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HEX Agenda 08/14/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA AUGUST 14, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON AUGUST 14, 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 FOIZ,tiTHAT 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— July 10, 2014;July 24, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20140001133 — G.L. Homes of Naples Associates II, Ltd. is requesting an insubstantial change to Ordinance No. 04-15, as amended, the Terafina Planned Unit Development also known as Riverstone, to allow windows on the zero lot line side yard of residential dwelling units. The subject property is located approximately one mile north of Immokalee Road (CR 846), east of the Quail Creek subdivision and north of the Old Cypress PUD in Section 16, Township 48 South, Range 26 East, Collier County, Florida, consisting of 637± acres. [Mike Sawyer, Project Manager] B. PETITION NO. PDI-PL20140000248—Parklands Associates I, LLLP requests an insubstantial change to Ordinance No. 12-30, the Parklands Residential Planned Unit Development, to reduce rear yard setbacks for single family accessory structures for pools on open space/waterfront lots from five feet to three feet and for screen enclosures from three feet to zero feet, and to add a new provision for landscape buffer easements and lake maintenance easements to be platted separately. The subject property consists of 642± acres located approximately two miles north of Immokalee Road (CR 846) and immediately adjacent to the Lee County line, east of the Quail Creek subdivision and north of the Terafina/Riverstone PUD in Section 9, Township 48 South, Range 26 East, Collier County, Florida. [Nancy Gundlach,AICP, RLA, Principal Planner] C. PETITION NO. VA-P120140000891— David Burke requests a variance from LDC Section 4.02.03 to reduce the rear yard accessory structure setback line from 10 feet to 7 feet, and from LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on the west side of the property, to allow for construction of a proposed pool and tiki hut on property located at Sorrento Gardens Unit No. 3, Block H, Lot 8 in Section 15, Township 49 South, Range 25 East, Collier County, Florida. [Nancy Gundlach, AICP, RLA, Principal Planner] D. PETITION NO. DRD-PL20130002648 — Petitioner, Lee County Electric Cooperative, Inc., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and in connection with a lot split of 5.4 acres into 2.55 acres and 2.85 acres, seeks relief from (1) LDC Section 4.02.01.A "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a minimum lot area of 5 acres for property in the Agricultural Zoning District, to instead allow a 2.55 acre parcel and a 2.85 acre parcel; (2) LDC Section 4.02.01.A "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a 30-foot side yard setback for property in the Agricultural Zoning District, to instead allow an 18.45 foot side yard setback on the east side of the existing building on the 2.55 acre parcel after the lot split, and 3) LDC Section 4.06.02.0 which requires a 10-foot wide type A buffer on property in the Agricultural Zoning District which adjoins commercially zoned property, to allow no buffer where no trees exist along the eastern property line of the 2.85 acres after the lot split. The subject property consists of 5.4± acres of land located on the west side of Collier Boulevard (CR 951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida. [Fred Reischl,AICP, Principal Planner] E. PETITION NO. PUD-CUD—PL20140000487 — 3603 Westview LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses for commercial development under Section 2.2 of the Westview Plaza PUD, Ordinance No. 83-45. The subject property is located east of Airport-Pulling Road,just south of Radio Road, in Section 1,Township 50 South, Range 25 East, Collier County, Florida, consisting of 20.37 acres. [Fred Reischl,AICP, Principal Planner] 3. OTHER BUSINESS 4. ADJOURN AGENDA ITEM 4-A • Co [ eY t Cozen y MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: AUGUST 14,2014 SUBJECT: PETITION NO: PD1-PL20140001133, TERAFINA/RIVERSTONE PUD Applicant: Agent: G.L. Homes of Naples Associates II, LTD. Robert L. Duane, AICP 1600 Sawgrass Corporation Pkwy, Robert Duane Associates Sunrise, Fl 33323 4880 Tamarid Ridge Naples, Fl 34119 Owners: G.L. Homes of Naples Associates II, LTD owns Tract R in Saturnia Falls, Phase One Subdivision. There are several hundred private property owners in the development. REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Terafina PUD to allow the following change: • Revise PUD Section 6.5, Table 1, Development Standards, to allow windows on the Zero Lot Line side of dwellings units. This request also requires 1 new deviation from the Land Development Code(LDC)which is discussed later in this report. GEOGRAPHIC LOCATION: The subject property, consisting of ±637 acres, is located approximately 1 mile north of the intersection of lmmokalee Road and Logan Boulevard, with direct access on Logan Boulevard in Sections 16, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PDI-PL20140001133: Terafina/Riverstone PUD Page 1 of 8 August 14,2014 Heating Examiner July 17.2014, Last Revised:July 21,2014. z , 1 o w — I— ti 1 i 11 _........9 r t•-• g _ - e , * • 41 CL I 4.11.11111/ *---,_ 14 Ai IIIIAri— 411.11:41.1 40 1 Rintiwitio s -- 21110114- so; :..§.70i.--liiii yr 4.,„---4".91ttsiiiirstlivirwit itt- 4.'4 w .4"= 31111111111111** 'Au eimie -.% 7" °3 "---40.--•-.T1 Iasi I -sair4'a" ir .... . „.„„ , ... ....(, 'Mt ,wo,, 4'di E 2 7 4061111 . 0 LiNe"erti410010141;I 2 *LS 1 i is '''', '•'..7_,..° m t .0.13. 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DV' -1\i I ■ OIL .- HI 1 Pi " ■ ialTal I Xi e i IP' 0 rk. p i Ili i go gs 1,71 111 1 ii N' g 40) 1 L.141.411' 11‘‘ (1 .V.747-1\ ■ rii , \ , , , .._ .1 I z . , . . 1 y�*I xr/�,w.t�av ,3113lt�..,.i1Fll6illt./,► Imeoltilihni • • `,;'i i<�4 F 1! »r; itrliti;;„.„. ,.16 i 141;:f,liltilitt . Irk 4I t . roll* Mb w s El it .� .. T 1_Y �' c1zT_ fl-.��l.�t� x a k ' c i f , . . . x �tIi' k,^^.i1• -i. ii,4, s TERAFINA/ Itti "�t��, o' IRIVERSTONE 41 .,,� l #,, �.%..Y . 4:__,`S MID ., s n 1 �jI`It• ~\ 1 ti k '', f / 4'4'4, v"+fit ',(ni" "r•i 40tdl/P rm ,0 L'�r/ .�,,`� t t • y 3 Ti - `ttfllt .'`� L r. i yu J• " 1IIIIIIIIIILIII.ir.l rlfa� w .. �'"FI]Aa^. 'SRS• a "_..`. t. 'M' 1 4:1111111c�Y'b .* _c...s•rov_w�ry _ lihtllhli�a �! 1/IINII�+tr� • - v V r L„,...z.