. Bristol Pines RPUD V11-1 PL2014-0562 Strike-through text is deleted Last Revised: May 14,2014 Underline text is added Bristol Pines RPUD—2"d Submittal P12014-0562 REVISED EXHIBIT "C" OFF-PREMISES SIGN LOCATION r �t !.. O ScS"AffiG Aa.' .. "M 4 g � i (i14 i :v n i Q v d JH�..._. ._...... V n 1 `o7 J7 n , ri Q w .n . THH O 4 V �.. _ U Cl) d W es / @a@a S��`'� ¢r • QQ .x Rf t 33 W i ♦. ' »<� � ..«....w..s—. _v. �.e.....�.� .w.e m«....e.«.. .... ....... .........� r. n.`., t tY�q`aj W s3A< Bristol Pines RPUD—2nd Submittal P12014-0562 EXHIBIT "D" SIGN LOCATION/UTILITY EASEMENT INSET EXHIBIT"D" SIGN LOCATION/UTILITY EASEMENT INSET i i OFF-PREMISES SIGN LOCATION i .. . . . .„.. ..... ..._..... ..._ „....... ...... . co, 40.03' 67/,7 T 1, 98,77' .... 26.50 26,50' * t.' c" S. TRACT 'W L25 o 1„. CPU 131:1C,"sr qt.TER. 3114. ‘-.709' 6'.,:> '6'0 CS ci %1411"*.7i.Via ii,C.14.t.) '143' 'PO. 4 -' 5 u 1 6 '1 7 77 *DEDICATED TO COLLIER 3 0 4',. S- 49.. ,:„ COUNTY WATER-SEWER r.) d -8 o DISTRICT PER PB 43 PG 78 1 4. 9 2 -9›, ,-1--- — — — — -- , --- – C61 25.93' 26.50' 26.50' 'So, 0be ..- ,.." 15' D.E. - / cp m 1 /on - 1 ,--- ("r 1 4.c) . . 's 94.75' (J I NEP-46'24*E 101,24' (-) / co i 1 In i ; o 1 I TRACT a R—1 1' ' 1") •■ Bristol Pines RPOD—Insubstantial Change • P120140562 Exhibit B COVER LETTER/DETAILED DESCRIPTION OF THE REQUEST • • N�N N�NGINEE__RIN�� crinALPERRp4608, • April 1,201 Mr. Michael Sawyer Zoning& Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Bristol Pines RPUD—Insubstantial Change(POI) P12014-0562 Dear Mr.Sawyer: Enclosed for your review is the Insubstantial Change boa PUD in regards to the Bristol Pines RPUD ("Property"), a 42.61+/- acre project located at the southeast corner of Collier Blvd. and Tree Farm Rd. in unincorporated Collier County, Florida.The Property is within Section 35,Township 48 South, Range 26 East, and is desi nata�xvithintheUr�mnRas1dentia| Subdistrict��rthe [oUier[ountyFuture Land - ��N� Use Map. �� BACKGROUND/EXISTING CONDITIONS: In 2005, the Property was rezoned from Rural Agriculture(A)to Residential Planned Unit Development pursuant to Ordinance No. 05-64,which allowed for a maximum of 298 dwelling units, accessory uses and associated infrastructure. The approval allowed for bonus density subject to an approved Affordable Housing Density Bonus Agreement Phase I of the development is fully built-out with 156 townhome units and associated amenities and recreational areas. Phase I| is platted for the development of 132 townhomes units and associated infrastructure. Bristol Pines is immediately west of the 53.8-acre Buttonwood Preserve RPUD(AKA Canopy), approved per Ordinance No. 07-42 and amended per Ordinance No. 13-18. The project is currently under development for 108 single-family dwellings. REQUEST: Neal Communities of Southwest Florida, LLC ("Applicant"), the owner and developer of the Canopy development, is requesting an amendment to Ordinance No. 05'64, the Bristol Pines RPUD, to accommodate an off-premises real estate sign. As demonstrated in the attached application materials, Bristol Pines POI—p12oi*-0562 Cover Letter/Request Narrative Page 1 of 5 the Bristo Pines Community Association Inc. and Bristol Pines, LLC(owner of Phase II) have authorized Neal Communities to apply for this deviation and are supportive of the request. The signage is proposed as a "shared" real estate sign to advertise new homes sales in both Bristol Pines Phase II and Canopy. Therefore, it is not bpna0deoff-premnises sign, but a unique type of sign that recognizes cooperation between the neighboring communities due to Canopy's lack of visibility from the Collier Blvd. corridor. The proposed sign is double-sided and will not exceed 64 square feet in area and 8 feet in height. The off-site sign will be located at the northwest corner of the Bristol Pines RPUD, at the corner of Collier Blvd. and Tree Farm Road. Specifically, the sign will be located in Tract W of Bristol Pines Phase I, as shown on Exhibits"C" and "D" enclosed within this application.The real estate sign will be setback a minimum of 10 feet from the property line in accordance with LDC§5.06.04.G.2.c. The request is for permanent off-site signage. The sign will be limited to the duration of new homes sales within each community,and will be removed once new homes sales are complete. The request requires four (4) deviations from LOC §5.06.04'G, which are enclosed in the attached Deviation Justification Narrative. JUSTIFICATION: �� —~ There are several factors unique to this request that will ensure the proposed shared real estate sign is consistent with the intent of the County's sign code,and will not result in signage proliferation. 1) Canopy has no frontage or visibility on Collier Blvd., and Tree Farm Rd. is not a "through" road, i.e. the road terminates at the project the entrance. The signage will serve to direct traffic to the p 'ecttherebVpreventingmmtenba| canQ*utionand/orunsafemnavernentuonCP|)ie, Bk/d. by potential buyers looking for the development. The sign will also increase visibility of the community from a sales standpoint, and help to effectively market the community to potential buyers. 2) LDC §5/0602'0.2 regarding real estate signs on residentially zoned property allows properties over 10 acres in size to have one(1) real estate sign with a maximum sign area of 64 square feet per street frontage. Therefore, the Applicant is not requesting larger signage than would be permitted on Bristol Pines property by right. It is understood that only one (1) real estate sign is permitted per street frontage. 3) As noted above, the proposed real estate sign is a shared sign that will serve both Bristol Pines and Canopy,and is not bonafide off-premises sign. 4) The request is for a real estate sign,not a permanent project entrance sign,and will be ��/ rernm*edonce navvhommasales are cmrnp|mtein each cornrnun|tV. �� Bristol Pines PM-pL2n14-05an Cover Leua/Requeuwurromw* Page zoys 5) The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No,the request for shared real estate signage does not impact the PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved number of dwelling units. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area; No,the request will not result in a decrease preserve,conservation,recreation,or open space area. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; • No,the request will not increase the size of areas for non-residential uses. e. 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; No, the request will not result in an increase to the external Impacts of the development including traffic generation or impacts on public facilities. f. A change that will 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, the request will not increase the project's trip generation. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. Bristol Pines PDI—PL2014-0562 Cover Letter/Request Narrative Page 3 of 5 h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request does not impact abutting land uses, or modify any of the approved land uses, location of uses,or landscape buffers. i. Any modification 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 element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request for a shared, real estate sign does not impact the project's compliance with the Growth Management Plan. As noted above, the request does not propose to modify the approved density and/or land uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. §380.06(19). Any change that meets the criterion of F.S. § 3800.06(19)(e)2, 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 this LDC section 10.02.13;or No,the RPUD is not located within a Development of Regional Impact k. Any modification in 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 this LDC section 10.02.13 No, based upon meetings with Staff, the request for shared real estate signage is not deemed a substantial modification. CONCLUSION.. In summary, the proposed Insubstantial Change is requested to allow for a shared, off-premises real estate sign in the Bristol Pines RPUD. The sign is proposed for the duration of new homes sales within each community, and is not proposed in perpetuity.The LDC permits real estate signs up to 64 square feet in area per frontage on residentially zoned properties exceeding 10 acres in size. Therefore, the request is consistent with signage allowance permitted on the Bristol Pines property, which will ensure the request will not result in signage proliferation. The signage will serve to direct traffic to the project thereby preventing potential congestion and/or unsafe movements on Collier Blvd. by potential buyers looking for the development. The sign will also • increase visibility of the community from a sales standpoint, and help to effectively market the 6 Bristol Pines MI—PL2014 0562 Cover Letter/Request Narrative Page 4 of S community to potential buyers. Lastly,the request does not trigger the substantial change thresholds, as described above. Per the Pre-Application Meeting Notes,the following items are enclosed for your review: 1. A check) in the amount of$1,925.00 for the application fees; 2. Seven(7)copies of the submittal cover letter detailing the purpose of the request; 3. Seven(7)copies of the completed PDI Application; 4. Seven(7)copies of the Pre-Application Meeting Notes; 5, Seven(7)copies of the current PUD Document&PUD Master Plan; 6. Seven(7) copies of the proposed text changes/deviations for addition to the PUD Document; 7. Seven(7)copies of the Deviation Justification Narrative; 8. One(1)original and one(1)copy of the executed Affidavit of Authorization; 9. One(1)copies of the approved Addressing Checklist dated 3/25/14; 10. One(1)copies of the Location Map;and 11.Two(2)copies of the entire submittal documents on CD-ROM; Should you require additional information or have any questions, please feel free to contact me directly at(239)405-7777 or alexisc @waldropengineering.com. Sincerely, WALDROP ENGINEERING,P.A. • 1: Alexis V.Crespo,AICP, LEED AP Principal Planner Enclosures cc: Michael Greenberg, Neal Communities of Southwest Florida, LLC • } Bristol Pines P01—P12014-0562. Cover Letter/Request Narrative Page 5 of 5 Bristol Pines RPUD—Insubstantial Change P12014-0562 DEVIATION JUSTIFICATION NARRATIVE • �`a - WALDROP ENGINEERING , \ CIVIL ENGINEERING gc LAND DEVELOPMENT CONSULTANTS JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LOC BRISTOL PINES RPUD Deviation 1: Deviation from LDC Section 5.06.04.G.1, which permits off-premises signs only in nonresidential zoning districts,agricultural districts, and designated nonresidential components of PUDs, to allow a v-shaped off-premises sign within the Bristol Pines RPUD. The proposed off-premises sign is a shared sign serving the Bristol Pines PUD and the Buttonwood Preserve PUD known as Canopy.The sign will be limited to the duration of new homes sales by the developers within the Bristol Pines PUD and Buttonwood Preserve PUD, and the sign will be removed once new homes sales by the developers are complete.The sign copy will be the same for both sign faces. JUSTIFICATION: The proposed real estate sign is a shared sign that will serve both Bristol Pines and Canopy,and is not bonafide off-premises sign.The shared sign is intended to direct traffic to the Canopy community, which is open for sales of single-family homes In accordance with Ordinance 13-18,as well as Bristol Pines Phase II,which is opening for sales in Phase II. • The proposed sign is a"real estate sign"as defined by the LDC,and is not proposed in perpetuity. Canopy has no frontage or visibility on Collier Blvd., and Tree Farm Rd. is not a 'through" road, i.e.the road terminates at the project the entrance. Furthermore,the project entrance is located approximately)1 miles east of the Collier Blvd./Tree Farm Rd.intersection. The signage will serve to direct traffic to the project thereby preventing potential congestion and/or unsafe movements on Collier Blvd. by potential buyers looking for the development. The sign will also increase visibility of the community from a sales standpoint,and help to effectively market the community to potential buyers. Deviation 2: Deviation from LDC Section 5.06.04.G.2.a,which allows for a maximum sign area of 12 square feet for off-premises signs, to allow for a maximum sign area of 64 square feet for the proposed off- premises sign. JUSTIFICATION: LDC §5.06.02.0.2 allows properties over 10 acres in size to have one (1) real estate sign with a maximum sign area of 64 square feet per street frontage. Therefore, the Applicant is not requesting larger real estate signage than would be permitted on Bristol Pines property by right.The sign is shared and is not a bonafide off-premises sign as noted above. Therefore, allowing for sign area as permitted on residentially zoned property of this size is consistent with the intent of the LDC. it is understood that Bristol Pines may not exceed the number of signs permitted by LDC§5,06.02.8.2, thereby preventing signage proliferation on the • property. Bristol Pines PDI—PL2014-0562 Deviation Narrative Page 1 of 2 Deviation 3: Deviation from LDC Section 5.06.04.G.2.b, which allows for a maximum sign height of 8 feet • for off-premises signs,to allow for a maximum sign height of 15 feet for the proposed off-premises sign. JUSTIFICATION: LDC §5.06.02.B.2 allows properties over 10 acres in size to have one (1) real estate sign with a maximum height of 15 feet per street. Therefore, the Applicant is not requesting taller real estate signage than would be permitted on Bristol Pines property by right. The sign is shared and is not a bonafide off-premises sign as noted above. Therefore, allowing for sign height as permitted on residentially zoned property of this size is consistent with the intent of the LDC. It is understood that Bristol Pines may not exceed the number of signs permitted by LDC§5.06.02.B.2,thereby preventing signage proliferation on the property Deviation 4: Deviation from LDC Section 5.06.04.G.2.e, which requires off-premises signs to be located no more than 1,000 feet from the use for which the sign is displayed, to allow the proposed off-premises sign to be located no more than 1,520+1-feet from the use for which the sign is displayed. JUSTIFICATION: The western corner of the Canopy RPUD is 1,520+4- linear feet east of the proposed sign location, The proposed signage location is the closest available location on the Bristol Pines property in proximity to the Canopy property line that achieves visibility from Collier Blvd. Deviation 5: Deviation from LDC Section 5.06.04.G.3, which requires off-premises signs to be located a • minimum of 50 feet from a residential zoning district,to allow the proposed off-premises sign to be located within a residential zoning district, JUSTIFICATION:This deviation is a housekeeping request to support the above deviation to allow for off-premises signage in a residentially zoned portion of a PUD. • Naples View PDt-PL2014-0504 Deviation Narrative Page 2 of 2 Bristol Pines RPUD—Insubstantial Change P12014-0562 COMPLETED APPLICATION • • Co er 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 (P01) LDC subsection 10.02.13 E&Code of Laws section 2-83-2-90 Ch,3 6.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION 1 4111 Name of Applicant(s): Neal Communities of Southwest Florida, LLC Address: 5800 Lakewood Ranch Blvd. City: State: FL Sarasota zip: 34240 (239) 405-7366 Cell: (941) 323-9150 Telephone: Fax: E-Mail Address: Mg reenberg@nealcommunities,com Name of Agent: Alexis Crespo, AICP Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr., #305 City: Bonita Spnngs State: FL ZIP 34135 : Telephone: (239) 405-7777 all: (239) 850-8525 Fax: (239) 405-7899 E-Mail Address: alexisc@waldropengineering.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? E]Yes EN No 0 1. If applicant is a land trust, so indicate and name the beneficiaries below. Ej 2. If applicant is corporation other than a public corporation,so indicate and name officers • and major stockholders below. 2/6/2014 Page 1 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 wwvmw.col|ierm*v.nmt (239)252-2400 FAX:(239)2S2'$358 0 3. 1f applicant is a partnership,limited partnership or other business entity,so indicate and name principals below. 0 4. If applicant is an owner, indicate exactly as recorded, and list all other owners,if any. 0 5. If applicant is a lessee, attach copy of lease,and indicate actual owners if not indicated on the lease. 0 6. If applicant is a contract purchaser,attach copy of contract,and indicate actual owner(s) name and address below:(If space is inadequate, attach on separate page) DETAIL OF REQUEST On a separate sheet,attached to the application,describe the insubstantial change request. • Identify hovvthe request does not nneet the PWDswbstonda|change critehaestabhshedinLD[ �� subsection 1O.02'23E1. PROPERTY INFORMATION PUD NAME: Bristol Pines ORDINANCE NUMBER: 2005-64 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet,a written description of the map or text change. Does amendment comply with the Growth Management Plan? Yes 0 No If no, please explain: Has a public hearing been held on this property within the last year? |)Yes NE No If yes, in whose name? Has any portion of the PUD been SOLD and/or El DEVELOPED? Are any changes proposed for the area sold and/or developed? [] Yes 0 N •��' /fye»' p|easedescdbawnanattacheds*pa,atesheet. 2/6/2014 Page 2vf5 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G,3 of the Administrative Code for submittal requirements, This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incom•lete submittals will not be accepted. t$OF NOT REQUIREMENTS FOR REVIEW REQUIRE* COPIES REQUIRE* Completed Application(download current form from County websitel Pre-Ap.11:ation Meeting notes 1 1110311111111.1111 Project Narrative,including a detailed description of proposed changes a and why amendment is necessary Detail of request Current Master Plan&1 Reduced Co.y 11.01111.111144111111111311111 Revised Master Plan&1 Reduced Co.y 1111111111.1111111111101111111 Revised Text and any exhibits 111101111111113111111.1101111 List identifying Owner&all parties of cor..ration 1111110111111.0.11.11111 Affidavit of Authorization si:ned&notarized 2 IMPIMILIMI Completed Addressing Checklist 1 mown. Co. .f i x in.gr- thic • . i.n of 1 inummoll Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all a a materials to be submitted electronically in PDF format. *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: • PUD Amendment Insubstantial(PDI):$1,500.00 3 P re-Application Meeting: o Planning and Zoning Fee-$500.00 • 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 r 2800 North Horseshoe Drive Naples,FL 34104 1-11 11 ANA . t owner ',nature Date Applicant/Owner Name(please print) • 2/6/2014 Page 3 of 5 Bristol Pines RPUD—Insubstantial Change P12014-0562 PRE-APPLICATION MEETING NOTES S S PUD Amendment—Insubstantial (POI) PRE-APPLICATION MEETING NOTES pa# 24,14. C. eb2. Date: Time: %Cet:. Assig ed Planner: 1e LL_ � ,, A s l *tab -� t� -��`L .� Project Name: �►� ';;"��• � pp'' ,,,�,,,,, Applicant Name: At a4,--„,„`' � Phone: + r�� •2C31) Owner Name' ' Owner Address: Phone: Meeting Attendees: (attach Sign in Sheet) Meeting Notes /LI I< a,l taf Jot tw 11110 ;,46 csAttl.. 