--R„,. i,Y7' y� ,,„ 4.54VT04NrCT ti• .: 4p . o d 6 y� �� f.' a I.ta:rf �eAapgk�L,#rti` :tt l �.,fA...' .._, ,+Sf 4. 0 ;rfa, �� 2 iy «yntltt:g,s '.,,1"• -'1` A 4.i ti rr ,.+ „, l „,-,,i,„1,-0 �' [j5 7J.4 4 CT '� $ 5°- ,IL - .,„� *4 Z mac, i�' \ "r a . p. . /� , - 0 :i"_cxr.4j�o•sw tlaoga�L, fib.. 1 \..r � ri 0-1.21 '�`..'.• Aerial Photo(subject property depiction is approximate) L PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Terafina PUD was originally approved on November 27, 2001, in Ordinance Number 01-71, which was repealed on March 9, 2004, by Ordinance Number 04-15, which allowed for a maximum of 850 dwelling units. The PUD was amended several times, most recently in Ordinance Number 08- 145,and again with HEX Decision 2014-10. This requested amendment would allow widows to be located on the zero lot line portion of dwelling units constructed on zero lot line parcels within the PUD. The widows would be allowed in living areas of these dwelling units. excluding bedroom and bathroom areas. PDI-PL20140001133: Terafina/Riverstone PUD Page 3 of 8 August 14,2014 Hearing Examiner July 17.2014, Last Revised:July 21,2014. ANALYSIS: The petitioner is seeking approval of one deviation 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: it is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. Deviation#1 seeks relief from LDC Section 4.02.04.D.1,which states that the zero lot line portion of dwelling units shall be void of doors and window where such walls are contiguous to an adjoining lot in cluster developments. The proposed deviation is to allow windows, but not doors,on such zero lot line portions of dwelling units limited to living areas,except for bedrooms and bathrooms, Petitioner's Rationale: The applicant's agent has provided the following justification: The proposed deviation will not adversely influence living conditions in the neighborhood. The proposed deviation will increase light enhancing livability of the zero lot line side of the dwellings and not windows are included in bedroom or bathroom area. The approval of this deviation will enhance the architectural treatment of the proposed dwellings, enhance the livability of the proposed units by increasing light and airflow, and the aesthetics of the neighborhood The deviation will also not contravene the public health, safely or welfare of the community Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC and Administrative Code of Collier County. PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: Section 10.02.1.3.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 PUD. PDI-PL20140001133: Terafina/Riverstone PUD Page 4 of 8 August 14,2014 Hearing Examiner July 17,2014,Last Revised:July 21,2014. 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. 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. PDI-PL20140001133: Terafina/Riverstone PUD Page 5 of 8 August 14,2014 Hearing Examiner July 17,2014, Last Revised:July 21.2014. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modification to the Master Plan does not increase the intensity of the permitted land uses. In addition, the PUD documents specify the project density and the total number of dwelling units that can be built along with the requirement for retained native vegetation and open space. The PUD document also specifies the uses allowed and provides development standards that regulate the height of the permitted structures. As a result, the proposed amendment will not change the approved density and/or intensity authorized by the PUD document or otherwise affect any element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)902., F.S., and any changes to a DRUPUD 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 Terafina PUD is not a DRI,therefore this criteria is not applicable. 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 change is not deemed to be substantial. 1. Does this petition change the analysis of the finding and criteria used for the original application,attached as Attachment C to this staff report? No, the change proposed does not change the original analysis, rezone findings, or PUD findings for the original application and staff report. NEIGHBORHOOD INFORMATION MEETING(NIM); The LDC does not require NIM's for PDI petitions. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated July 17, 2014 for PDI- PL20140001133 on July 21, 2014. PDI-PL20140001133: Terafina/Riverstone PUD Page 6 of 8 August 14, 2014 Hearing Examiner July 17,2014,Last Revised:July 21,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County.Hearing Examiner approve Petition PDI-P1.20140001133. Attachments: A. Application B. Rezone and PUD findings for initial approval of PUD(Ordinance number 04-15). POI-PL20140001133: Terafina/Riverstone PUD Page 7 of 8 August 14,2014 Hearing Examiner July 17,2014,Last Revised:July 21,2014. PREPARED BY: id/ • , _lL7. 14 . I H L SA YER, PR CT MANAGER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: n_v 7 . 1 7 14- RAYMON'V. BELLOWS,ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT =! ' 7- %e Ai MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PDI-PL20140001133: Terafina/Riverstone PUD Page 8 of 8 August 14,2014 Hearing Examiner July 17,2014,Last Revised: REZONE FINDINGS PETITION PUD-03-AR-4528 Division 2.7.2.5. 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: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The property is located in the Urban Mixed Use District, Urban Residential Sub-district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four(4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD. The total number of dwelling units proposed is eight hundred and fifty (850) on x=168 acres proposed for residential use. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within the Terafina PUD is consistent with the FLUE contained in the Growth Management Plan. 2. The existing land use pattern. North-The Parklands PUD is a golf course community that is approved for 1,603 units and at a density of 2.5 units per acre. East- The Mirasol PUD is a golf course community that is approved for 799 units and at a density of 0.51 units per acre. South-The Olde Cypress PUD that is approved for 1,100 units and at a density of 2.1 units per acre. West- Logan. Boulevard right-of way and the Quail Creek Subdivision that is zoned RSF-2 and"GC"Golf Course. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The currently approved and proposed amendment to the Terafina PUD remains sufficient in size and will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Terafina PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed petition is appropriate since the approved land uses will not change while the overall PUD project intensity will remain the same because no additional dwelling units are proposed. In addition,this petition is still compatible with the surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the Terafina PUD. The proposed change will have no significant impact upon the residential. components of the PUD. 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. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in an overall decrease in daily trips within the PUD. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. in summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. 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 are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within this PUD will not be affected by the requested change. Therefore, staff is of the opinion that this petition will not adversely affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties within the Terafina PUD will not be affected by the requested change. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 1.5. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject site is currently zoned PUD. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision.. 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. The area within the Calusa Island Village PUD affected by the proposed change is currently structured to receive such development. 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 they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUD-03-AR-4528 Section 2.7.3.2.5 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Terafina PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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 Terafina 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. The subject petition has been found consistent with the goals,objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LUC to assure harmonious relationships between projects automatically regulates external relationships. S. 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. 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. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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 criteria essentially requires an evaluation of the extent to which development standards 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 change is simply a shift in the amount of commercial use. • RIVERSTONE PUD JUSTIFICATION FOR DEVIATION FROM LDC SECTION 4.02.04.D. I. Deviation No. 1. is to allow for window treatments on the Zero Lot Line(ZLL)side-yard of the dwelling unit.only within living areas, excluding bedrooms and bathrooms: doors are also not permitted on the Zero Lot Line side yard. The justification for the Deviation is set forth as follows: The proposed Deviation will not adversely influence living conditions in the neighborhood. (See Rezoning Criteria. Section 10.03.05.1. No.6 of the L.D.C. included in this submittal. The proposed Deviation will increase light enhancing livability of the Zero Lot Line (ZLL) dwelling. (See also Rezoning Criteria L.D.C. Section 10.03.05.1. No. 9 of the L.D.C. attached). Security will not be jeopardized because doors are not included on the Zero Lot Line (ZLL) side of the dwelling and no windows are included in bedroom or bathroom areas. The approval of this Deviation will enhance the architectural treatment of the proposed dwellings, enhance the livability of the proposed units by increasing light and air flow, and the aesthetics of the neighborhood. The Deviation will also not contravene the public health, safety or welfare of the community. (See also attached Window Treatment Detail for Zero- • Side Lot Line dwelling unit). Jusuticatten Only for Review Purposes Ptfl)!NM USI AN`rIAL CHANGE.S lnwubstanGnl Chanties Ito erstoneireratina PUD Revision flute July 08.2014 Words underlined are added.words atraek through are deleted ass indicates break in pages • Robert L. Duane & Associates Land Planning & Zoning Consultants 1. I. C. P 4880 Tamarind Ridge Dr. Naples FL. 34119 (239)353-41 b7 robertrosalba.duane@yahoo.com yahoo.com • Terafina/ Riverstone PUD (FKA Terafina) PL20140001133 Insubstantial Change PDI July 31 , 2014 • i fi;. 4 Cotlier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coilierxov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PD)) LDC subsection 10.02.13 E&Code of Laws section 2-83-2-90 •r >h^ Adnrinist,:tiy, 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 hystafj DATE PROCESSED APPLICANT CONTACT INF(- •'1:ATION' • Name of Applicant(s): G.L. HOMES OF NAPLES ASSOCIATES II, LTD.* Address: 1600 Sawgrass Corporate Pkwy.Suite 400 Sunrise FL 33323 City.. State: ZIP: Telephone: (954)753-1730 Cell: N/A Fax: (954) 575-5240 E-Mail Address: kevin.ratterree@glhomes.corn Name of Agent: Robert L. Duane, AICP & Kevin Ratterree, AICP. ( See agents info, below) rPH4PHRTY AGRNTS: ''��}}I •Robert L. Duane, AICP. Robert L. Duane & Associates 4880 Tamarind Ridge Dr. Naples, PL.34119 t (239)353-4157 robertrosalba.dunne4yahoo.eom ilt .Revin Ratterres, AICP, V.P. G.L. Homes 1600 Sawgraaa Corporate P I VA-my. Suite 400 Sunrise, PL.33323 (954)753-1730 PAX (954) 575-5240 kevia.ratterreellgihomes.com E-Mail Address: kevin.ratterree@glhomes.com / robertrosalba.duane @yahoo.com DISCLOS'!PE Or !NM; ,Ntrr,PV Is the applicant the owner of the subject property? • Yes ( I No 1. If applicant is a land trust, so indicate and name the beneficiaries below. • ix 1 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. *G.L. Homes of Naples Associates II, Ltd. 2/6/2014 By C.L. Homes of Naples I I Corporation, Page 1 of 5 General Partner. By Kevin Ratterree, Vice President.si,i:A77AChMEr, Cottier County • COLLIER COUNTY GOVERNMENT 2 800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coi jergov.ne (239)252-2400 FAX:(239)252-6358 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. I I 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) AIL OF REt:, 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. PUD NAME: Riverstone/Terafna PUD ORDINANCE NUMBER: 08-45/05-06/04-15 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.1S�EE ATTACHED LEGAL/ DEED. No master change is proposr! !See attached description of text change in cover letter. Attach on a separate sheet, a written description o the map or text change. Does amendment comply with the Growth Management Plan? (•( Yes I I No If no, please explain: Has a public hearing been held on this property within the last year? Yes ( 1 No G L.Homes of Naples Associates II,Lid By G.L.Homes of Naples II Corporation.General Partner 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? [■J Yes j ] No If yes, please describe on an attached separate sheet. 