4. eha_k_t a+'.. .. i .:111 eu4- ‘0-‹ 414,244 aryl exu i-► • l '1I! 3 • • c: s ' 'Tt"jg =i',K'T to t%)--- - rv' lI DLit r& S. t 6 W T "wet& PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date SCHOOL DISTRICT—Amy Taylor PARKS&REC-Vicky Ahmed SUPERVISOR OF ELECTIONS City of Naples—Robin Singer DR/EMI —EMER.MGMT—Jim Von Rinfein IMMOKALEE WATER/SEWER DISTRICT BAYSHORE/GATEWAY TRIANGLE UTILITIES ENGINEERING—Paulo Martins REDEVELOPMENT Executive Director S G:ICDES Planning ServiceslCurrentlPre-Application Forms 20111Pre-app Forms-JUNE 20111PD1-PUD Amendment Pre-application June 2011.doc revised: 8/5/02,rev,5/28/10 ,..) u'll . 416 , 0 ■ 8 . 1 LLI Ce 0) E• 0 4 —I i •---, ....... 4 2 , .....91 E •i , ..., '6 LS. > •,er.: • -• o ;4 " > -• t ...t 1,2 t ::.;...1 Ii i : ,,E., ii _ . ti ..,4,2- ?, VI Nr Xr, - a - - g- - . 4 -,.:- 1 ,,,, 6-4'..g — 0 • ,- 041 75 t' '41 . 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W ' ,, ,-- ...., 40 z** ,... a 2 E U g 41 .a * 74 PL4 CI a I 3 a ,!.i a_ a 1 V g ti ef a 0 0 • tit 'Lrzi 8rg El.- iiii)J ' ill '71 1:. -5; g U 1 I 56 •Z eg 4 .-4 „Qco ,O . 1- e,„ . -g 0,f),; — 8 e> t't ° ``•,2- o4 ,,-,t2 v. 4 -., — r--a,B ilik 0 ..4 P. ›. -§ tilgi:,4mtgvicrga:'3-gr.11A11 , 8 A., .am, c) 0 a 0 0 0 0 0 0 ED 0 0"51 0 0 0 0 0 0 C El 0 4 ODD 1 1 Bristol Pines RPUD—insubstantial Change • P12014-0562 OWNER AFFIDAVIT SIGNED & NOTARIZED • • Co( er County • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collientov.net (239)252-2400 FAX:(239)2524358 AFFIDAVIT OF AUTHORIZATION FOR P ElTITON NUMBERS(S) PL2*/"SU A rita,,s• dLifb..4‘ed vedivV11.7,,, gro SA,) (print maw,as rt-t..E:r (title.if applicable)of Wind Pince Community - • Inc. (company,If icable),swear or affirm under oath,that I am the(choose one)o. ICA siyikactEaccacct puxvhaserU sad that I I have hill authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All ensurers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working bouts for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. Well authorize MI Commas"da WNW Gorrtori MOAN"Englitawire eta Aiwa OW* to act as our/ray representative in any matters regarding this petition including I through 2 stew. *Notes: • If the applicant is a corporation.then it is usually executed by the corp.pres.or v.pres. • if the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member" •If the applicant Ls a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust,then they must include the trustee's name and the words "as trustee". • Ire each instance,first determine Ike applicant's status, e.g., individual,corporate, our),partnership,state pte, and then use the appropriate format for that ownership. Under penalties of perjury,I dadare that I have read the foregoing Affidavit of Authorization and that dse facts tutted Iri yi Signature fts ■ -c Data STATE OF FLORIDA COUNTY OF COWER The foregoing Instrument was sworn to (or affirmed) end subscribelifieforeirhe on 41/ , (date) by s-k-004 (name of person providing oath or affirmation), as who Is personally known to me or who his produced :el t A . of Identification)as Identification, ,os STAMP/SEAL — slitsulturs. 1."1.1 sfe /"P er,r""4.... LO UR DES LOPE Notate Public-State at Howl- CP014:044111L,1511 ?.J isy Comm Exotics Nov 29,2C ■;200-' COrTICMOsialt EE 5SO,241 2/6/2014 Page 4 of S • • r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collicreov.net (239)252-2400 FAX:(239)2526338 AF FIT.3AYIT OF AUTHORIZATION • FOR PETITION NUMBIGRS(S) M2014031 .y?We p as.C1"s OL.p t•ss IL J e re E S ab a1 _(print name),an-rt v 4t44 o F R.Q R a title,if applicable)of Bristol Pines,LLC (company,If ),swear or affirm under oath,that I am the(choose one)ownerJapplicant[ Jcontract purchaser Land that: I. I have full authority to secure the approval(s)requested and to impose covenants and restriction('on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed,sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. Well authorize Neal Corrmailles'*" Clorripin s""•"apei lmorins"oAt•w'°'mpo to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: S • If the applicant is a corposutian,then it 1s usually executed by the corp.pees.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.), than the documents should typically be signed by the Company's"Managing Member," • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named perm ersship. • If the applkant is a trust,then they must include the trustee's name and the words"as trustee". • In each instance,first determine the applicant's status,e.g., indivtdrral,corporate, trust,partnership, estate, etc., and then use the,;.,,'. ate format for that ownership. U • • allies of .I d - Mr a read the foregoing Affidavit of Authorization and that the facts letter e Signature .l a• fev.n tt. Sauna$ `Zrvu,t Date STATE OF FLORIDA COUNTY OF COWER The foregoing Instrument was sworn to (or affirmed) and subscribed before me on 1 (data) by -SAP (name of person providing oath or affirmation), as''CC.f who is personally known to me or who has produced of identification) dentlfleatbn. STAMP/SEAL minatnre of N • e c LOURDES 4, trio-cnA annSiss • ' ' 1402ry Pubi=c-State of Florida f My Comm.Expires Nor 29.101i 2/6/2014 :;.,„„�� Camerisaiofl f EE$5021? Page 4 of 5 Bristol Pines RPUD—Insubstantial Change PL2014-0562 APPROVED ADDRESSING CHECKLIST i r Ceottrity • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIMON; NAPLES.FLORIDA 34104 PLANNING AND REGULATION 4 Z39) 252,2400 FAX i239)252-5724 ViAN.W.COJ_LIERGOVNEr Project or development naives proposed for or already appearing in,condominium documents if spotted-on indicate whether proposed o existing) Bristol Pines isisminewsiemer Please Check One: 11 Checklist is to be Faxed back 0 Personalty Picked Up APPLICANT NAME. Alexis Crespo alexisc@waldropengineering.com PHONE(239) 4054777 FAX Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) Ste. -g,-T Folio Number Folio Number Folio Number /Pt / Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 410 Lilli• e,1. CInt COWER COLN7Y GOVERNMENT 230C 4OR1H HORSE$HOE ORtvE GROWTH MAN.k:AMENT Y5OP NAPLES, FLORIDA 34104 PLANNING AM)REGU,ATION (239)252,2400 FAX (239)252,4724 INWW.COL-LIERGOVNET ADDRESSING CHECKLIST Please complete the foliowino and fax to the Operations Debarment a 239-252-5724 or submit in person to the Addressing Department ar !he ahrwe address. Form must be signed by Addressino dewy?, prior to org .appiication meetio• .1;a.4 a'low 3 sa - for so-ssint. Not alt terns will apply to every project items in bold type are required FOLIO NUMBERS MUST BE PROVIDED. FcIns doer than 6 months will require additional '-eview and approval by the Addressing Department PETITION TYPE ctrioicate type oelow, c-Qtr+p/&e i separate Addiessery Gliechl.st for ei-P.://Pat,toP q'Pe) o Bt.(Blasting Permit) SDP(Site Development Plan) O BD(Boat Dock Extension) SDPA(SDP Amendment) • Carnival/Circus Permit 0 SDP' ',Insubstantial Change to SDP) • CU (Condit m ional Use Improvement Plan) O EXP(Exca [3 sip(ste Improvevaton Permit) SIP,(Insubstantial Change to O FP(Final Plat SNR(Street Name Change) • LLA(Lot Line Adjur,tment) SNC(Street Marne Change—Unpla:te,d) • PNC(Project Name Change) TDR(Transfer of Development Rigrrs) • PPL(Plans&Plat Review) 0 VA(Variance) O PSP (Preliminary Subdivnipn Plat) VRP(Vegetation Removal Perml) o PUO Rezone VRSFP(Vegetation Removal&Ste Fill Permit) o RZ(Standard Rezone) JOi OTHER PO(to&44vtAr4tal Ct4n90 14 PUIYi , „, , vissimwitweemssostis LEGAL DESORIPTtON of st,bject property or proper:4,es(copy af tengthy description may be atfarlien./ -efitSTOL-PINES PRASg4- „„„) ) FOLIO(Property ID)NUMBERts)of eutive to, or esaociale errfii, legal tlearription if more than one! 4477s000vcr-- / •,,,r STREET ADDRESS or ADDRESSES(as applicable, if already ase;gried) _4604-Tree Farm Roac • LOCATION MAP must be attached showing exact location CZ project/site in relation to nearest public .oad right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME'if aPPItcebie) Bristol Pines PROPOSED STREET NAMES(if approcable) N A • SITE DEVELOPMENT PLAN NUMBER ifor or:Wing pr4ects/sites only) SDP - or AR or PL Bristol Pines RPUD—Insubstantial Change • P12014-0562 AERIAL LOCATION MAP • ----- — ©i li II I E i 2 ,1 0 1 li 1 ' 0'4 8 , 1 II -1 it x- 3m I . 0. �ct4 0 D Q o a. ! z $L Q v i a 0 C al c,,,,,'...-- sp (Gs6 o)C1lt1S 21311107 d LkStoro d , a €' t mt IR:va►s KOCAlt PAY amid ppm sotaxr 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. I. 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 sign(s 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 Alexis Crespo 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 0140000562 Oil I • 28100 Bonita Grande Dr., #305 _ SI ,• • URE OF 1•LICANT OR AGENT STREET OR P.O.BOX Alexis Crespo Bonita Springs, FL 34135 NAME(TYPED OR PRINTED) CITY.STATE ZIP p STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this \ \ day of 'UTNC, , 206 t`t by P,GX\S CnSe[.) . personally known to me or who produced as identification and who did/did not take an oath. /� C4 G6GGlr�,v e�IJIL.LIAM JEWEb,III Signature of Not Public NOTARY PUBLIC .-STATE OF FLORIDA 1.1"*-"; Comm*EE0ti9159 ti i 1 t An 411- Expires 6/1/2015 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) F\WebsltetAFFIDAVIT AND SIGN POSTING INSTRJCTIONS 5-2-05.doc • Bristol Pines Public Notice Sign Pictures S Alt "0 NOTICE O PUBLIC NEARING nntars ra-N lP1I1pIrPiat Mica t tns IRW0 • .. J.K war :c. t7401.400% norms As,• all f iI r .000 Ws • ..rcin1:44.n car.tpt.rwsr.•fl. tr ^wrr+...+11 .. • raga turf,.Orr imor rt rr_p.MOWN ratMrntna • / R • 1 LI L w y Q• NOTICE PUBLIC HEARING ., .f+ ..701.60.S. •.'1 t rs•NA - � R K>�:A� � �r: ;. • } ... y ckh w Yd r d1'a ` r4 s r f * t" �*.'t • . r sw • Bristol Pines RPUD-Insubstantial Change (PDI) PL2014-0562 • NOTICE ?"w O PUBLIC HEARING ' ►ETITiO MS-M2ONOONSS2 S111STOt PIKS MOO • :IK.n'a.«Maxi ptt YqM.. .■ -... .....,..,4 , ,:-..-- ' ".■ ' k -_: . ' f. '''' - - '''," . l. 44:1; » • • Bristol Pines RPUD-Insubstantial Change (PDI) PL2014-0562 Bristol Pines RPUD—Insubstantial Change P12014-0562 CURRENT PUD DOCUMENT 1282S3o, n9' a • Wt c4% 1 ORDINANCE NO.05- 64 7‘6115941.01'��v AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUM- BER 2004-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPRO- PRIATE ZONING ATLAS MAP OR MAPS BY CHANG- ING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL (A) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD, CONSISTING OF 298 RESIDENTIAL UNITS THAT WILL INCLUDE A MAXIMUM OF 30 UNITS DESIG- NATED AS AFFORDABLE HOUSING UNITS WITH A CORRESPONDING DENSITY OF 3.0 UNITS PER ACRE FOR PROPERTY LOCATED ON THE EAST _ SIDE OF COLLIER BOULEVARD (CR-951) AND AP- PROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR-846). IN SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLOR- IDA, CONSISTING OF 42.61 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04-10, AS AMENDED, THE FORMER BRISTOL. PINES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,Dwight Nadeau of RWA, MC.,representing Waterways Joint Venture IV, petitioned the Board of County Commissioners,in Petition Number PUDZ-A-2004-AR-6084,to change the zoning classification of the herein described real property, NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE The zoning classification of the herein described real property located in Section 35, Township 48 South,Range 26 East,Collier County, Florida,is changed from Rural Agricultural (A)and Residential Planned Unit Development(RPUD)to Residential Planned Unit Develop- ment(RPUD)in accordance with the RPUD Document,attached hereto as Exhibit"A"which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41,the Collier County Land Development Code, is/are hereby amended accordingly. • Page I of 2 I SECTION TWO Ordinance Number 04-10, known as the Bristol Pines POD, adopted on February 24, 2004 by the Board of County Commissioners of Collier County, is hereby repealed in its en- tirety. SECTION THREE::. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this ,12 day of / 4 -erriee/,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA t1's't :4,4 1t' I ' FRED W.COYLE,CHA AN t ..?gam,,� ;..7. Approved as to Form and Legal Sufficiency 411 fr ..c tlr/ f <C to t r^c Mad,t''e M:Student-Stirling /3 Assistant County Attorney PUDZ•A-2004•AR-4044 Thiiissl ardinance 40»01 with 'the <7,S__td4y oo faitiee tfi�-L1. J and acknowledge c�.,rSeS that fell r•c•i • thi doe of' !. •. • • I • Page 2 of 2 BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES,FLORIDA 34120 PREPARED BY: pwrA,r. • CONSULTINCr JL 116 ir V..L. 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And GOODLE7TE COLEMAN&JOHNSON,PA 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-64 AMENDMENTS AND REPEAL Rapea la 2004-10 "EXHIBIT A" Bristol Pines PUDZ,A.2004-AR-6084 Approved PUD document 11-15.05 TABLE OF CONTENTS List of Exhibits, Tables and Appendix Statement of Compliance ii Section [ Property Ownership and Legal Description I-I Section II Project Development Requirements II-1 Section III Residential Development Standards III-1 Section IV Recreation Area TV-I Section V Preserve Area V-I Section VI Development Commitments VI-I Appendix"A" Typical Cross Sections A-I 4i Pines PUDZ-A-2004-AR-6084 Approved POD document 11-15-05 • LIST OF EXHIBITS.TABLES AND APPENDIX EXHIBIT"A" RPUD MASTER PLAN APPENDIX"A" TYPICAL CROSS SECTIONS EXHIBIT"B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS 41) 411 Bristol Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 _ „ STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County, Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are 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 for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District,as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable !musing"as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4)dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.85 units per gross acre, which is provided for by • the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective I of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will. be available. 5. The project will implement Policy 2.9 of the Housing Element by providing"affordable housing"dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g.of the FLUE. 8. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space,or lands reserved for conservation purposes. • ii Bristol Pines PUDZ-,A-2OO4-AR-6084 Approved PUD document 11 it ar 9. The native vegetation provisions of the Bristol Pines RPtJD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will'implement, and further Objective 8 of the Transportation Element. • • III Bristol Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION LI PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA,EXCEPTING AND RESERVING THEREFROM • THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I1 riitol Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 COMMENCING AT THE NORTHWEST CORNER OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST; S THENCE ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 35,N.89°58'25"E.,A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT,S.02°14'59"E,,A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY,AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852,PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89°58'25"E.FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,S 02°1520"E FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 N.89°59'05"E.FOR 330.76 FEET TO • THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK 22,PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89•S8'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02°14'19"E.FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32,PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89°58'02"W.A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLAITED BOUNDARY LINE,N.02°14'43"W.A DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89°57`59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF CANAL EASEMENT, THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS. 1-2 Bristol Pines PUMA-MX-AR-6084 Approved PUD document 11-15.05 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 ID SOUTH,RANGE 26 EAST, AS BEING NORTH 89°58'25"EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006,and 00205600001) 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer"as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing,of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance,or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been • cleared and utilized for agricultural purposes. Three single-family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically,timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run-off from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right-of-way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90-10,as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single- family housing in a townhouse configured, multi-unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located_ The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes,natural and landscaped open spaces, and a variety of passive(native preserves)and active recreational opportunities. Access to the property shall be from Tree Farm Road. • 1-3 Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 That segment of Collier Boulevard between Golden Gate Boulevard and Imntokalee • Road is planned to be improved with a six-lane divided roadway programmed to commence construction in the fourth quarter of 2005, with completion programmed in the third quarter of 2007(Capital Road Project#65061). Each residential unit will be served with centrally provided potable water,sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". • • i-4 Bristol Pines PUD2-A-2004-AR-6084 Approved PUD document 11-15-05 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development,as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the • definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities,of the LDC. 23 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit"A",RPUD Master Plan. ID 11-1 .fit Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 TABLEI PROJECT LAND USE TRACTS I fa TYPE UNITS/FT. ACREAGE± TRACT"It" RESIDENTIAL 292 34.8 TRACT"RA" RECREATION AREA 0 2.7 TRACT°`P" PRESERVE 0 .5,08 TOTAL 292 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit"A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively,of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. • 2.4 '!MAXIMUM PROJECT DENSITY A maximum of 292 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42,6 acres. The gross project density, therefore, will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement(AFIDBA). 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order. 11-2 Bristol Pines PUDZ-A-2004-AR-6084 Approved PUt)document 11-16-05 • D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single-family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages to the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22-122(a) of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0). of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See Appendix"A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private,and shall be classified as local streets. B. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator,or his designee, for engineering and safety considerations prior to installation. • 11-3 `-!dines PUDZ-A-2404-AR-6084 Approved PUD document 11-15-05 .................................. C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit"A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. 2.8 AMENDMENTS TO/CUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of the Ordinance establishing the Bristol Pines RPUD. 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 residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. 2.10 MODEL,SALES,AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to,pavilions,viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04.of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.13.5.c. of the LDC, with applications for improvement plans and final subdivision plats, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. • 11-4 Bristol Pines PUOZ•A-2004-AR-6084 Approved PUD document 11-15-05 C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by • the existing well and septic systems. Such use of the existing single-family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.It CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project build-out date of December 31,2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope:3:I B. Stockpile maximum height:thirty-five(35)feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan,or approved subdivision improvement plans,no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. E. Fill storage shall not be permitted in Preserve Areas. F. Fill may be stored on site for the maximum length of time of twenty-four (24) months. This period may be extended through the written permission of the • PIanning Services Director. II-5 3.3i Pines PUDZ-A-2004-AR-6084 Approved PUO document 11-15-05 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6-acre project site,only 20.3*acres of the site is"native",by definition. The two preserves, Tract "P",contain a total of 5.08 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The combined southwesterly and northwesterly preserve tracts will have approximately 1.96 acres of native vegetation re-created,and approximately 0.94 acres of enhancement to an existing oak canopy. Native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent(75%)canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas shall consist of retained native vegetation and replanted vegetation. • Native preserves shall have an average fifty-foot(50')width, but be no less than twenty feet (20') in width. The design, area, and configuration of the native preserves may be modified. However, the remaining native preserves shall not be less than 5.08 acres in total area. Refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract"P",and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.0. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas Maps shall be governed by the adopted development regulations set forth in this RPUD Document,RPUD Master Plan,and applicable provisions of the LDC. • 11-6 Bristol Pines PUDZ-A-2004-AR-8084 Approved PUD document 11-15-05 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers,as well as project signage,will occur within this Tract"R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 292 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 3.3 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 uses derived from the RMF-6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: • 1) Single-family attached dwellings (including townhouses intended for fee simple ownership including the platted lot associated with the residence). 2) Single-family detached dwellings. B. Accessory Uses: I) Customary accessory uses and structures including, but not limited to,private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes(See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings(See Section 2.10 of this RPUD Document). .4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines,or between structures, as applicable. Homeowners' association boundaries shall not be utilized for determining development standards. III-1 ernes PUDZ-A-2004-AR-8484 Approved PUD document 11-15-05 B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of • building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET • MIN.DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A li BH whichever is greater MAX.BLDG,HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S V2BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of IS feet or 31 Bli whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET .35 FEET S.P.S.:Same as Principal Structures. • BH:Building Height 111-2 Bristol Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 .___ Notes: I) The location of structures proposed adjacent to the lake may have no setback from the • lake maintenance easement. 2) No structures shall be permitted in the required,20-foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence on lands (Collier County Folio Number 00206600000)lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. if said single-family land use is discontinued,this condition shall no longer apply. 4) A 15-foot wide setback shall be maintained from any residential structure to any project perimeter property line. 5) For all residential units,garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side-loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion,or all of the sidewalk. 6) To ensure compatibility with the Vanderbilt Country Club PUD, a modular concrete, 100% opaque, wall/fence shall be installed along the south boundary of the Bristol Pines RPUD,adjacent to the boundary of the Vanderbilt Country Club Put). 111-3 -stci Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 ......._....... ................ SECTION IV • 4.2 PURPOSE RECREATION AREA The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part there shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities,such as community swimming pools, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 4110 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 43 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. B. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units, C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of • building permit application. IV-I Bristol Pines PUDZ-A-2004-AR-6084 Approved PUO document 11-15-05 SECTION V • PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers,in their natural,and/or enhanced state. 5.2 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 the issuance of regional, state and federal permits,when required: A. Principal Uses: Nature preserves. B. Accessory Uses:. 1) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V-1 ;t ones PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL AU facilities shall be constructed in strict accordance with site development plans, final subdivision plats(if required),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 Section III, Exhibit"A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project,even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignees, shall follow the Master Development 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 successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the CDC, 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 services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI-1 Bnsto1 Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses,and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E.of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, ID other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected,or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.)a.above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable county ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision(if required), or site development plan approval, however, the Administrator, or his designees approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. S Vi-2 ,stol Pines PUDZ-A-2Q04-AR-6Q84 Approved PUD document 11-1S-05 .........._ 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET 40 PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.1).of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, to be completed in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy(CO). D. The 138 dwelling units approved above the original 159 units approved via Ordinance Number 04-10 shall not receive a Certificate of Occupancy until January 1, 2007 and will be released at a number not to exceed twenty(20)per month. 6.5 TRANSPORTATION The development of this RPUD Master Development 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 Collier County LDC. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first CO. C. Site-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. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended,and Chapters 6.02.00.,and 10.02.07,of the LDC,as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a right-of-way permit. S Vl-3 Bristol Pines PUDZ-A-2004-AR-.1084 Approved PUD document 11-15-05 F. All proposed median opening locations' shall be in accordance with the Collier County Access Management Policy(Resolution 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. G. 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. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. If, in the opinion of Collier County Transportation Division, a traffic signal,or other traffic control device, sign or pavement marking improvement within a public right- of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or on the plats. L. The developer shall provide a 10-foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. The developer,its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan.. V1-4 Pines PUDZ-A-2004-AR-6o84 Approved PUD document 11-15-05 N. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Phase One of Tree Faun Raad from. Collier Boulevard to the intersection of Davila Street. O. The developer shall be responsible for the design cost of the proposed improvements to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended intersection at Massey Road,not to exceed$1 50,000.00. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules, C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04-51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service by the County of a proposed 16 inch force main along Collier Boulevard. Vl•5 Bristol Pines PUDZ-A-2004-AR-6084 Approved PUD document 11-15-05 6.9 ENVIRONMENTAL ENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 8. All conservation/preservation areas shall be designated as preserve tracts subject to a conservation easement on all construction plans and,if the project is platted,shall be recorded on the plat with protective covenants per or similar to Section 7.04.06 of the Florida Statutes. Preserve tracts shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and the conservation easement shall be dedicated to Collier County with no responsibility for maintenance. In the event the project does not require platting all conservation/preserve areas shall be recorded as conservation easements in favor of the project's homeowners' association or like entity for ownership and. maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands,extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five(25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service(USFWS)and the Florida Fish and Wildlife Conservation. Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site,a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal,monitoring,and maintenance(exotic-free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the homeowners' association. F. The RPUD shall be consistent with the Environmental Sections of the Collier County GMP, and the Collier County LDC in effect at the time of final development order approval. VI-6 --wt Pines PUDZ-A-2004-Ail-6084 Approved POD document 11-15-05 G. All approved agency(SFWMD,ALOE, FFWCC)permits shall be submitted prior to final plat/construction plan approval. • H. A Preserve Area Management Plan shall be provided fora royal .pro ded to Environmental. Services pp prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management,and maintenance. L A 30-inch elliptical pipe shall be placed under the project's spine road to connect the two preserves for the purposes of a faunal crossing. It should be noted that this is not a water management structure,merely a small wildlife crossing. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with,or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval of this RPUD rezone. 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's [DC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS • Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape beans shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered beans 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5,03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. for the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B.of the Collier County LDC in effect at the time of building permit application. V1-7 Bristol Pines PUDZ-A-2004-AR-6084 Approved PUO document 11-15-05 ................ 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision 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,only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County. 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(.01 8 n i tif 1 ..L_ I ■ t i CI 1 b ft 91 t -w` .� #"'" WAIZIEWAY5 jalkir VehITLRe IV ..... ..., R 4., . . 11011avas,iitio *Mgr* "44404474 i "s" CR'U55 5 CTION$ .. .� .. :�....+. 1 ................ 0 i kb i' il/ , fig -----^'.''--^ �, or 41 ,---:-\\ ..,, $!1 '('''''''...7 ' I C irl I WY o {E 0...* me g y f 5' r. 8 I . , 0 A ` C 4 o Ct'1 iii ^w �� Pg 1 J .3■ ril 1114 I —er -� .. 0 1 at N117 0 s ° ,..,» `,, 1 W.A RINAYs ,Nr✓viva rte'.b. { { P......14.NII14N __...,.... ...r.,.._. . Moir i° HprstmOirs 3wa1Y40 awY Wow op].1V UMt!f..,.....,...,,....n.. a......... ..r.... , .. ,.,",.w..7%v-. 4"—. Wig);-Ci�Y M) _ lanio ,_.............. { {j ..._ .- . 3l Ii 4 tit 1 .4, t I': a ; lig/ ii ' IV! A i i A :,I:: ! ' % li Z ii • I rill I "L7 j I I ; y 1• J1 f l ' ' 'i III► C I i! ill ;1 1 i C4 I 11 1./f j. Yom/ ---1_,..,_ 1 -- 4! i„_; , r''' 1 tr , a t k� k 11 .1 I tr 1 TT .OS I tf I f : FJjYjf i t1/'�.w ..,� ' :law auetnisa r 1m041411.nwr a ++rt NKttx. "V °=�°' ' 'WArrt WAYS. r�rr vrt\frt iv .r". D tsrc ern S I IlIctir.,..-gic,at .w.. n... *la y ULT OM u y w s a o CO :!"11AL W/t1CK#..ma'Aie Mt ri.XY `"°`.w"_. ""'"'& i 11.7,11111• 1 _�� Prepared by: Patrick oWham AWL Collier County^my. no'm""=.Thal Emit Naples,FL.w1'2 This space tor recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2805, by and between Waterways Joint Venture IV, Florida qeneral partnership (the "Developer')and the Collier County Board of County Commissioners (the nCommissbm^), collectively, the "Parties." RECITALS: 411 A. The Developer owns a tract of real property described in Exhibit "A'hereto the Developers intent to construct a maximum of two hundred ninety two (292 residential units (the "Units") at a density of 6.85 units per gross acre on the Property. The gross acreage of Property is 42.6 acres. The number of affordable Units constructed by Developer shall be 29' representing 10 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89' now codified by Ordinance 04-41' as Land Development Code (LDC)§ 2.06O8 at seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a omrwity bonus to the Developer authorizing the construction of pne hundred twenty one(121 bonus Units on the Property. if the Developer agrees to construct affordable Units as specified in this Agreement, Poo,wuz Rev 74,2003 '.| / | _ _ �� • • NOW, THERErORE, in consideration of the approval and grant of the density • bonus of 2.85 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable cnnnidenaVon, memao*iptond sufficiency of which are hereby acknowledged,the Developer and the Commission hereby covenant and agree as follows: � Recitals. The above Recitals are true and correct and are incorporated herein by reference 2. pevo|uporAommmenm. The Developer hereby agrees that it shall construct thirty (30 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A& B, Exhibits A. 8. & C. and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LOC or in Ordinance No. 90'09. Section 4. the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2'0604 "Phasing" shall mean: (a) the phased construction of •��& buildings oro/nuc\u,ms in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median lncome For the purposes of this Agmenmnt, the median income of the area as defined by the U.S. Deportment of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Aoeo, established periodically by HUD and published in the Federal ReQister, as adjusted for family size as shown on the tables attached hereto as Appendix A. Exhibit C,which Exribit shall be adjusted from time to time in accordance with any adjustments that are authorzed by HUt)or any successor agency. In the event tha HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) gUniuiUw and Qualification of Owner. Family income eligibility Is a three- step process: 1) submittal of an application by a prospective Owner; 2) verification of �N�� family housing unit provided under the affordable housing density bonus program prior to ��y `�' being qualified at the appropriate leve of Income (moderate income) in accordance with this Section; 3)certification of eligible Owner by the Financial Administration and Housing Page zauu ��N ��" Department. The Developer shall be responsible for qualifying Owners by accepting applicatons, verifying income and obtaining income certification for all affordable units in the subject development. All opplicationw, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department.Qualification by the Developer f any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program In LDC gQ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shalJ apply to the developer,owner, manager. or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Huueing �oitshanbeprnvi�adby �heFinon�ha| . Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not boon verified and certified n accordance with this Agreement and LDCg3.00.05. -- (u) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent years federal income tax return for the potential occupants (includ ng the entire household) may be used for the purpose of • income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the vmtum, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180)days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification, After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B. Exhibit B. attached to this Agreement and incorporated by reference herein. (d) income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential -- occupant(including the entire household)prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an Page 3 of 22 ,\ /o ) | � • • • • • appropriate household income which qualifies the potential occupant as an eligible family • to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC & 2.O6O0. may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report, The Developer shall provide the Financial Administration and Housing Department an annual progress and monitcring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shan, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.86.00. or subsequent amendments thereto, The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and HoLsing Department within sixty(60) days from the due date mtia|| result in a penalty of up to fifty dollars ($50A)0> per day unless a written extension not to exceed thirty(30)days is requested prior to expiration of the sixty(60)day submission deadline. No more than one such extension may be granted in a single year, (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Davelope,, any person related to or affiliated with the Developer,or by a resident manager. �. Density Bonus, The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four (4lunits per acre, and is therefore granted a density bonus of 2 85 density bonus units per acre,for a total density(total=density bonus units per acre X gross acreage) of e.85, unNa/au, pursuant to LDC § 2.08.00 The Commission further agrees that the Developer may con5truct thereon, In the aggregate a maximum number of two hundred ninety two (392) units on the Property provided the Developer Is able to secure building permit(s)from Collier County. Page^wum 7»� � IIII4. Commission Aqeemem During the term of this Agreement, the Cumm�o�na��guhmugh the Financial Administration and Housing Dmpm�me� ords � successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Erforcement a. Violations. It shall be a violation of this Agreement and LDC§206.00 to sell or ocoupy, or attempt to seU or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement: or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2 80 00 Collier County or its designee shall have full power to enforce the terms of this Agreement, The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69,Florida Statutes,or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. � 1w�'�0 Whenever it is determined that there is a violation of this Agreement or of LDC § 20600, that should be enforced before the Code Enforcement 800,d, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. K4ai|, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LOG § 2.06.00. as amended, at the option of the Comnnissmn. building permits or certificates of occuparcy, as applicable, may be withheld tor any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC§2.06.00,as amended. 6. Assignment by Commission, The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that K gives the Developer thirty (30) days advance written notice thereof, The Developer may not muo|gn, delegate or otherwise transfer all or part of its uunoo, obogeunnw, or promises under this Agreement to any successor in interest to the III Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the dutiem, obUgammnm, or promises under this Agreement to any successor in Interest to the Property without the Page 5 of 22 lod • • • express writte consent of the Commission as required by this Section shall be void ab • initio. 7. Sevmebi|U*, If any oection, ph,aoo, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a saparmte, distinct. and independent pmwimion, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage propaid,to the Parties at the following addresses: To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Join Venture IV 914 Grand Rapids Boulevard Naples, FL 34120 Attention: Richard Davenport �� VYMhcopy to: Richard D.Yavariovich, Esquire �w� Goodlette, Coleman&Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Any Party may change the address to which notices are to be seat by notifying the other Party of such new address in the manner set forth above. A. Authority to Monitor. The Parties hereto acknowledge that the Collier Conty Financial Adminisfration and Housing Department or its designee, shall have the authority to monitor and enforce the Developers obligations hereunder, 10, Indemnify, The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers,employees, and agents harmless from and against any and all claims, penalties, damages, tosses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission,or liability of any kind made by De"elopav, its agents or employees, arising out of or incidental to the performance of this Agreement. ��. Pape 6 muo 11^1 11. Covenants. The Developer agrees that all of its obligations hereunder shall | ~— constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Aqreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14, Termination. Each . . [ be maintained as the required affordable housing as provided in the LDC§2.06.04 15. Modification. This Agreement shall be modified or amended only by the ~�uenogeemwnto,both Pa�es, �~� 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners raco, color, re|igion, oex, national origin. familial status,or handicap. b When the Developer odvmrtinoo, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for whIch it is liable in the purchase and sale of affordable units. d. The affordable housing units shall be intermixed wHh, and not segregated from,the market rate dwelling units in the development. a. The square footeQe, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling un|ms, as described in item number seven (7) of the ��N� Developer*pp|"�maon �r*oon1ab|eHousing Density Bonus wh�| beme same�nmamwt �� rate units and affordable units, For developments where construction takes place in more than one phmww, all physical amenities as described in item number seven (7) of the Page,mzu 11'I Developer Application for Affordable Housing Density Bonus shall be the same in both the 1110 market rate units and the affordable units in each phase. Units in a subsequent phase • may contain differen amenities than units in a previous pnase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17, Phasinq. The percentage tage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property, Developer commits to 10 percent affordable housing units for this project,with 10 percent of the units in each phase as built consisting of affordable uns. 18, Disclosure, The developer shall not disclose to pemona, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier . that are in effect at the time of development. Subsequently adopted laws and policies sliaJI ��x �N�' apply to this Agreement and to the development to the extent that they are not in conflict with the numuer, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This } Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163,833O.Fla, 5tat..aoamended, 21, Preaoolication Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. • • • • Page oofo y,\ � | ' 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY, FLORIDA Deputy Clerk By: FRED W. COYLE,CHAIRMAN 411 Approved as to form and legal sufficiency: / r:tet Patrick G. White Assistant County Attorney • • Page 9 of 22 _ . • DEVELOPER: • WATERWAYS JOINT VENTURE IV, .•••• • • A Florida general partnership ; By: Waterways at Hibiscus,lid., a Florida limited partnership its general partner 1 ' Witnesses: • .. By: Waterways Development, Inc. , — a Florida corporation Witness / 1 its General Partner 1 I Printed Name,„J rTh i//: / ' e- ''41AdAkiet-,fj,—nic.4att oi,rix By: i Witness , Richard Davenport,President Printed Name Me tiSS4 1-.IY1"Tartan(' STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing • Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has produced as identification. WITNESS my hand and official seal this (4 1) day of t,,J.A.„lic— ,2005. •‹"L —I . kJ- x..ip,r,fek,d ellit,i-Sc Notary Public My Commission Expires: rSTEPKEY 11:41%• MY COMMISSION.073 t 7 4 *- 'i EXPOES.January 21.2428 11 'Y 54,4 Ow hftyPitic Underlain I 4111 Page 10 of 22 EXHIBIT A BRISTOL PINES LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHWEST 114 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY.FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 112 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH; THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, • COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH; THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST.COLLIER COUNTY FLORIDA,EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY TOGETHER WITH: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89°58`25"E.FOR 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT,RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT,S.02°14'59"E. FOR 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00 FOOT WIDE ROAD RIGHT-OF-WAY,RECORDED IN OFFICIAL RECORDS BOOK 2852,PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89°58'25"E.FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; Page 11 of 22 t'! THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF • THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,5.02°15'20"E.FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89°59`05°E.FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK 22,PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'5827"E.FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE 5.02°14'19"E.FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32,PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2, S.89°58'02"W.FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE,N.02°14'43"W. FOR 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4,S.89°57'59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02°14'59'W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 1,856,282 SQUARE FEET OR 42.6 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,AS BEING N.89°5825"E. S Paga 12 of 22 • APPENDIX A.EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 29 4 Bedroom TOTAL 29, VERY LOW INCOME (50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (l) Base residential density allowed in this development A.units/acre. (2) Gross acreage 4 (3)Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 2.85 units. (4)Gross residential density of this development(including affordable housing density bonus units) 6,85 units/acre. (5)Percentage of affordable units pledged by the developer(as a percent of the total number units in the development)11)2%. Pape 13 of 22 4 1 '! APPENDIX A,EXHIBIT 1$ AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LAC § 2.06.03, provides for calculation of a density bonus for developers pledging to • construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental,single-family or multi-family)and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below,shall be used. Tables A and 13 shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental,single-family or multi-family,where applicable)to be provided,as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A,locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination,Table B will indicate the maximum number of residential dwelling units per gross acre • that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example,a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of"four" will receive an affordable housing density bonus (AHDB)of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit(based on level of income and number of bedrooms shown in Table A)is proposed for a development,the affordable housing density bonus for each type shall be calculated separately in Table B. Atter the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other types)to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight(8)dwelling units per gross acre. • Page 14 of 22 r r� • APPENDIX A.EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM( Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A:AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR Zeal MORE 80%MI=MODERATE(OWNER-OCCUPIED, 0 I• I• SINGLE-FAMILY) 60%MI=LOW(OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI VERY LOW(OWNER OCCUPIED OR RENTAL,SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban.Coastal Fringe,add I density bonus to obtain 2 • TABLE B:AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING %OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10°/Q 20 0/s 30°/Q grA t 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 S • Page 15 of 22 ry APPENDIX A.EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74,Section 74-402(aX1);Collier County Code of Laws and Ordinances, moderate income is 61%to 80%of the median income,low income is 51%to 60%of the median income and very low income is less than 50%of the median income. MEDIAN INCOME 2005 $63,300 Naples,MSA(Collier County) NUMBER OF MEMBERS IN FAMILY 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation(FHFC)calculates rents to use in the State Apartment Incentive Loan(SAIL)and the Low-Income Rental Housing Tax Credit(LIHTC)programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the Counts Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30%FAMILY INCOME ONE TWO THREE FOUR BEDROOM BEDROOM BEDROOM BEDROOM UNIT UNIT UNIT UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS, • Pape le of 22 APPENDIX B.EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit: Your Name: Race/National Origin:Handicap:Yes— No_ Co-Tenant Name Race/National Origin:Handicap:Yes No_ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years,please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. • How long with Present Employer: Job Title Gross Salary; Hourly S Weekly$ Every 2 Weeks S Monthly S Social Security Number Birth Date — Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary; Hourly S Weekly S Every 2 Weeks S Monthly S Social Security Number Birth Date Previous Employers Name Address and.Telephone No. How long with Previous Employer lob Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL, SECURITY I. 2. 3. ?ERSQjVAL REFERENCES(Not Relattvest • 1. Name: Address: How Long Known 2. Name: Address: How Long Known: PUN 7/8/2005 yaps 170122 0 AP PE NDIX D. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at . I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property,pensions or capital gains,etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ S Bonuses $ $ S $ III Tips $ S S $ Commissions S $ $ $ Interest Income S S S S Trust Fund Income S $ 5 $ Unemployment S S S $ Workman's Compensation S S S S Welfare S $ S S Food Stamps S S $ 5 Social Security $ $ $ S Social Security Disability S $ $ S Supplemental SSI S $ $ $ Family Assistance S S $ S Child Support $ $ $ $ Veterans Benefits S $ S S Widows Benefits S S S S Union Pension S S s $ Self-Employment Business, Silent Partner,etc. 5 S S $ Private Insurance Pension S S S $ TOTAL ANNUAL INCOME S S THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN 0 1 AFFORDABLE HOUSING UNIT. Page 18 of 22 ril 1 • APPENDIX B.EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer. lob Title: Address: - Street City State Zip hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2005. (notary seal) My Commission Expires: Notary Public EMPLOYER CERTIFICATION Applicant's Gross Annual income or Rate or Pay: S Number of Hours Worked(Weekly): Frequency of Pay: Amount of Bonuses,Tips,or other Compensation Received: $ Monthly Annually Supervisor STATE OF FLORIDA ) /as COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2005. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 19 of 22 APPENDIX C DEVELO'ER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive,Naples.Florida 34104, A copy must also be provided to the Financial Administration and Housing Department. All items requested must be provided. I, Please state what zoning districts are proposed by the applicant,if any,on the property and the acreage of each; The Developer has made application to rezone the 42.6 acre parcel to Planned Unit Development. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes,state date of application May 28.2004. and if the request has been approved,state the Ordinance number 3. Gross density of the proposed development. 6.85 units/acre. • Gross acreage of the proposed development. 42.6 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development(PUD)? X Yes No. If yes,please state name and location of the PUD and any other identifying information. Bristol Pines RPUD 5. Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit &null Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 292 Other Bedroom TOTAL 292 Papa 20 of 22 �,+1 • TABLE H Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80%MI Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 LOW INCOME • 60%MI Efficiency 0 I Bedroom 0 2 Bedroom 0 3 Bedroom 29 29 Other 0 TOTAL 0 VERY LOW INCOME 50%MI Efficiency _p I Bedroom 2 Bedroom 0 3 Bedroom 0 Other 0 • TOTAL Page 21 of 22 i°*f • Please provide a physical description of the affordable units by type of unit(moderate,low,very • • low income)and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pagcs as Exhibit"D"if needed. All homes in Bristol Pines,including the homes reserved for moderate income purchasers,will share many common features: •Solid concrete block construction. •Durable compressed concrete tile roofs. •Desirable concrete paver driveways,walks and entnes. *R-19 fiberglass insulation in all attics;R4.2 in exterior walls. 'Ceramic tile flooring in all kitchens,baths,and laundry areas. *Carpet over hypoallergenic pads in living and bedroom areas. • European style kitchen cabinets with fully adjustable shelves •Complete kitchen appliances,including a'rnicrowave oven,range,refrigerator and disposal •High efficiency air conditionng with strip heat. • Fully landscaped private yards. •Dual sinks in the master bath. *Enclosed toilet:tub in the master bath. • Walk in closet for the master bedroom, •Aluminum framed windows and sliding glass doors. "Metal clad entry door with dead bolt lock. •Strong steel hurricane shutters, 4111 •Pre-wiring for cable television,telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom,two bath units in four, five and eight unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association.The monthly homeowner's tee will also cover the cost of basic cable television service,alarm system monitoring,maintaining the gated entry,common areas and a community clubhouse where residents and guests may swim,play tennis, volleyball,or just relax. The monthly fee has not yet been finally determined,but is anticipated to be approximately S150 per month. 8, Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. None Page 22 of 22 1141 411 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2005-64 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of 411 County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board4. - :„, County Commi s s ionii*,...., ,-!".°Z..,%., . /.4.14..reet4 '4' . .*.•':'.'.r„.t i 4 1 . By Ann Jennej o) i, Deputy Clerk".,:y "-.....,.../.5,Y ' --....'„„,,..•,, S . _— 1 ._ ■im AGENDA ITEM 8-B 1 Exhibit G 1 IA* e • e 41:-•unty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: D- ' • OF ZONING AND LAND DEVELOPMENT REVIEW OMMUNITY EVELOPMENT&ENVIRONMENTAL SERVICES DIVISION HEARING DA : JULY 7,2005 SUBJECT: PUD4-2004-AR-6084; BRISTOL PINES PUD PROPERTY OWNER/AGENT:. OWNER: Waterways Joint Venture IV By Waterways Development, Inc. 14627 Collier Boulevard Naples, FL 34104 AGENTS: Dwight H. Nadeau Richard D.Yovanovich RWA, Inc. Goodlette,Coleman&Johnson, PA 3050 N. Horseshoe Drive,Suite 270 4001 Tamiami Trail N., Suite 300 Naples, FL 34104 Naples, FL 34103 REQUESTED ACTION: The petitioner seeks a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 298 residential units and recreational amenities. The project density is proposed to be seven (7) units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 128 units at 3.0 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 30 units designated as affordable housing units. GEOGRAPHIC LOCATION: The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR- 846) in Section 35, Township 48 South, Range 26 East, Collier County, Florida. (see location map on the following page) Bristoi Pines PUD,PUDZ-2004-AR-6084 Staff report Pagel of 13 . .................................... to Ell its : 4441:71.