2/6/2014 JSee attached description of text change in cover letter.I Page 2 of s Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239) 252-2400 FAX:(239)252-6358 1_18M€ 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. f; O. ;EIYi_,t,_ ; Ftti ;)PIES REOU€RE€ Completed Application (download current form from County website) x n Pre-Application Meeting notes II Ix I Project Narrative, including a detailed description of proposed changes n x and why amendment is necessary Detail of request (x Current Master Plan& 1 Reduced Copy I I Revised Master Plan& 1 Reduced Copy 1 (X Revised Text and any exhibits F7- n List identifying Owner&all parties of corporation 2, U ri Affidavit of Authorization signed & notarized ?_ d Completed Addressing Checklist 8 (z _ • Copy of 8%: in.x 11 in.graphic location map of site $ rx 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 El Pre-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 2800 North Horseshoe Drive �f J Naples, FL 34104 05/ /2014 Applicant/Owner Signature Date • ROBERT L.DUANE Applicant/Owner Name(please print) 2/6/2014 Page 3 of 5 Collier County • COLLIER 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 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- application meeting, please allow 3 days for processing Not all items will apply to every project. Items in bold type are required FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months 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) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change— Unplatted) ❑ PNC (Prcject Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans& Plat Review) ❑ VA(Variance) • ❑ PSP (Preliminary Subdivision Plat) ❑ VRP Vegetation Removal Permit; Q PUD Rezone (Insubstantial Changes ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 1. Parcel Number: Section 16. Township 48. Range 26 East. Collier County FOLIO(Property ID)NUMBER(s) of above (attach to. or associate with. legal description if more than one) Riverstone,ITerafina PUD. 72640030484 STREET ADDRESS or ADDRESSES (as applicable. if already assigned) 360 Seven Seas Drive . Naples FL 34119, FL • LOCATION MAP must be attached showing exact location of projects to in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) To Add a New Deviation to Section 6.5. Table 1(Pertaining to Windows ) ZLL. PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only; SDP - or AR or PL# Collier County COLLIER 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 in. condominium documents(if application; indicate whether proposed or existing) PDUA Riverstone/Terafina PUD. 72640030484 Ord. 05-06; 08-45; 04-15 Please Check. One ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Robert L. Duane & Associates Representing: G.L.Homes PHONE 239-353-4167 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) Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED S 0 j 0 -----, I , • .< , U o A • O W A18 NVOO� 1 O cD - c m I ' n, U 0 S > (113 + CD c� w z O � ) > z z ' a. ,- o , z o 0 -' Q r--1 0 ' o " Q Z Z U CC (I)W J J i atio JN��nd-i2i d�11�� U o CC L � 0 \ o ra S o _ __ >NV 8 au.. ;131000 1 11V21 IWbIWNi MOW v LaJ CD U lie—0 'b4 11I823INVA 'aG 1-1182J3ONV ircr z' i ,v t--^'"J • PUD INSUBSTANTIAL CHANGES i • PUD INSUBSTANTIAL CHAND S insubstantial Changes Riverstoneftcrafina PtJD Revision Date:July 10,2014 Words guskgjinggl.are added;Words alfook-thinwgh arc deleted; ""indicates break in pages mi. --- AMENDMENTS TO SECTION VI OF THE DOCUMENT • Section VI,entitled"Permitted Uses and Dimensional Standards for Residential Development"of the PUD document attached to Ordinance 04-15 as amended,the Terafina PUD, is hereby amended to read as follows: 6.5. Development Standards TABLE I DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- STANDARDS FAMILY' LOT FAMILY FAMILY FAMILY DETACIIED LINE AND ATTACHED DWELLING 7 DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F per I AC S.F. S.F.'I' d.u. Minimum Lot Width o) 50 35 45 30 100 Front Yard Setback 20")°) I 5(4 i 15'4' 204) 20" (Principal and Accessory Uses) Side Yard Setback 6.0.6) 0 or 10 0 or 6 0 or 12 .5 BH Rear Yard Setback: 20 20 20 20 25 Principal -Lots back to back Rear Yard Setback: 10 10 10 10 15 Principal- Lots abutting lakes easement areas and 4110 common open apec areas i Rear Yard Setback: 10 10 10 10 10 1estssor}Structures Rear Yard Setback: 5 5 5 5 5 Accessory POW and Sptit45)' —lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Screen enclosures —lots bark to back Rear Yard Setback; 3 3 3 3 3 Accessory Pools and Spat(5) —lots abutting lakes easement areas and common open space areas — Rear Yard Setback: 0 0 0 0 0 Accessory Screen enclosures —lots abutting lakes easement areas and common open space areas I Maximum Zoned Building Height : 35 35 35 35 35 _ Maximum Actual Building Height 38 38 38 38 —38 Distance Between Structures N/A N/A N/A 10 .5 BH Floor Area Minimum.(S.F.) 1600 1400 1200 1200 1200 Preserve Arca Setback: 25 25 25 25 25 Principal Structures Preserve Area Setback: 10 10 10 10 10 Accessory Structures All distances are in feet unless otherwise noted. BH=Building Height 2 MD INSURSTANTIAL C11ANGES • Instihstaniial Changims Riverstonei feratina PUD Revision Date Jul} 1 ii 2014 Words underlined are addeit words sumek-thoyugitl are deleted ***indicates break in pages • Notes: 1. Each half of a duplex,unit requires a lot area allocation of thirty-five hundred(3,500)square feet for a total minimum lot area of seven thousand(7,000)square feet. 2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero(0) foot yard option is utilized,the opposite side of the structure shall have a ten(10) foot side yard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet the LOC standards for minimum landscape and buffers. 