--'.. ti . ..,„. . iii,. ,..„„.. ... 1 i g. . ' 64:111 \91'-ui 1.9-2 i'ailliii9"11111111111 ,. 44/ ci. %'.. Iw1111► , "" w ow ■ 11` l'a f +t1 m G . _ MV*1) MMOADI UMM _. t ii;" ; .1111,1! 1 II r ae. sup `I. al - , 0 N I Me as 4us a. 7k II *gl 'klk ell E 1 & 1. I. Iir ji X a •�_ _f ail ,. ..sue...... � � ......,rM,YO Ei 43 1 I if CI d t .,11 . % ,fitm I ,.1- , , 1 1 . 1 a a 4 0 00Y704 VI 11 � 1 1 1 \ "y% J 1 ,w» pJ i 1,1 IIIII II r * � � ! it 1/1 j I "ail a `" , i --,..--a — PURPOSE/DESCRIPTION OF PROJECTI The petitioner wishes to add approximately 20 acres to the original Bristol Pines Residential Planned Unit Development (RPUD) that was approved on February 24, 2004 by Ordinance 2004-10. Adding 20 acres requires a rezone of the new acreage from the Agricultural(A)zoning district to RPUD as well as an amendment of the original RPUD to include that new land. The expanded project proposes a maximum of 298 dwelling units instead of the originally approved 159 dwelling units. The original PUD allowed an overall density of seven units per acre, (4 base units plus 3 bonus density units) and this amendment would allow that same amount. As before, the development is to consist of any combination of single-family attached, zero lot line,or single-family detached type construction. Just as in the original PUD rezone, the petitioner is seeking approval of an Affordable Housing Density Bonus Agreement (AHDBA) authorizing the developer to utilize Affordable Housing Bonus Density units. In the original PUD, the AHDBA increased the project's base density to allow 68 density bonus units. For that allowance, the developer agreed to set aside 15 owner- occupied units for low-income residents. With the 20 acre addition, the developer will receive 128 bonus units at three bonus density units per acre),and will set aside 30 owner-occupied units for low-income residents,which is the same 10 percent of the total number of units. The PUD is intended to allow development of a residential project that will have one access point serving the project from Tree Farm Road instead of the originally approved plan to construct a bridged entrance (over the canal) to Collier Boulevard approximately 330 feet south of the Tree Farm Road and Collier Boulevard intersection. Access to serve the project is proposed to be from Tree Farm Road. The subject property received Plat and Plan Approval (PPL) in PPL-2004-AR-6057, and an Excavation Permit in AR-6838 for lands rezoned in the original PUD. The site is currently being developed under the auspices of the previous zoning approval. SURROUNDING LAND USE AND ZONING: North: Warm Springs PUD, undeveloped but approved at 3.78 units per acre East: Two undeveloped five-acre tracts, then a five-acre agriculturally used tract, all have a zoning designation of Agricultural South: Land with a zoning designation of Agricultural developed with an owner occupied single-family home site West: Collier Boulevard (CR 951), then land with a zoning designation of Agricultural that is developed with agricultural businesses and a single-family home (a conditional use approval to allow a private school was approved for a 9.4 acre site abutting Brittany Bay) Bristol Pines PUO,PUDZ-2004-AR-60134 Staff report Page 2 of 13 i'l '' .•t.t A 1. '1:,,,,',,,,". ,.,. ...h,„---. ,:,,,, ;-.47,.... At•I . •.. i 4. . SI_ 1,1 1 ..g ,‘ . • , t o :, • -^: ''. „, 1 1 liganatb' , 11 ••t ciai .P: 1 ' , , I. 'Iv!: ;4..0 t .4 . ... 1 ps.... i..,". . 1111117,1T --, ,, 1 1 „it i — 1 . --1:44'.4* 4-4*- ,•:-. 4' 471; OIL: ! l 14tt, •=r-S-wi47-: ....;.. • ::;', , i ., 4,...rot wow........0 .1..abremoyi ' .,....4 • i,..._. i - "-• iiitriLi.- I - ' i i GGFO rall117 t . f'• , 4=r" . ' ri6,4.1-- 1,44P-1748-2--- - • Air I - 44144.4i IP 4 , ' 0—::::349,17. Aerial Photo GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict)on the Future Land Use Map(FLUM)of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential services, and, recreation and open space uses. As to residential use, review of the Density Rating System yields the site is eligible for 4 dwelling units per acre unless the Affordable Housing Density Bonus(AHDB) is utilized, which could result in a maximum bonus of up to 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. The companion AHDB Agreement demonstrates the site is eligible for a 3 dwelling units per acre bonus; when added to the base density of 4 dwelling units per acre,this results in an eligible project density of 7 dwelling units per acre. Future Land Use Element (FLUE) Policy 5,4 requires new land uses to be compatible with the surrounding area. As currently proposed, staff believes this project will be compatible with current and planned development in this area given the allowance for increased density for projects that will provide affordable housing units. The project's closest residential neighbor is Vanderbilt Country Club, which is developed at a lower density than the proposed project. The lower density reflects that a good portion of that Bristol Pines POD,PUDZ-2004-AR-6084 Staff report Page 3 of 13 project is devoted to a golf course; and the dwelling units are clustered around the perimeter of most tracts to allow the available open space to be used as that golf course density (see aerial photo on previous page). The dwelling units within Vanderbilt Country Club proximate to the proposed Bristol Pines southernmost tract are situated south of Danbury Boulevard, which travels along the boundary of the tract. The dwelling units in this portion of the project are three- story, multi-family structures within Wedgewood at Vanderbilt Country Club, which is more intense than the 2-story structures proposed within Bristol Pines. Both projects have a maximum building height of 35 feet however, the overall building height should be the same. Thus, if Bristol Pines erects multi-family structures along the property boundary shared with Vanderbilt Country Club, the uses would be similar in height and type. The structures in Vanderbilt Country Club are further separated by Danbury Boulevard. Brittany Bay PUD is located across CR 95I and just to the north of what would be the extension of Tree Faint.Road. That project contains an affordable housing component and was approved at a density of 8.18 units per acre. The project located across Collier Boulevard and to the south of the subject site was rezoned to PUD as Hibiscus Village(now known as Summit Place)allowing a density of four units per acre. That project did not have any affordable housing component,but it was approved at the maximum base density allowed at that time. The Warm Springs PUD (formerly the Nicaea Academy PUD), located north of Tree Fann Road, was approved at a density of 3.78 units per acre. There are other PUD rezonings pending in this general area as well. Further north of this site, with frontage along lmmokalee Road, is the Summit Lakes PUD (currently zoned PUD as the Outdoor Resorts PUD). Summit Lakes proposes a density of seven dwelling units per acre, based upon a base density of four units per acre and a three unit per acre density bonus allowance because of its location within one mile of an Activity Center. That project proposes to provide five percent of the housing units for "work force housing." A Pre-application Meeting was held on December 17, 2003 for a pending PUD rezoning for a Habitat for Humanity project that is tentatively known as Woodcrest RPUD. That 10-acre site will have access from Woodcrest Drive(south of Immokalee Road) and proposes 100 percent affordable housing units to be built at a density of seven units per acre. Other residential projects in the area are listed below with the approved density (Source: PUD list, generated from Collier County Comprehensive Planning). It is important to note that each project was reviewed and approved based upon its own merit and its own unique circumstances; therefore, a mean (simple) average cannot be used for comparison's sake. For example, some projects are located within a density band and some have an affordable housing component. Please refer to the excerpt from the PUD Map for the location of most projects. Bristol Pines PUt),PUDZ-2004-AR.6084 Staff report Page 4 013 111111111inmem -. LAKE IIIIIIIIIIII ,, 4111111111 BRITTANY BAY APARTMENTS 1111 1 91111111111111111 ' -': ' VANOMISLI ,' '„-, COLVIR4t. CLUB II 35 ..........._ , TANGIEWO0a WO 1 EXCERPT FROM THE PUD MAP Approved Year Number Number of PROJECT NAME Density Approved of Units Affordable Units Crystal Lake PUD 2.89 1994 491 -0- Tuscany Cove(A.R.M.) 6.40 2003 500 * -0- Vanderbilt Country Club 2.48 1998 800 -0- Wol f Creek 4.00 2003 591 -0- Richland(aka Pebblebrook Lakes) 3.10 2002 650 -0- indigo Lakes 2.43 2001 442 -0- Laurelwood 5.96 1994 465 * -0- Ibis Cove 5.50 1999 530 * -0- Summit Place 4.00 2002 231 -0- Bucks Run 8.87 2001 348 ** 288 0 Brittany Bay 8.16 2000 478 * &** 128 Outdoor Resorts 4,49 2000 420 Warm Springs 3.78 2005 450 72 00 TOTAL 6,389 488 * Higher Density granted because it is within Density Band of Activity Center ** Higher density granted based upon Affordable Housing Density Bonus Agreement *** Higher density permitted in the Travel Trailer-Recreational Vehicles Campground District 0 Bucks Run PUD was approved with an affordable housing component, however an amendment to be heard by the CCPC on June 2, 2005 and by the BCC on June 28, 2005 seeks to remove that component. 00 This Is limited to"Workforce Housing."which is defined in the LOC as housing that is ". — limited to owner occupied housing with a monthly mortgage payment, including property taxes and insurance,not in excess of 1/12 of 30 percent of en amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household" Based upon the data provided above, a very small portion, less than 1 percent, of the units currently approved in this general area are dedicated as affordable housing units. This shows Bristol Pines PUO,PUDZ-2004-AR-6084 Staff report Page 5 of 13 , that approval of this project to allow affordable housing will be consistent with GMP Housing Element Policy 1.4 that requires affordable housing units to be distributed throughout the County. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact use the following criteria to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume." Policy 5.2 states, "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." Upon review of rezone petition PUDZ-A-2004-AR- 6084,Transportation Planning staff recommends approval based on the following facts: The proposed Bristol Pines PUD will allow development of 298 single-family dwelling units. The TIS for this petition projects a total of 2,840 trip ends on a weekday and a maximum of 285 PM peak hour trips. Trip distribution and percentages of the directional peak hour volume on roadway segments are as follows: Project Directional Distribution PERCENT OF PM PFJV(HOUR PERCENT OF ROAD SEGMENT 3 FROM TO PROJECT VOLUME CAPACITY AT VOLUME ADOPT.LOS Collier Boulevard CR951 North of Site Immokalee Road 70% 126 3.8% Collier Boulevard CR951 ' South of Site Vanden ech 30% 54 1:6%ad Collier Boulevard CR951 Vanderbilt Beach Golden Gate 30% 54 1.6% Road Blvd. Immokalee Road Collier Boulevard 1-75 50% 90 2.7% CR951 Immokalee Road CR951 Wilson Boulevard 10% 18 0.4% Vanderbilt Beach Road 1-75 CR951 15% 27 0.7% The roadway segment impacted above 3.0 percent by the proposed development is Collier Boulevard North of the project. This segment is scheduled for construction to six-lane facility Bristol Pines PUD,PUDZ-2004-AR.6084 Staff report Page 6 of 13 beginning in Fiscal Year 2005 and the added capacity will accommodate the impacts. Therefore, this petition is consistent with Policy 5.1 and Policy 5.2 is not applicable. Housing Element: Financial Administration and Housing Department staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.06.00 of the LDC and the Housing Element of the GMP. GMP Conclusion: The Growth Management. Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1. Approval of the PUD rezone to provide affordable housing units would be consistent with the intent of GMP Housing Element Objective 1,which states: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and further very-low, low and moderate income residents of the County, . . . . And Housing Element County Policy 2.10, which states: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13115 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report(See Exhibit"A"and Exhibit"B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staff's revisions within the PUD document, and Transportation Planning staff recommends Bristol Pines PUO,PUDZ•2004-AR-6084 Staff report Page 7 of 13 approval subject to the Transportation commitments contained in Section 6.5 of the Bristol Pines RPUD. Utility Review: The Utilities Department staff has reviewed the petition, noting that Utilities Department's request for a potable water well easement to Collier County as requested in a May 12, 2004 pre-application meeting has been satisfied. Any development on the site is subject to application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. A 24-inch water transmission line exists along Collier Boulevard. However, sewer availability will be subject to construction and placement into service of a proposed 16-inch force main along Collier Boulevard. Collier County Public Utilities does not guarantee a time frame for construction of capital projects. However, the schedule for completion of the utility project is stated in all planning documents to be as late as 2008. Zoning Review: As illustrated in the aerial photograph,the surrounding zoning discussion of this staff report, and the Master Plan, the site will be separated from other development by roadways to the north (Tree Farm Road), and to the west (Collier Boulevard). Fast of this site are large tracts with Agricultural zoning designations. To the south, the land has an Agricultural zoning designation and is developed with an owner occupied single-family home site. Although zoned Agricultural, the adjacent tracts are designated Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan, just like the subject site. This designation would allow the owners of those tracts to seek development approvals (beginning with rezonings) to allow the same variety of residential uses, essential services, and recreation and open space uses on the adjacent tracts as what is proposed for the subject site. However, at this time, staff must consider the compatibility of the uses proposed in this PUD in conjunction with what currently exists on the south property,pursuant to GMP Policy 5.4. StatT had concerns about the potential incompatibility that could be created if this project constructed two-story, multi-family structures in proximity to the single-family home on the parcel south of this project. The proposed single-family attached or zero lot line units will appear to be multi-family dwelling units, because there would be more than one unit attached to another within one building. The mass of a multi-unit structure could be very different from the single-family home located to the south, and pose compatibility concerns. To resolve staffs concerns,the petitioner has agreed to a maximum height of one story immediately adjacent to the existing single-family home. The development standards contained in Section III of the PUD document are designed to reflect the design approach for a compact urban environment that will allow smaller more affordable two-family homes. The PUD indicates most lots will have a 2,250 square foot minimum area, a minimum lot width of 25 or 40 feet and a minimum front yard setback of 20 feet. The side yard setback is 7.5 feet for the more conventional lot types and 0 or 6 feet for the townhomes. The minimum rear setback is 15 feet. The maximum height is limited to 35 feet in two stories. Bristol Pines PUO,PUOZ-2004-AR-6084 Staff report Pape 8 0(13 Deviation Discussion: The petitioner is seeking approval of four deviations. The petitioner has provided justification in support of the deviations (see "List of Deviations", dated May 30, 2005, included in the Application for Public Hearing). Staff has analyzed the deviations and recommends approval or denial of these deviations as noted below. Deviation 1 seeks relief from LDC Section 10.02.03., to exempt multi-family/townhouse buildings intended to be sold in a fee simple manner that includes the individual lot from the Site Development Plan(SDP)process as referenced in the PUD document as shown below. PUD Document Section 2.5.C.--The provisions of Section 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order,except in the case in which individual residential units within a multi-unit building will be conveyed fee simple, including each individual lot. Deviation from Chapter 10.02;03. of the LDC. Petitioner's Rationale: This deviation is appropriate given the duplicative processes the LDC could require for this unique residential product. The purpose of the SDP process and subdivision process is to ensure compliance with the appropriate land development regulations and consistency with the County's Growth Management Plan. Given this project will be required to pursue a subdivision plat as set forth in Section 10.02.04. of the Collier County LDC, as stated in Section 2.5.C. of the RPUD document, reviews for compliance with the LDC and consistency with the GMP is assured. Staff Analysis and Recommendation: This deviation was approved in the GGFD Station 73 PUD, and the Summit Place PUD, which shared residential units within the overall Summit Place PUD. However, the underlying issue in those petitions was one of timing. The units in Summit Place were constructed and sales contracts were pending, when the petitioner determined that the relatively new ownership idea (fee simple units within a multi-family buildings not condominium units)proposed would have required both Nat and Site Development Plan review. Staff had formulated an amendment to the LDC to address the issue, but the petitioner in that instance indicated that waiting for the amendment to be adopted would be problematic. In the current petition for Bristol Pines, no units are pending sales contracts. In fact,no units have been constructed, Plans and Plat approval has been granted for Phase I only, which is the 22± acres approved in the first Bristol Pines PUD rezone. The project is still in the clearing and grading stage. An amendment to the LDC has been submitted in the next amendment cycle to address this situation,because this product type has become more popular in Collier County and the LDC does not currently address it. In staffs opinion, the LDC amendment, when approved, should allow the petitioner the relieve he seeks. In addition, deviations should not be sought for relief from process requirements; deviations are only to be sought from specific development standards not processes, Zoning and Land Development Review staff has reviewed the deviation and recommends denial for the reasons noted above, finding that, in compliance with LDC Section 10.02.13.A.3, the G.