6. A corner lot shall be defined as a lot wherein two yards directly abut road right-of-way. The front setback of a corner lot shall be measured from the side with the shortest roadway frontage and the other side with road frontage shall be designated as a side yard. The minimum front setback on a corner lot shall be 15 feet. 7. See also Deviation 1.pertaining to Design Standards for Clustering Zero Lot Line dwellings. E. Deviations: I. Deviation#1 seeks relief from LDC Section 4.02.04 D_1, which prohibits doors or windows on the zero lot line portion of a dwelling unit in a cluster development where such wall is contiguous to an adjoining lot line, to allow windows, but not doors, on the zero lot line portion of the dwelling unit. Windows subject to this deviation may only be located on walls of the living area of the dwelling unit, and shall not be located on walls ofa bedroom or bathroom. • PUI.)INSUI3STANTIAI.CHANGES Insubstantial Changes Rivers tonelrerafina PUD Revision()ate:July 10,2014 Words rJ arc added;words ugh we deleted, •*'indicates break in pages • t 1> , ,! ' i: ' * E , .t, a Q N 3 • V.Lrl a 1 Wijj O "4 r_t W , ., N4 1 e w : ., • is- a } Luz v woo 1 bit (D iii 4•1IIIIIIIIII • A ' Pik ' '1111k ' ' r-r1 EIE E i. , ,f I !, 't i 1 , , niti L I ,-,. ft =I . 1 4 ?.:•4 2 0 , 2 , g • mi;:r at LiL,J NYld — 11 l Lel c4 U.J 4 tNi '41% I. ■ 't"_ "se , 1 1; 11 , . 1 , • 08 ni • - / 77-- 2 \ 2 ! { \ .. / « \ • .. R , R � \ . ;. \ ii , t ' N old 11 NVid IF \ ^, • } 2 ^ ' w f N : § \: r � § �\\ Ef. : ( \ ;. < . ` \ . . a . . . � . , . . . _ . y . . \. . . «. | : \ 7 � \ \ � a /y ! • . � j /i! <: f/ci! et¢ EVALUATION CRITERIA SECTION 10.02.13 PUD RE7ONING CRITERIA 4110 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 access, drainage, sewer, water and other utilities. The Terafina PUD also known as Riverstone is currently under construction. Most of the infrastructure is in place or currently under construction. Access is provided from Logan Blvd North pursuant to the approved subdivision plans. County sewer and water serves the proposed development. The drainage system is largely in place. The PUD is suitable for the planned residential uses. The Parklands RPUD/DRI is located to the North; The Olde Cypress PUD is located the South and permits commercial and residential uses; and the Mirasol PUD is located to the East and is a residential Planned Unit Development. The approved Terafina/Riverstone PUD is suitable for development and compatible with the surrounding area. 2. Adequacy of evidence of evidence of unified control and suitability of any proposed agreements,contract,or other instruments, or for amendments in the 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. Findings and recommendations of this type shall be made only after consultation with the County Attorney. • The Riverstone at Naples Homeowners Association, Inc. (HOA) will be responsible for the operation and maintenance of common areas and facilities owned and operated by the HOA at such time as (i.L. Homes of Naples Associates II. LTD. turns over their responsibility to the I-10A. for facilities that are not maintained at public expense. 3. Conformity of the proposed RPU1) with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district,policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district,policy or other provision.) N.A. 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. The proposed PUD amendment to add windows to the Zero Lot Line side of the dwelling unit will not have an effect on internal or external compatibility, and will enhance the aesthetics of the community. 11111 (The proposed justification for the windows oc °s is attached in the Justification for Deviation No.2.) • 5. The adequacy of usable open space areas in existence and as proposed to serve the development. N.A. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. N.A. 7. The ability of the subject property and of the surrounding area to accommodate expansion. The developments of this PUD and surrounding PUD's have been planned for many years. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. • The proposed PIJD change is justified in meeting a public purpose as set forth in the application. r[it+i r�.l•raei id tier.wnEi Md.*cx 2 I¢isss,.tiars?,t!E;"ltd ¢;r 3+?1 r"jtafa 17 1 w i'.I,,,i.'Pt'.3:F dint-rt+fees nae •frisra 3 sI v•}F<. ts0. ti PUD REZONING CRITERIA • SECTION 10.03.05 I I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. N.A. 2. The existing land use patterns. The subject property abuts lands to the North that is the Parklands RPUD/DRl a vacant residential community. Property to the South of the subject property is the Olde Cypress PUD that is a residential community with some commercial uses that is largely built out. Property to the East of the subject property is the Mirasol PUD a residential community that is in the early stages of development. The Terafina PUD is of a similar size and character of the PUD's surrounding it. 3. The possible creation of an isolated district unrelated to adjacent and nearby district. NA. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes. N.A. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. N.A. 6. Whether the proposed change will adversely influence living conditions in the Neighborhood The proposed changes will not adversely affect living conditions in the neighborhood the addition of windows on the Zero Lot Line side of the dwelling units will enhance the aesthetics and improve light and air. 7. Whether the proposed change will create or excessively increase traffic congestion • or create types of traffic deemed Incompatible with surrounding land uses,because nu.•ai t SS;, J 0 i ■■ Plop,rt Mt,1pup. ay+i'lt.asti r :'"�-&iSS35 a-fh4 of peak volumes or projected types of vehicular traffic,including activity during construction phases of the development,or otherwise affect public safety. N.A. • 8. Whether the proposed change will create a drainage problem. N.A. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. N.A. 10. Whether the proposed change will adversely affect property values in the adjacent area. N.A. 11. Whether the proposed change will be a deterrent to the improvement of development of adjacent property in accordance with existing regulations. N.A. • 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed minor change to the PUD do not rise to the level of granting a special privilege by allowing windows on the Zero Lot Line side of the dwelling units. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning See cover letter. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. N.A. 15. Whether it is impossible to find other adequate sites in the county for the proposed .1:511 N 'z1 t'ltci'tl q%:,'71zl1t?Y I VO!;i 4 felciai.i Rlti l?i3 t 1441i', tt`1Ci 4r:flaf A .) OK 152 A) ettl$5rrt l atrzrt311 ! r,t r(k4^ti3;. Rt=e-1:10Aihtte-`,443 1, "I,4.3 use in districts already permitting such use. N.A 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. N.A. 