\CurrenPDeseterntPUD Rezones\Bristol Pines,PUDZA-2004-AR•6084‘STAFF REPORT Bristol Pines deny dev 1 6-2C-O5.doc Page 9 of 13 petitioner has not demonstrated that the element may be waived without a detrimental effect on the health,safety and welfare of the community." Deviation 2 seeks relief from LDC Section 6.06.01(0). for "cul-de-sac and local streets, and LDC Appendix 13, (Section III P.5. of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code),that requires 60 feet,to allow 50 feet. PUD Document Section 2.7.A.--All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0) of the LDC, for cul-de-sac and local streets, LDC Appendix 8-2 and 13-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.I3.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. Petitioner's Rationale: A 50-foot right-of-way is permitted in this RPUD to provide for flexibility in development design, subject to providing easements for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County and does not compromise health, safety, and welfare issues related to civil engineering design. Staff Analysis and Recommendation: This deviation was approved in the original Bristol Pines PUD with the understanding that utility and access easements are identified and provided (per a December 12, 2003, e-mail message from Alan EI'Urfali). Zoning and Land Development Review staff has reviewed the deviation and recommends approval as limited in PUD Section 2.7.A, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 3 seeks relief from LDC Section III, Exhibit "A", Design Requirements for Subdivisions C.1 3.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 that requires tangents to be provided between reverse curves on all streets. PUD Document Section 2.7.C.--Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. Petitioner's Rationale: This RPUD will not require tangents between reverse curves in order to provide greater subdivision design flexibility. All internal roads within the RPUD will be private,and have low posted speed limits,and will have a curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable deviation that has been applied throughout the County and does not comprise a risk to public health, safety and welfare. Bristol Pines PUD,PUOZ-2004-AR-8084 Staff report Page 10 of 13 Staff Analysis and Recommendation: This deviation has been accepted as an alternative allowed in several PUD zoned projects, and the petitioner's reasoning appears sound. Zoning and Land Development Review staff has reviewed the deviation and recommends approval as limited in PUD Section 2.7.C, finding that, in compliance with LDC Section I 0.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 4 seeks relief from LDC Sub-sections 5.03.02.A.9. and 5.03.02.B. that required fences to be measured from the existing grade,to allow fences to be measured from finished grade. PUD Document Section 6.12.B.--Retaining wall and buffer wall maximum height: The retaining wall must not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sub- section 5.03.02.A.9., and Sub-section 5.03.02.B., to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. Petitioner's Rationale: Restricted width of the RPUD property, and constraining development standards of the South Florida Water Management and Collier County requires use of retaining walls on the project perimeter to contain untreated storm water runoff within the RPUD boundaries. To ensure compatibility with adjacent properties to the north and south, as well as screening the project's west property boundary, fences/walls may be installed on berming and back-filled retaining walls,as depicted in Cross-sections B-B,C-C and E-E in Appendix A of the RPUD Document and Sheet 5 of the RPUD Plans Set. Staff Analysis and Recommendation: This deviation was approved in the original Bristol Pines PUD with additional limitations added by the CCPC. Those same limitations have been incorporated into this deviation for the expanded project. Zoning and Land Development Review staff has reviewed the deviation and recommends approval as limited in PUD Section 6.12.B, finding that, in compliance with LDC Section I0.02.13.A.3, the petitioner has demonstrated that "the clement may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 5 seeks relief from LDC Sub-section 3.05.07.H.11. that prohibits fences and walls from being located in any preserve. PUD Document Section 6.12.C.--Retaining walls, not to exceed two feet, shall be permitted on the outside perimeters of the Preserve Tract "P", for the purposes of perimeter water management impoundment. Deviation from LDC Sub-section 3.05.07.H.I.h. Petitioner's Rationale: The Bristol Pines RPUD previously adopted through Ordinance 04-10 provided for a 2-foot water management impoundment retaining wall along the east boundary of Tract "P"as was depicted in Section D-D,on Page A-2 of Appendix A. This same retaining wall Bristol Pines PUD,PUDZ-2004-AR-6084 Staff report Page 11 of 13 was depicted and approved for construction for Bristol Pines Phase 1 (PPL-AR-6057), given that it would be the least intrusive means of storm water impoundment required by the SFWMD. This design should logically be continued in the second phase of Bristol Pines given that the same land constraints apply. Staff Analysis and Recommendation: Environmental Review staff has reviewed this deviation request, and offers the following recommendation: When the original Bristol Pines PUD was reviewed and approved, the LDC did not prohibit walls in preserves. The LDC has been amended to specifically prohibit walls and fences. Environmental staff has reviewed the deviation and is not convinced that allowing a wall within the preserve area is in the best interest of the viability of the preserve, and therefore it could have a detrimental effect on the community. Environmental staff recommends denial finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Therefore, staff does not support this wall in the preserve. NEIGHBORHOOD INFORMATION MEETING: The petitioner held the required Neighborhood Information Meeting on September 22, 2004 at 5:30 P.M. at Faith Community Church, 6455 Hidden Oaks Lane, Naples, Florida. Approximately five individuals other than the applicant's agents and County staff attended the meeting Several questions were asked of Mr. Nadeau., however, no one spoke in opposition to the proposed rezone and development. Mr. David Pederson of Vanderbilt Country Club asked for details about the proposed offer by the applicant to provide a fence between the Bristol Pines PUD property and Vanderbilt Country Club, stating he prefers concrete. Mr. Nadeau responded that he could not make a commitment to a concrete structure at this meeting. When questioned further about the proposed fence height,Mr.Nadeau stated it would not exceed eight feet. Another line of questioning ensued regarding the town home product, including the 30 stated "affordable housing units." Mr. Nadeau was asked if any of the units would be rentals, to which he said,"No. The units will be for sale only." There was also a discussion about Tree Farm Road and whether or not an agreement has been reached with the property owner, so that road may provide an access point to the development. Mr. Nadeau stated that negotiations are still underway with the property owner. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-6084 to the Board of County Commissioners with a recommendation of approval for the rezoning request from Agricultural and RPUD to RPUD,to include approval of Deviations 2-4 and denial of Deviations I and 5; and a recommendation for approval for the agreement authorizing affordable housing density bonus units as set forth in the PUD document and the AHDB agreement, Staff has provided two PUD documents entitled Petitioner's PUD document and Staff's PUD document. The action on Deviations I and 5 are the areas of disagreement, as noted in Section 2.5.C. (Deviation 1) and Section 6.12.C. (Deviation 5). O:tCurrent■Oeeelem\PUD Rezones\Bristol Pines,PUDZ-A-2004-AR 60841STAFF REPORT Bristol Pines deny dev 1 8-20-06.doc Page 12 of IS i PREPARED BY: • A 'a i 4 / 1 I P...... VW'' .4:44A 'Ilk.05 KAY D f.ELEM, AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY‘OV. BELLOWS,Z ING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW (0/22/05- •SAN MURRAY,AICP, DIRE d R DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ."---Th i , I 6//c/A;03"-- J S:PH K. SCHMITT ADMINISTRATOR ATE ( 0 MUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the July 26,2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: 114,AL 07/7/0 - tyisHk-0.7,CHAIRMAN 167--""... r DATE ' Ai Exhibits: A. Rezone Findings B. PUD Findings Blistot Poles PUD,PUDZ-2004-AR-13084 Staff report Page 13 of 13 REZONE FINDINGS PUDZ-2004-AR-6084 Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: I. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP) and Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and finds that the project is consistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall GMP. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the Urban(Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem appropriate especially because the project will provide affordable housing which is an objective of the GMP (Objective 1—Housing Element). The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. \CurrentOeselemTUD RezonesWristol Pines,PUDZ-A-2004-AR-60841Findings,Rezone 6-8-05.doc Page 1 of 3 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The development standards and landscaping requirements contained in the PUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed rezoning is approved. 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 Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon transportation-related GMP policies. The PUD document contains limitations that should adequately address traffic congestion concerns. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values,since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the land use designation of the Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Staff is recommending that the petition be \Current\Deselem\PUD Rezones\Bristol Pines,PUDZ-A-2004-AR-6084Windings,Rezone 6-6-05.doc Page 2 of 3 deemed consistent with the overall GMP with stipulations. In light of this fact, approval of the proposed PUD would not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The PUD zoned portion of the property is being developed in compliance with the approved PUD document. The Agriculturally zoned portion of the subject site is developed with a single family home. The property is currently used in compliance with the existing zoning, and the uses could remain if so desired by the property owner. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD rezone is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Each zoning petition is 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. However, suffice to say there are most likely areas of the County with conventional or PUD zoning that would allow development of the housing type proposed by the petitioner, however there are a limited number of sites for which the county has approved an Affordable Housing Density Bonus Agreement to allow additional density to provide affordable housing units. The determinants of zoning are consistency with all elements of the GMP,compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 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. While site conditions may restrict the location and square-footage of the buildings,they would not render the property unusable. 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. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP, however, Zoning and Land Development Review staff has included stipulations that should adequately address the transportation issues. \Current\Deselem\PUD Rezones\Brietol Pines,PUDZ-A 2004-AR-8084\Findings,Rezone 6-6-05•doc Page 3 of 3 FINDINGS FOR PUD PUDZ-2004-AR-6084 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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. The nearby area will be developed with other residential projects, such as Summit Place PUD and. Warm Springs PUD. Vanderbilt County Club PUD already exists. The tract to the south is developed with a single-family home. The site will have direct access to Tree Farm Road. The petitioner has agreed to connect to County water and sewer district utility service, and the drainage will be provided in compliance with all applicable codes. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals,objectives, and policies of the Growth Management Plan(GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP, with the stipulations recommended by staff and as provided for in the Ordinance. Please see the staff report for a more detailed discussion. 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 analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. G:\Current1Deselem\PUD Rezones\Bristol Pines,PUDZ-A-2004-AR-60841Findings,PU0 6-6-05.doc Page 1 of 2 .............................................. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system,potable water supplies,characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure should not be in place in the vicinity and its adequacy has been determined as part of the review of this rezoning petition. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The petitioner is seeking four deviations as part of the rezoning approval. Those deviations have been reviewed within the staff report and staff has provided recommendations for each deviation. GaCurrentlDeselem1PUD Rezones\Bnalol Pines,PUDZ-A-2O04AR-6O841Findings,PUD 8-e-05.doc Page 2 of 2 , I. I •4I ii. , :3'1 wOeMOWIlt 040001341e I T` F 4- q[.„!1",.....„... 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MIN Army et#�Le x+uwiw .s :+ MONO mil1eR Pi-Ng . r . 11611.0110.v ■ AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 10, 2014 SUBJECT: BDE-PL20140000225, MARKOVITZ BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: James Markovitz, Agent: Jeff Rogers, 29 Pelican Street East Turrell, Hall &Associates, Inc. Naples, Fl 34113 3584 Exchange Avenue Naples, Fl 34104 REOUESTED ACTION: The petitioner is requesting to modify an existing boat dock facility that requires a 55-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a new single boat lift and vessel protruding a total of 75 feet into a waterway that is approximately 497 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 29 Pelican Street East, and is further described as Lot 29 and Lot 30, Isles of Capri Subdivision, Unit 1. The site is located in Section 5, Township 52 South, Range 26 East, Collier County,Florida, Folio Number 52341160000. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to construct a new boat lift for a single 40-foot vessel. The new boat lift and vessel will utilize an existing dock facility for access. The existing dock protrudes approximately 67-feet from Mean High Water Line (MHWL) and according to the applicant was constructed prior to 1975. As noted in the geographic location information above the subject property contains both lots 29 and 30 of the Isles of Capri Unit I Subdivision, each of the lots contains a boat dock that according to the applicant was constructed prior to 1975. The current owner purchased the subject site after the lots were combined under one folio number through the property appraiser's office. Staff notes that the LDC does not limit the number of dock facilities other than limiting decking area to areas required to accommodate safe access and vessel. The proposed boat dock lift will service 1 vessel that will result in a total protrusion of 75 feet into the water body and is located on a single family residential lot that has approximately 158 feet of water frontage. As noted above the proposed new boat lift and vessel will have a total protrusion of 75 feet from the inside edge of the rip-rap stabilization of the subject site and 70 feet from the MHWL. No dredging is proposed. BDE-PL20140000255, Page 1 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10,2014 Report date:June 12,2014(revised:6-16-14,) 4 4.0114 4,40 47(. 4f, kr t 1.7 4 ©'4 44 ♦1 '/ ,..4 x,_416 !� a 433 tn ,41.L witY Mir a. f, we 4 s' 4.4 s ci, ity AT ON bp, �© gal A d fA4'1%,: 4 ��.,.._ .e©oaA©Q� et d z felt i G�� NM; s S1l � O orifio © �sif - IV 'ems N Ili Ohl illtri so di ifiX Lill EM.F IL EMI A UM CM ER g RP 14 1 co „L. in II"r ? 4 = Q a w 0 O z _ la 4 I " r -- it ., ,..:, a/ II .4i 1 1 El N. M1177 Mr , L., 1 -1 u,� A. :� 6} I� fi d. W 9ti / ,1 i x �- If f I _./ 1 v 4 Q 8 , g 1 i1 �\ P o � Z i ;1 k‘• la , 1 • i O I 11 it— "`t _* .4.-.--; i — 1 lki. Illril Yi. < 0 11. 14,--71 ‘1 * P-' J i A� rilin 7,___.1r 111‘ pposorm SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: Single Family Residence, with a zoning designation of RSF-4 SURROUNDING: North: Snook Bay, then Single Family Residence, with a zoning designation of RSF-4 East: Single Family Residence, with a zoning designation of RSF-4 South: Pelican Street right-of-way,then Single Family Residence,with a zoning designation of RSF-4 West: Single Family Residence, with a zoning designation of RSF-4 Existing Docks y/ yf +, '� 'M Subject Parcel: 1J - 29 Pelican Street East f. ,. ! 'N.' i ...I 4, .' y ` f '`11 . • - 3 • r -,.n.ww•s.r M..w._ it- ■1.ft Aerial photo taken from Collier County Property Appraiser website ENVIRONMENTAL EVALUATION: Environmental Services Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(l I) (Manatee Protection) of the Collier County Land Development Code (LDC) is applicable to all multi-slip docking facilities with ten (10) or more slips. The proposed facility consists of one additional boat slip and is therefore not subject to the provisions of this section. BDE-PL20140000255, Page 3 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10.2014 Report date:June 12,2014(revised:6-16-14,) STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridgcd barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility is the addition of a boat lift to accommodate a single vessel. The proposed boat lift and vessel will result in a total of two dock facilities containing two slips that is consistent with the allowed 2-slip provisions. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the petitioner's application the water depth in this area of Snook Bay is shallow and does not have adequate depth to accommodate the mooring of the proposed vessel within the LDC 20 foot protrusion limit. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed dock facility will not adversely impact navigation on Snook Bay or other docks in the neighboring area which arc for the most part comparable in length. Further the proposed boat lift and vessel represent a 3 foot increase to the existing dock length. t3DE-PL20140000255, Page 4 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10,2014 Report date:June 12,2014(revised:6-16-14,) 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The information provided in the application indicates that the proposed dock will protrude 75 feet into a waterway that is 497 feet in width (Inside edge of Rip-Rap to MHW). Therefore the dock facility will protrude approximately 14 percent of the waterway width which means that it meets this criterion. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. As shown in the drawings submitted by the petitioner, the proposed boat lift and vessel will be located to the inside/interior portion of an existing boat dock facility which is on opposite side of dock from the neighboring parcel. As noted by the applicant the existing dock(s) were constructed prior to 1975 and have not experienced complaints from adjacent parcels/facilities. Therefore the inside location of the proposed boat lift and vessel will not interfere with neighboring docks or access. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Criterion met. As noted in the application the parcel has a reinforced or rip-rap shoreline; therefore the proposed facility meets at least one special condition not directly related to water depth in that the property contains a reinforced shoreline. Additionally as noted above the boat lift and vessel are proposed as part of an existing dock facility and extends less than 5 percent further (3 additional feet) into the waterway than the existing dock facility. While both special conditions do not directly cause the need for the extension request they are conditions impacting the property. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The petitioner indicates that the proposed dock facility includes an existing 5.5 foot wide walkway that provides access to an II foot wide terminal BDE-PL20140000255, Page 5 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10,2014 Report date:June 12,2014(revised:6-16-14,) platform. No additional decking area is proposed and the existing decking will provide adequate reasonable access to the proposed boat lift and vessel for loading/unloading and maintenance functions. Please note that this criterion could also be determined to be N/A which does not alter LDC requirements with regard to meeting secondary elements or staff recommendations. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject property contains a linear waterfront that is approximately 158 feet in length according to the application. The total length of the proposed vessels is 65 feet which is less than 50 percent of the waterfront footage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The inside/internal location of the proposed boat lift and vessel will not alter the existing views of neighboring property owners other than the vessel will be raised up on the boat lift. Additionally the proposed dock facility will generally be consistent with other neighboring dock facilities in the area. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner,no seagrass beds are known to be located within 200 feet of the proposed dock facility or within this portion of the waterway. Therefore,there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(l I) must be demonstrated.) Criterion not applicable. The proposed total dock facility consists of two boat lift/slip and is therefore not subject to the provisions of this section. Staff analysis indicates that the request meets five of the five primary criteria. With regard to the six secondary criteria one of the criteria is found to be not applicable,and the request meets five of the remaining five secondary criteria. BDE-PL20140000255, Page 6 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10,2014 Report date:June 12,2014(revised:6-16-14,) APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the Hearing Examiner takes action, any party may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the action by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated June 12, 2014 for BD- F120140000225 on June 16,2014. STAFF RECOMMENDATION; Based on the above findings, staff recommends that the hearing Examiner approve Petition BD-PL20140000225. Attachments: A. Application BDE-PL20140000255, Page 7 of 8 Markovitz Boat Dock Extension, HEX Hearing July 10,2014 Report date:June 12,2014(revised:6-16-14,) PREPARED BY: 4.12. 14 . C AEI, SAWYE . P OJECT MANAGER DATE DEPA TMENT OF PLANNING AND ZONING REVIEWED BY: RAYMOND V. BELLOWS.ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING {. /7- /tf MICHAEL BOSI. AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING BDE-P1 20140000255. Page 8 of 8 Markovitz Boat Dock Extension. HEX Hearing July 10,2014 Report date:June 12,2014(revised:) BDE APPLICATION FOR MARKOVITZ DOCK TURRELL,HALL&ASSOCIATES,INC. IBERIASANK NAPLES. 04 11876 3584 EXCHANGE AVENUE ea-7041/2852 NAPLES,FL 34104-3732 2120/2fl 14 (239)643-0166 ORY TO TOHF E Board of County Commissioners *'1,00000 One Thousand and 00/100**..******".,*.**********.*, *.*.****.*,.*.**.***.*...******....*.**.***.***.***.**"..,,*** .. DOLLARS Collier County Community Development Environmental Services Dept. 2800 N. Horseshoe Drive --'" Naples,FL 34104 MEMO 001 18760 1: 26 5 2704 13v: 20000946 2 1,40 TURRELL.HALL&ASSOCIATES,INC, 11876 Board of County Commissioners 2/20/2014 Markovitz BDE fee TT1405 1,000.00 Checking-General 1,000 00 9Lçy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 12/20/2013 Page 1 of 7 9gnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): ❑ DOCK EXTENSION ( I BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): JAMES MARKOVITZ Address: 29 PELICAN STREET E City: NAPLES State: FL Zip: 34113 Telephone: Cell: Fax: E-Mail Address: Name of Agent: JEFF ROGERS Firm: TURRELL, HALL & ASSOCIATES, INC. Address: 3584 EXCHANGE AVE City: NAPLES State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: Fax: 239-643-6632 E-Mail Address: JEFF @ TURRELL-ASSOCIATES.COM PROPERTY LOCATION Section/Township/Range: 05 /52S /26E Property I.D. Number: 52341160000 Subdivision: ISLES OF CAPRI Unit: 1 Lot: 29830 Block: Address/General Location of Subject Property: 29 PELICAN STREET E Current Zoning and Land use of Subject Property: RSF-4 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 12/20/2013 Page 2 of 7 9Lcowty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N A-ST Snook Bay S RSF-4 East Pelican Street and single-family residential E RSF-4 Single-Family Residential W RSF-4 Single Family Residential DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed plan is to install a boattift for one 40-foot vessel at an existing docking facility The existing dock protrudes approx.67-feet from the MHWL. with the proposed boattift the overall protrusion will increase by 3-feet with the overall protrusion being approx.70-feet from the MHWL into a waterway that is approx.497-feet wide from MHW to MHW SITE INFORMATION 1. Waterway Width: 4C7 ft. Measurement from ❑ plat ❑survey ❑visual estimate (] other(specify) aenal 2. Total Property Water Frontage: 15h ft. 3. Setbacks: Provided: 1589 ft. Required: t5 ft. 4. Total Protrusion of Proposed Facility into Water: ft. 5. Number and Length of Vessels to use Facility: 1. 1 x 40 ft 2. t x 25 ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: The two adjacent docks protrude approximately 70-feet and 77-feet from the MHWL in the waterway and all the existing docks within Snook Ray protrude approximately the same if not further into the same waterway 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? IT Yes ❑ No If yes, please provide copies. 12/20/2013 Page 3 of 7 Cott er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 12/20/2013 Page 4 of 7 Primary Criteria 1) The upland property is a single-family residential zoned lot that per the LDC is allowed two boat slips. This property historically was two properties with both of the existing docks being constructed prior to 1975 and prior to the lots being combined into one parcel. The property owner is proposing to install a boatlift on the existing southern dock which only facilitates one vessel. The northern dock also allows the mooring of one vessel with the combined total of the two docks is one vessel per dock for a total of 2 slips. We are requesting a 55-foot extension from the allowed 20-foot protrusion. 2) This area of Snook Bay is extremely shallow and the existing water depths are insufficient to moor a motorized vessel within their riparian rights without protruding greater then the allowed 20-feet into the waterway. The project is located within an aquatic preserve and no dredging is allowed or being proposed. Only with the extension can the owner get access to adequate water depths to accommodate the proposed boatlift. 3) The proposed boatlift installation will not have an adverse impact on navigation due to the existing width of the waterway as well as the dock is existed for a long time and will only increase our protrusion another 3-feet for the vessel. The width of the waterway, measured from MHW to MHW, is approximately 497-feet and the proposed boatlift on the existing dock will protrude 70-feet from the MHW line and 75-feet from the rip-rap. The existing dock and the proposed boatlift installation have been designed not to impede navigation and is congruent with the other existing docks along this shoreline. 4) The proposed boatlift installation on the existing docking facility will protrude approximately 75-feet from the rip-rap into a waterway that is 497-feet wide from MHW to MHW. The overall protrusion is approximately 14% of the width of the waterway, therefore doesn't protrude more than 25 percent of the width of waterway, leaving well more than 50 percent of the navigable waterway open. 5) The dock has existed for a long time with no complaints or interference to neighboring dock. The proposed boatlift is located on the north side of the southern dock which has handrail along the south side in order to prevent mooring which would interfere with the neighbor to the south. So as proposed with the boatlift located on the north side there will not be any interfering with neighboring docks or access to their docks. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 12/20/2013 Page 5 of 7 „••• „•• • • Secondary Criteria • .:•••• 1) The proposed boatlift installation is on an existing docking facility ,•• that currently protrudes approximately 66-feet from the MHW line. :••• • There is no existing seawall along the shoreline therefore the depths :•• are very shallow and dredging is not an option within an aquatic preserve when docks can be extended into deeper water. • 2) The existing docking facility has a 5.5-foot wide walkway allowing • • • access to the terminal platform that is approximately 11-feet wide and allows access to the vessel on the proposed boatlift. 3) The proposed vessels length that are moored on site combined do not exceed 50% of the subject property's linear waterfront footage (158'). 4) Due to on-site restricted conditions within Snook Bay and the location of the existing docking facility matching neighboring docks along this shoreline will be consistent with the surrounding area The proposed boatlift on the existing dock will not alter the existing views other than the vessel will be on a boatlift. 5) To our knowledge, there is one known seagrass area within Snook • • • Bay; however the bed is not within 200-feet of the existing docking facility. :••• 6) N/A • 1 • 9untY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County 6 ❑ website) '- Signed and Sealed Survey T ❑ U Chart of Site Waterway _ ❑ C Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall,or rip-rap revetment); • Configuration, location,and dimensions of existing and 6 ❑ ❑ proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Notarized and completed Owner/Agent Affidavits' 1 ❑ ❑ Completed Addressing Checklist 1 C ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. 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: Boat Dock Extension Petition:$1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. t(/f Pe t Sig at a o tioner or Agent Date 12/20/2013 Page 6 of 7 OWNERS / AGENT AFFIDAVIT per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included In this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. AFFIDAVIT Wait,`74"7S f^1g2y being fast duly sworn, depose and say that well 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. Well 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. i�SSCOii�7 As property owner Well further authorize 1,0 .`r ////&//i_to act oLrfmy representative in any matters regarding this Petition. - X14 Signature of Property Owner �f Signature of arty Owner . 03A \nn A P F. AMA rz ko v l 'z Typed or Printed Name of Owner Typed or Printed Name of Owner r� The foregoing instrument was acknowledged before me this �� day of P{ .14/ 1 i `i by riaAlel C. ?lark': r i Z- who is C.-personally kr o n` to me or has produced as identification. c.r.jit/1" ::"''' State of Florida (Signature of Notary Public-State of Florida) County of Collier clrr.� /mil 6; 1�0 : (Print, Type, or Stamp Commissioned Name of Notary Public) BRIAN M.GILMORE MY COMMISSION•D0997944 a EXPIRES June 03,2014 (407)396-0753 FkK�OiNdYy$9Vics.00111 ADDRESSING CHECKLIsT ..... ............................ Jan IS 2014 11 :25 TURRELL HALL 2356436632 P• 1 SIgiiiioN.......0.4,,, . ,‘. , y COWER COUNTY GOVERNMENT 21100 NOON HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONi NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (230)252-5724 WYttW.CQLUERQOV.NET 'i X.++9''� - +� 'r:N i '{J'Ct" 1 pkJ�awr s, • r Pa. .,. � 4 r', �Yyj� �, , ) rr '`'.sf 3' y"t`'r "`�1"Iyc at "1r --" $ +4 +4410=-o* � i�n ' t t "i '*:r. �.J�.i��,. <, 1.Y� � ,� ,.s:*.: .�"sS,.�ti M=«"s.da`��t4ia�.1�#.' tiv$i�;:8'«:.'t i.....J� ��:: � *t 1"' '�° a.A.�.. ..si ,lr�3w... Please complete the following and fax to the Operations Department at 239.252.5724 or submit in person to the Addressing Department at the above address. Form must to stoned by Addressing cersonnet orior to rq- q., . .. m 4-i I . +s, _ ',V.. a rt.. Not all items will apply to every project Items In bold type are required. POLO NUMBERS MUST BE PROVIDED. Forms older than a months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate typo below, complete a separate Addressing Checklist for each Petition type) ❑ EL(Blasting Permit) ❑ SDP(Site Development Plan) ® BD(Boat Dock Extension) 0 SDPA(SDP Amendment) CarrlvaaUClrcua Permit 0 50P1(insubalanUsi Change to SOP) CU(Conditional Use) 0 SIP(Site Improvement Piers) EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final PIMI ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) 0 SNC(Street Name Change..Unpletted) 0 PNC(Project Name Change) 0 TOR(Transfer of Development Rights) CI PPL(Plane&Plat Review) all VA(Variance) ❑ El PSP(Preliminary Subdivision Plat) DIG VRP(Vegetation Removal Permit) PUD Rezone 0 vRSFP(Vegetation Removal&Site Fill Permit) R2(Standard Rezone) ❑ OTHER summam Ammememmiemma LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attectiett ' 2 L2C $S ISLES OF CAPRI NO 1 LOTS 29 & 30 AND REFERENCED PARCEL A DESC BY CERTIFIU FOLIO(Property ID)NUMHER(s)of above(attach to or associate warn,legal description If more Man tine) 52341160000 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 29 Pelican Street East • LOCATION MAP must be attached showing exact location of projectlsit in relation to nearest public road right. of-way SURVEY(copy -.flooded only for unptatted properties) PROPOSED PROJECT NAME(If appkcable) Markovitz BDE PROPOSED STREET NAMES tifeppflcable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) , SDP or AR or PL k .' r?s i Jars 16 2014 11 : 25 TURRELL WILL 239669$632 p.2 1,091kismommesii. COLSPitY COWER COUNTY GOVERNMENT 2800 NORTH HORSESISOE DINE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)2924400 FAX (239)282.5724 VVW.COU[EROOV.sgy Project or development names proposed tor,or already appearing In,condominium documents(N application, indicate whetter proposed or existing) Please Check One Ilj Checklist is to be Faxed back ❑ Personalty McKee Up APPLICANT NAME: Jeff ROpenS p oNE 239-643-0166 FAIL 239-643-6632 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Fur Number(Pri aryl 5*,231-///CO Folio Number Folio Number-� Folio Number Approved by: Oet+e: l t 7- i'! 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O < < a. cr / / 2 e. 3. .s } } 6i # � / aa \ 7 % ) _�_ ( \ -- �*\ \ $ � 3j2 = k � k �-® % } � � \ , f $ /`` \ / \ k , SUBMERGED RESOURCE SURVEY ............._.__......... 11•111111111b, MARKOVITZ RESIDENCE 29 PELICAN STREET NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY FEBRUARY 24,2014 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 MARKOVITZ RESIDENCE SUBMERGED RESOURCE SURVEY FEBRUARY 24,2014 1.0 INTRODUCTION The Markovitz residence and associated docking facility is located at 29 Pelican Street, identified by Parcel Number 52341.160000. The property is located in Section 05, Township 52 South, and Range 26 East. The upland portion of the property is a single- family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock within Vanderbilt Bay. The SRS survey was conducted on February 21, 2014. Light south winds and mostly clear skies resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 65°F. Low tide occurred at 10:18 A.M (0.8') and high tide occurred at 4:42 P.M (2.5')on the date of the survey. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within the limits of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed boatlift location in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall &Associates personnel conducted a site visit and 1 snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall &Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). Page 1 of 3 MARKOVITZ RESIDENCE SUBMERGED RESOURCE SURVEY FEBRUARY 24,2014 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed boatlift installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart. The neighboring properties have existing docks which provided easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment where needed within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area consisted of a silt sand with shell debris throughout the entire surveyed area There was also scattered shell debris and rip rap along the property shoreline which provide habitat for numerous fish, crabs, and barnacles, growing on and around the shoreline and existing dock piles. The survey area was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Snook Bay as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Page 2 of 3 111■1111=1•1■ MARKOVITZ RESIDENCE SUBMERGED RESOURCE SURVEY FEBRUARY 24,2014 Table 1 —Observed Fish Species Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. Barnacles were observed growing on the rip-rap and existing dock piles. The existing dock provides cover which is the area where all the observed fish species were located including: Gray Snapper(Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus),and a few Common Snooks(Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed boatlifi installation. Page 3 of 3 PRE-APP NOTES RESIDENTIAL BOAT DOCK EXTENSION (BDE) PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# Z.4,14 Date: .4. 14 Time: - Conference Room: Project Name: 1AA i.l,:! lAJ!w c.. aortic n , ., Site Address Ia t.. / +V^ aria aL_'! Al. B. _..,.` ._ .. Applicant ..11. t" Phone:Ci •01t Fax: Assigned Planner MWE ‘," *.44.4%44N Meeting Attendees: (Attach Sign-in Sheet) Submittal Checklist is attached to Boat Dock Extension Application Notes: CNrr � -31-444/4,1-m yr ails - wbv 0 "" .aia9544crt r f1( ,r _ Lasklif . IMIOW i • '.... CO J CO ' W ...) 