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 grow management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance(Code Ch. 1106,art. 11/,as amended. N.A. 18.Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health,safety,and welfare. Such factors will be considered at the time of the public hearing before the B.C.C. to insure future protection of the public,safety,and welfare. • • i s=ai3 i a r a r t r.tkrs.k ?...rr a rrsor a ri Inau€ t uRrfl!L:ktnrr k ,1.1!,3 I{;t) ne Proper( kcar r tr rotlr kr ''64';O )-4P--{ 3'i art r rr D rk fir V< r't • RIVERSTONE PUD JUSTIFICATION FOR DEVIATION FROM LDC SECTION 4.02.04.D. 1, Deviation No. 1. is to allow for window treatments on the Zero Lot Line(ZLL)side-yard of the dwelling unit. only within living areas, excluding bedrooms and bathrooms: doors are also not permitted on the Zero Lot Line side yard The justification for the Deviation is set forth as follows: The proposed Deviation will not adversely influence living conditions in the neighborhood. (See Rezoning Criteria. Section 10.03.05.1.No.6 of the L.D.G. included in this submittal. The proposed Deviation will increase light enhancing livability of the Zero Lot Line (ZLL) dwelling. (See also Rezoning Criteria L.D.C. Section 10.03.05.1. No. 9 of the L.D.C. attached). Security will not be jeopardized because doors are not included on the Zero Lot Line (ZLL) side of the dwelling and no windows are included in bedroom or bathroom areas. The approval of this Deviation will enhance the architectural treatment of the proposed dwellings, enhance the livability of the proposed units by increasing light and air flow, and the aesthetics of the neighborhood. The Deviation will also not contravene the public health, safety or welfare of the community. (See also attached Window Treatment Detail for Zero- Si• de Lot Line dwelling unit). Justification Only for Review Purposes • Pt}I)INSt;'S t AN"f1Al.C'HANGCS Insubstantial Changes Riverstnneflerafina POI) Revision I"kaie July(IS.2014 Words pndcr{inod are added;words aa'ruek-tltroeh are deleted. •••indicates break in page 4.0 .04 Standards for Cluster Residential Design A The purpose of cluster development is to provide a unique and innovative alternative to the conventional residential development in the RSF 1 through 6, RMF-6, PUD and VR districts by creating a more varied, efficient, attractive, and economical residential development containing a more usable pattern of open space. It is intended to implement the(GMP) by, among other things, encouraging compact urban growth, discouraging urban sprawl, and encouraging the conservation of environmental resources. B. This section shall apply to all parcels of land under single ownership within the RSF 1 through 6, RMF-6,VR and PUD zoning districts which permit cluster development. C. Conditional uses approved for cluster development may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the cluster development is located shall be used as the basis for all computations of allowed reductions. The following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cluster development. 1. The maximum allowable gross density in any cluster development shall not exceed the maximum allowable gross density of the residential zoning district in which the cluster housing development is located. 2. The following site design and dimensional standards shall apply to cluster development: Table 5.Table of Design Standards for Cluster Development. Design Standard Minimum lot area per single-family unit 3,000 sq.ft. Minimum lot width Cul-de-sac lots 20 feet All other lots 40 feet •Minimum setbacks ��mcka � ��y �- Front yar front entry garage 20 feet side entry garage 10 feet Side yards zero lot line on one side 10 feet remaining side no zero lot line 5 feet each side Rear yard principal structure 10 fee accessory structure 3 feet �� D. Requirements for zero lot line developments: 1. The zero(0) lot line portion of the dwelling unit shall be void of doors or windows where such wall is contiguous to an adjoining lot line. 2.Where the nature of the construction of a residence has provided for zero(0)side yard, footings and roof overhang encroachments may be permitted onto the adjoining lot. A roof drainage system shall be put in place to prevent roof drainage from falling onto the abutting property adjacent the walls of the residence with the zero(0)side yard tolerance. Furthenmoro, provision shall be made for a three(3)foot easement on the abutting property,which shall be recorded running with the land with the residence enjoying the zero(0)lot side yard, for maintenance purposes. 3. Roof overhangs shall be prohibited over adjacent property Dneu, unless a recorded restrictive covenant creating the requisite easement interest for encroachment, maintenance, and repair of the building overhang is an element of the project. E. Common open space. 1. Alt reductions in the minimum lot area, lot width,and yard requirements below that which would otherwise be required within the district in which the cluster development is located shall be required to provide an equal amount of common open space within the same phase and general area of each cluster of homes in the • development unless said cluster development is part of a planned unit development where the open space requirements of this LDC have been satisfied. 2. Common open space shall be reserved for recreational uses. 3. Any commercial uses recreational facility subject to membership, registration, fees. or aimed at attracting outside users,shall not be counted as common open space. 4. The sale, lease, or other disposition of common open space shall be prohibited except to a nonprofit corporation or homeowners' association or other similar entity established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space area. 5 Access rights to common open space for all residents within the cluster housing development shall be guaranteed. 6. Land utilized for common open space shall be restricted to common open space in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. F. Additional reduction to the development standards provided at sections 4.02.04 C.—E. may be approved by the Collier County Planning Commission for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a • common architectural theme project the BCC shall determine that all of the following design features are incorporated into the project: 1. The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. 