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STATE / FEDERAL PERMITS FLORIDA DEPARTMENT OF RIt K st cJ I I ENVIRONMENTAL PROTECTION clovtRticlR l� South District Office P.O.Box 2549 I IFRSt'III I. I VI\\MCI)JR. Fort Myers,FL 33902-2549 S1111 I ARY VIA ELECTRONIC MAIL November 21,2013 James Markovitz c/o Collier Seawall and Dock LLC 217 N Collier Blvd., #103 Marco Island FL 34145 ashley®collerseawallanddock.com Re: Collier County - ERP File No. 11-0270262-004 Dear Mr.Markovitz: On October 25,2013,we received your request for verification of exemption to perform the following activities: Install a new boat lift at an existing dock and install handrail along the eastern side of the eastern most dock on the property to ensure that there are only two boat slips at the property at 29 Pelican Street E,Naples,FL 34113 in Snook Bay,Class III,Outstanding Florida Waters and Rookery Bay Aquatic Preserve,Section 5,Township 52 South, Range 26 East,Collier County. Your request has been reviewed to determine whether it meets the requirements for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States.The kinds of authorization are(1)regulatory authorization,(2) proprietary authorization(related to state-owned submerged lands),and (3)federal authorization.The authority for review and the outcomes of the reviews are listed below.Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations,refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review-VERIFIED Based on the information submitted,the Department has verified that the activity as proposed is exempt,under Chapter 62-330.051(5)(b),Florida Administrative Code,from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. :III Jiy Note fl.Ill This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year,and will not be valid at any other time if site conditions materially change,the project design is modified,or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification,provided: 1)the project design does not change; 2)site conditions do not materially change;and 3)there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-year expiration of this verification,a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review,as changes may result in a permit being required. General Conditions for Exemptions The following apply when specified in an exemption in Rule 62-330.051,F.A.C.; 1. Activities shall not exceed a permitting threshold in section 1.2 of the applicable Volume II; 2. Construction,alteration,and operation shall not a. Adversely impound or obstruct existing water flow,cause adverse impacts to existing surface water storage and conveyance capabilities,or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; b. Cause an adverse impact to the minimum flows and levels established pursuant to Section 373.042,F.S. c. Cause adverse impacts to a Work of the District established pursuant to Section 373.086,F.S.; d. Adversely impede navigation or create a navigational hazard; e. Cause or contribute to a violation of state water quality standards.Turbidity, sedimentation,and erosion shall be controlled during and after construction to prevent violations of state water quality standards,including any antidegradation provisions of paragraphs 62-4.242(1)(a)and (b),subsections 62- 4.242(2)and (3)and Rule 62-302.300,F.A.C.,and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters due to construction-related activities.Erosion and sediment control best management practices shall be installed and maintained in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual(Florida Department of Environmental Protection and Florida Department of Transportation,June 2007),incorporated by reference herein (https://www.flrules.org/Gatewav/reference.asp?No=Ref-02530),and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 2 of 8 (Florida Department of Environmental Protection,Nonpoint Source Management Section,Tallahassee,Florida,July 2008),incorporated by reference herein(https://www.flrules.org/Gateway/reference.asp?No=Ref-02531). 3. When performed in waters accessible to federally-or state-listed aquatic species, such as manatees,marine turtles,smalltooth sawfish,and Gulf sturgeon, all in-water work shall comply with the following. a. All vessels associated with the project shall operate at"Idle Speed/No Wake" at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. b. All deployed siltation or turbidity barriers shall be properly secured,monitored, and maintained to prevent entanglement or entrapment of listed species. c. All in-water activities, including vessel operation,must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s)has moved beyond a 50-foot radius of the in-water work,or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving.All on-site project personnel are responsible for observing water-related activities for the presence of listed species. d. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission(FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.Copies of incorporated materials identified above may be obtained from the Agency,as described in subsection 62- 330.010(5),F.A.C. 2. Authorization to use state-owned(sovereign)submerged lands-GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under chapters 253 and 258 of the Florida Statutes,and chapters 18-20 and 18-21 of the Florida Administrative Code. The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization.As staff to the Board of Trustees, the Department has reviewed the activity described above,and has determined that the activity qualifies for a consent of use under section 253.77,Florida Statutes, to construct and use the activity on the specified sovereign submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 3 of 8 General Conditions for State-Owned Submerged Land Authorizations: (a)Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b)Authorizations convey no title to sovereignty submerged land or water column,nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c)Authorizations may be modified,suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46,F.S.,or Chapter 18-14, F.A.C. (d)Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e)Construction,use,or operation of the structure or activity shall not adversely affect any species which is endangered,threatened or of special concern,as listed in Rules 68A-27.003,68A-27.004,and 68A-27.005,F.A.C. (f)Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g)Structures or activities shall not create a navigational hazard. (h)Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,F.A.C.,within one year,of a structure damaged in a discrete event such as a storm,flood,accident,or fire. (1)Structures or activities shall be constructed,operated,and maintained solely for water dependent purposes,or for non-water dependent activities authorized under paragraph 18-21.004(1)(f),F.A.C.,or any other applicable law. Please be advised that any use of sovereign submerged lands without specific prior authorization from the Board of Trustees will be considered a violation of Chapter 253, File Name: James Markovitz FDEP File 11-0270262-004 Page 4 of 8 NNW Florida Statutes and may subject the affected upland riparian property owners to legal action as well as potential fines for the prior unauthorized use of sovereign land. Authority for review-Chapter 253 and Chapter 258,F.S.,and Chapter 18-21,F.A.C. and Chapter 18-20,F.A.C.,and Section 62-330.075,F.A.C.as required. 3. SPGP Review-APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit IV-R1,and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 25,2016. You,as permittee,are required to adhere to all General Conditions and Special conditions that may apply to your project." A copy of the SPGP IV-R1 with all terms and conditions and the General Conditions may be found at http://www.saj.usace.army.mil/Divisions!Regulatory/sourcebook.htm Authority for review-an agreement with the USACOE entitled"Coordination Agreement Between the U.S. Army Corps of Engineers Oacksonville District)and the Florida Department of Environmental Protection,or Duly Authorized Designee,State Programmatic General Permit",Section 10 of the Rivers and Harbor Act of 1899,and Section 404 of the Clean Water Act. Additional Information This letter does not relieve you from the responsibility of obtaining other federal,state, or local authorizations that may be required for the activity. Please retain this letter. The activities may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If the activities are not in compliance,you may be subject to penalties under Chapter 373,F.S.,and Chapter 18-14,F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action,the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 5 of 8 me. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28406.201,F.A.C.,a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,any email address,any facsimile number,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (1) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action,induding an explanation of how the alleged facts relate to the specific rules or statutes;and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Also,a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3),F.A.C.,petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice.Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S. must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing)under Sections 120.569 and 120.57,F.S.,or to intervene in this proceeding and File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 6 of 8 participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. Extension of Time Under Rule 62-110.106(4),F.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000,before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275,FS., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1)or 373.4275,F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S.,by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,Florida Rules of Appellate Procedure,with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,MS.35,Tallahassee,Florida 32399-3000;and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 7 of 8 Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have any questions, please contact Matt Czahor by telephone at(239) 344-5617 or by e-mail at matt.czahortildep.state.flus. When referring to this project, please reference the file number listed above. Executed in Lee,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, 4 Alb Megan Mills Environmental Administrator Submerged Lands and Environmental Resources Program South District Attachments: 2 project drawing(s) General Conditions for Department of the Army General Permits(SPGP IV-R1) Copies furnished to: Office of Coastal and Aquatic Managed Areas,Rookery Bay Aquatic Preserve CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and authorization to use sovereignty submerged lands,including all copies,was mailed before the close of business on November 21,2013,to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52(7),F.S.,with the designated Department clerk,receipt of which is hereby acknowledged. •r11.2,4< November 21,2013 Clerk Date File Name: James Markovitz FDEP File No.: 11-0270262-004 Page 8 of 8 SPECIAL CONDITIONS FOR USE OF THE SPGP IV-RI 1. The District Engineer reserves the right to require that any request for authorization under this general permit be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP IV-RI does not automatically guarantee authorization. 2. No activity is authorized under the SPGP 1V-R1 which may impact a federally listed threatened or endangered species or a species proposed for such designation, or its designated critical habitat. 3. On a case-by-case basis the Corps may impose additional special conditions which are deemed necessary to minimize adverse environmental impacts. 4. Failure to comply with all conditions of the Federal authorizations under the SPGP IV-RI would constitute a violation of the Federal authorization. 5. The SPGP IV-RI is not applicable in the geographical boundaries of: Monroe County; the Timucuan Ecological and Historical Preserve (Duval County); the St. Mary's River,from its headwaters to its confluence with the Bells River; the Wekiva River from its confluence with the St. Johns River to Wekiwa Springs, Rock Springs Run from its headwaters at Rock Springs to the confluence with the Wekiwa Springs Run, Black Water Creek from the outflow from Lake Norris to the confluence with the Wekiva River;canals at Garfield Point including Queens Cove(St. Lucie County); the Loxahatchee River from. Riverbend Park downstream to Jonathan Dickinson State Park; the St. Lucie Impoundment (Martin County);all areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock (Martin County) and W.P. Franklin Lock (Lee County); American Crocodile designated critical habitat (Miami-Dade and Monroe Counties);Johnson's seagrass designated critical habitat (southeast Florida); piping plover designated critical habitat (throughout Florida); acroporid coral designated critical habitat(southeast Florida); Anastasia Island, Southeastern,Perdido Key,Choctawhatchee, or St Andrews beach mice habitat(Florida east coast and panhandle coasts); the Biscayne Bay National Park Protection Zone (Miami-Dade County);Harbor Isles (Pinellas County); the Faka Union Canal (Collier County); the Florida panther consultation area (Southwest Florida),the Tampa Bypass Canal (Hillsborough County);canals in the Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County); Lake Miccosukee(Jefferson County). 6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant's/Permittee's behalf shall conduct a search of known historical properties by contracting a professional archaeologist,contacting the Florida Master Site File at 850-245-6440 or SiteFile @dos.state.fl.us . The Applicant/Permittee can also research sites in the National Register Information System (KRIS).Information can be found at http://www.cr.nps.gov/nr/research/ If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery,modified shell, flora, fauna, human remains,ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. In the unlikely event that human remains are identified, they will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, the State Archaeologist (850-245- 6444), and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 7. No work shall be authorized under the SPGP N-RI which proposes the use of prefabricated modules for habitat creation, restoration, or enhancement. 8. No activity shall be authorized under the SPGP IV-RI which by its size or location may adversely impact water quality, fish and wildlife habitat, wetlands, or emergent or submerged aquatic vegetation. Where aquatic vegetation is present adverse impacts to aquatic vegetation from construction of piling- supported structures may be avoided/minimized by adherence to,or employing alternative construction techniques that provide a higher level of protection than, the protective criteria in the joint U.S.Army Corps of Engineers'/National Marine Fisheries Service's "Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat U.S.Army Corps of Engineers/National Marine Fisheries Service August 2001." (See http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm)Unless otherwise specifically approved by the National Marine Fisheries Service, where aquatic vegetation is present, piling-supported structures authorized under the SPGP IV-R1 must comply with,or provide a higher level of protection than, the criteria contained in the referenced construction guidelines. Additionally, because of concerns about adverse impacts to the endangered Johnson's seagrass (Halophila johnsonii), piling-supported structures in the lagoon(as well as canal) systems on Florida's east coast from Sebastian Inlet (Brevard County)south to and including central Biscayne Bay(Miami-Dade County)must also comply with,or provide a higher level of protection than, the criteria contained in the construction guidelines titled "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii)National Marine Fisheries Service/U.S. Army Corps of Engineers- February 2002." (See http://vvww.sai.usace.army.mil/Divisions/Regulatory/sourcebook.htm) Note: Both of the Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army permit application. 9. Prior to issuance of authorization, the dichotomous key titled "The Corps of Engineers,Jacksonville District,and the State of Florida Effect Determination Key for the Manatee in Florida,"dated March 2011, will be used to determine potential manatee impacts.All projects determined to be "may affect" and certain multi-slip facilities determined to be"may affect, not likely to adversely affect" will he sent to the Corps for consultation with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army permit application. The current version can be found on the Jacksonville District Regulatory Horne Page at: http://www.saj.usace.army.mill Divisions/Regulatory/sourcebook.htm 10. For projects in waters accessible to sea turtles,Small tooth sawfish, Gulf sturgeon, or Shortnose sturgeon, the permittee will utilize the"Sea Turtle and Small tooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm)and any added requirements, as appropriate for the proposed activity. Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application. 11.With respect to bald eagles, the permittee should refer to the U.S. Fish and Wildlife Service's"National Bald Eagle Management Guidelines," dated May 2007 (see http://www.fws.gov/northflorida/BaldEagles/bald-eagles.htm)for guidance and clearance. Note: The preceding should be considered an interim condition,after which, new rules may be promulgated. It is the Corps' intention that the most recently approved version of these conditions or ensuing rules will be utilized during the evaluation of permit applications under this general permit. 12. For projects authorized under this SPGP IV-RI in navigable waters of the U.S., the permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pertnittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 13.The SPGP IV-R1 will be valid for five years from the date of issuance unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps,in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the pemlit during the five-year authorization period is not contrary to the public interest. If revocation occurs, all future applications for activities covered by the SPGP IV-R1 will be evaluated by the Corps. 14. If the SPGP IV-R1 expires or is revoked prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP IV-RI will remain in effect provided the activity is completed within 12 months of the date the SPGP IV-R1 expired or was revoked. 15. The General conditions attached hereto are made a part of this permit and must be attached to all authorizations processed under this permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: tetsbp .t.a.ece' Alfred Al .UPanS.tam'jr. y C District Engineer SEAWALL & DOCK LLC RECEIVED Nov. 14,2013 South DistrictDEP To: Matt Czahor, FDEP Re: Markovitz Boat Lift Exemption EXEMPT 4-7t, 5le Nwnt 1 70262-004 Matt, Thank you for your call today, it was a pleasure speaking with you. We understand that there is a limit of two boat slips on this property location and to assure that only two will be used, we will have a railing installed on the right side of the existing dock, opposite the new boat lift, per plan. Thanks again. 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