2. The residential project shall have a signature entranceway which serves to identify the development as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces. 3. Street materials, signage, and lighting shall be complementary and the same throughout the project's access ways. • • FLORIDA DEPARTMENT OF STATE * , DIVISION OF CORPORATIONS funbZ Detail by Entity Name Florida Profit Corporation G.L. HOMES OF NAPLES II CORPORATION Filing Information Document Number P02000030560 FEI/EIN Number 01071 1126 Date Filed 03/20/2002 State FL Status ACTIVE Principal Address 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 Changed: 05/01/2009 Mailing Address 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 Changed: 05/01/2009 Registered Agent Name & Address HELFMAN, STEVEN M., Esq. 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 Name Changed: 04/25/2013 Address Changed: 05/01/2009 Officer/Director Detail Name & Address ';,.earChs6r--v...r.!r.•uity!( a)S3arthP ? I5N9'-:?C9-•:Abt-iri1 7c^��:_+"a^_3.(+°•20:°2'.��os•es°•'/U,Fans: Title DP EZRATTI, ITZHAK 1600 SAWGRASS CORP PKWY, STE 400 • SUNRISE, FL 33323 Title VPAS FANT, ALAN J 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Title V NORWALK, RICHARD M 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Title S CORBAN, PAUL 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Title VT MENENDEZ, N. MARIA 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Title VP ARKIN. RICHARD 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Title VP HELFMAN, STEVEN M. 1600 SAWGRASS CORP PKWY, STE 400 SUNRISE, FL 33323 Annual Reports Report Year Filed Date 2012 04/23/2012 2013 04/25/2013 2014 05/01/2014 ,;ttno.t.D'alticliory.COrpornilnnSearcW:i4nrolResuftDatt,iiEn -34f5e1W,a2814-1g01,,b3Paqr:ONt4365.36::;W:.2,0L..20i4ornes%;!0.674ncy,.14 6'21 4.5.44 A aalA 2 011 2014 FLORI•A PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P02000030560 May 01, 2014 Entity Name:G.L.HOMES OF NAPLES II CORPORATION Secretary of State 40 Current Principal Place of Business: CC9056462476 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 Current Mailing Address: 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 FEI Number 01-0711126 Certificate of Status Desired: No Name and Address of Current Registered Agent: HELFMAN.STEVEN M. ESO. 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE.FL 33323 US The above named entity submits this statement for the purpose of changing its registered office or registered agent or both,in the State of Florida. SIGNATURE: STEVEN M.HELFMAN, ESQ. 05/01/2014 Electronic Signature of Registered Agent Date Officer/Director Detail : Tale OP Title VPAS Name EZRATTI,IT"ZHAK Name FANT,ALAN J Address 1600 SAWGRASS CORP PKWY,STE Address 1600 SAWGRASS CORP PKWY,STE 400 400 City-State-Zap: SUNRISE FL 33323 City-State-Zip: SUNRISE FL 33323 Ttle V Title S Name NORWALK,RICHARD M Name CORBAN,PAUL Address 1600 SAWGRASS CORP PKWY,STE Address 1600 SAWGRASS CORP PKWY,STE 400 400 City-State-Zip: SUNRISE FL 33323 City-State-Zip: SUNRISE FL. 33323 Title VT Title VP Name MENENDEZ.N.MARIA Name ARKIN,RICHARD Address 1600 SAWGRASS CORP PKWY,STE Address 1600 SAWGRASS CORP PKWY,STE 400 400 City-State-Zip: SUNRISE FL 33323 City-State-Zia: SUNRISE FL 33323 Title VP Name HELFMAN,STEVEN M, Address 1600 SAWGRASS CORP PKWY,STE 400 City-State-Lip: SUNRISE FL 33323 t rrnaby tort y that file N fonnea h Indicatoden this report arm repeat a Soo and accurate and drat my etecaunic oath;teat I an an officer or director of the omparsti n er the meon'o OrplNtss enpotosred to execute Mks gape rrFR.care the same s al ender as N merle appears won as rr�tuond L.Chapter 547.Florida Stasnbs.'and tat my name sppotc� shove,or on an attachment aim aR ether like empoweroct SIGNATURE:RICHARD M.NORWALK VP 05/01/2014 • Eiectmnic Signature of Signing Officer/Director Detail Date ._, • CORPORATE AFFIDAVIT STATE OF FLORIDA ) COUNTY OF BROWARD )ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Alan Fant, Vice President of Parklands Genpar Corporation, a Florida corporation (the "Corporation"), the General. Partner of Parklands Associates 1, 1.,LI.P, a.Florida limited liability limited partnership(the"Partnership"),who upon being duly sworn,deposes and says: 1. The undersigned is over the age of 18 years,understands the obligations of an oath, and has personal knowledge of the facts stated herein. 1 The undersigned is a Vice President of the Corporation and the Corporation is the General Partner of the Partnership. 3. The Corporation and the Partnership were formed under the laws of the State of Florida and are currently in good standing there under,and have not been dissolved. 4. Kevin Ratterree is authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUT) annual report, deviation,and/or variance application(s)submitted to Collier County. FURTHER AFFIANT SAYETH NAUGHT. • Parklands Genpar Corporation, a Florida corporation, the General Partner of Parklands Associates I,LLLP • an Fent,Vice President r The fo (go• _ ins' +t Gilt was sworn to,subscribed and acknowledged before me this i,?) day of . 4.„..ord _,L,, 2010, by Alan Pant, Vice President of Parklands Genpar Cs t iE orida corporation, the General Partner of Parklands Associates 1, LLLP, who is ersonally known to ate o produced as identification_ 1 - £ A' —a-- ' _ re �6 pyp ([N ota� ,° ►1ssor 0 DO93ese1 Printed Name: _ s:moveritiera,zota i My Commission Expires: • • Section 10.02.1.3.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.I have been listed as follows: a. is there a proposed change in the boundary of the Planned Unit Development(PUD)? No, there is no proposed change in the boundary of the PUD. b. is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No,there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. • 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 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 increased 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. 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 I E Trip Generation Manual. g. Will the change result in requirement for increased stormwater retention, or otherwise increase stormwater discharge? No. • 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. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. 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 PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 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. 2.73.5.4 or 2.7.3.5.6 of this code. The Terafina PUD is not DRi, therefore this criteria is not applicable. 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. L Does this petition change the analysis of the finding and criteria used for the original application,attached as Attachment C to this staff report? No,the changes proposed do not change the original analysis, rezone findings, or PUD findings for the original application. RPUD Criteria and Rezoning findings are attached. ..o � er Coi'iYtt.1 • 1, :,:ivfR?Natt'EN? 2SOO NORTH Ht)RSESH01 DDRIVt - --- ':"''.r+(.3+-MEN Utv1 SI()N !vAPl ES, 1 LORIDA 34104 , it (2 (1) )57 )4100IAX 1)391 's? i 3SS 1FFIi)A\l 1 OF 1t TilORI/.:1"1-RO\ tt3tt 1'I-, II ilO\ \t \1HF.Rs(s) KEVIN RATTERREE. 11)11111 n;1trn't.,t' V_P list, it ,2:1,;,.0,,,-, G.L. Homes of Naples Associates II. Ltd. • j ..i,pli.,lhl,'1. •.'.s,',:r .111irli, ,ul,ier,,:ul,.to;,l 1 ,Iiiii`Itc :el:''s c f'nc',sysr,ei ma appli.anlf.,,ntra.i nurch.1,crf and ih,i' ' By G.L. Homes of Naples II Corporation, General Partner. By Kevin Ratterree. Vice President I ha,e soli aulhoril, Is,.s ite:tTic,thhrsn;di.) reque.tc,1 and n 111111,,,' „':11a111,..,rnJ I,•>un,•,iun,,,is 111 rctc1e1ce,1 ;,r.'pe a, .1 1.,111 01 .iii :I.ti,Wl t)tprc,scd ht Mt:- I 011111) In .I.C,+rd[m ■• sslth I1h Application ant the Iand I)cs eiopmcni( ,ede. \11 an•t,cr, t.,, the utic,INm5 in din. application and ant ,I,etehe,, data .,t ,•thcr ,uppi.rucmitsrt mane' attached hereto and made a part of this application,ire•honest and no,-: • i hate atith,'riied the stall of ( ontel t ,,unit to enter upon the :ropertt during normal tt,lrl,rll_ tii'ttr• for ihe ptirp,l.e+'I ntrstiL:nnlr and es atuatinti the request made thr),ueli the.appl:ea u,,n:anti that -1 J he propert■ still he transferred. curate ed. .,,id or suh■ it ided tmcnrtimhere,i ir\ the .v,ntisUnm alto re,trietr.,rt,nimp,,,e,i ht Itic appr„t..,1 aeh,m \\e i JI Brine ' is, ,ter ,I,s11.11 nn rchr.:,rntatis: 1.1 .Ctr) .nailer,revardinr 0115,peliti,m ificitichil.,1 11hr,,t;h ' I1),+t c • 1'2, ,it,,,r),tin,:S 41 C,1l/,,n,Ifs,),! I/1t'll1ll.tif%NN1/i-CtelliA',//$1'1,1,-s u17' /5,i is •'' I /,1-,-, • 'lit' •l/')'In Ull! 15 ,l I Iltllht/ ..lili'iIlii'I -5,111/5101 1L./.,1 1 ,u' 1.111ak if( ,•ury,,l)ll `1. ■ , f/1)'t! ., .n..Nllh•I!l, s/11',1!,1 • •1 1 ! t,.5,i l,t the r, ,,,n/slur , ' J,u,,.lute h ll,",'' + .117.jit,aol i s 10 1h111N,'1./Y1 ilh'll/4/■1,'0:11 ,1(.0111k) •-.111?l:'ii+111 I,'1101/ Il!/!t'I::111I,- ,1:;1 ,1Y' •„0.11 I' .,Ill)!,',,i't1,147eIVIPIP 111,1 Iii,- ::*'11C1,‘" 0411111,^1 hifl,l •, ';1 .lr_. . •,i r=:;, , , •i5,. 1,,+rt 1 •11111, '141111;t1'1,11rf1,V,i'i!• 111, :,f'f'/L,1111 IS 111111,! 1(1, 11/1.1'flutist 1th•inh'the mote,. ,liufls 0I0 i1).• „,v,l.'. ii' h•ll,), • ,V,'1.' I510,!!t,', 1,i-t1 .1,I,thipq,' /Qt"111,1 ii,,Ill!.. '1(1111J, t.• . 'lit 1111,,40,,.. ,„0„,,r,,. 0 1 Ifs!, t,,1,711. „1111 , ,11,x, • .,'1:1 hh'11 J St'i111'"pow.,w.,,s111'fig IRJI ti 1/hlf Slit Ilt'1'Chll' Unnir penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it re true. tA44A--t alf/tete/141/C—,_i_ V-.3' _ .._X 1/1‘_ Signature Date STATE OF FLORIDA COUNTY OF GAiebiiii-• �i 0niiikdt, ;t).- 'lot'1:u ng ,nstr ument wit, ',worn to (or affirrned) min ,ubscrlben bruin mt° on .S�9 / , Y/A/�4TT �4,Marne of Ucrson v rovrdrn S oath or affirmation). a ✓i? � A.L. y oAfcS o f N"*r r,t 22 (+9"F :-••• .onaity mown to me of who hat produced (type of .d,'ntif:r.,tlon, ., .... ..-ii, .,•. a, 2 • •1 \\)1"`I. \I stinatutl 1tr\ ,Tart I'uthc a ,t,,, TERRY KAPLAN LILLIAN V '' My cOMNUSSION 4 EEI2 0154 <,., .4" EXPIRES September 07,2U14 (407)344:153 Fa/tea . oom _ii.i 201.1 G.L. Homes of'Naples 11 Corporation 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 (954) 753-1730 CORPORATE RESOLUTION The undersigned,Steven M.Heitman,as Vice President of G.L.HOMES OF NAPLES IT CORPORATION, a Florida Corporation(the"Corporation"),the General Partner of G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership (the "Partnership"), hereby certifies that at a special meeting of the Board of Directors of said Corporation,which was duly called and held on the 8th day of July,2014,with a quorum present and voting,the following resolution was enacted and is still in full force and effect: "RESOLVED that Kevin Ratterree is authorized, empowered and directed to execute consent forms pertaining to any zoning, land use, concurrency, time extension, and/or variance application(s) submitted to Collier County. Be it further resolved that Kevin Ratterree is authorized and directed, for and on behalf of and in the name of the Corporation, on behalf of the Partnership, to execute consent forms pertaining to any zoning,land use,concurrency,time extension,and/or variance application(s)submitted to Collier County." • I further certify that the foregoing resolution is in conformity with the Articles of Incorporation and the By-Laws of the Corporation and that there are no provisions in said Articles of Incorporation or By-Laws which limit the power of the Board of Directors to enact the foregoing resolution or grant the authority expressed herein. I further certify that this Corporation is in good standing with all license fees and income and franchise taxes paid, and no proceeding for the dissolution or liquidation of this Corporation is in effect. IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of Su ,2014. By ...d1:'.+�ll/' !! •/ Si xi 're Vice President Title Steven M. Heitman Typed or Printed Name (SEAL) ' r '":" • = i SCOVENANT OF UNIFIED CONTROL The undersigned does hereby swear or affirm that we arc the fee simple titleholders and owners of record of property owned by: G.L. Homes of Naples Associates II, Ltd. By G.L.HOMCS of Naples II Corporation.General Partner. By Kevin Ratterree, Vice President. Riverstune PUD Property located in 3621 SANTAREN COURT, Naples,Collier County, Florida. 34119 (Street address and City,State and Zip) And legally described in Exhibit A attached hereto. The property described herein is the subject of an application for RIVERSTONE PUD(FNA TERAFIN A PUD1 Residential Planned Unit Development Amendment. I hereby designate Robert L Duane. MCP of ROBERT L. DUANE & ASSOCIATES legal representatives thereof, as the legal representatives of the properly and as such, these individuals are authorized to legally hind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to. the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entities to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will he guided accordingly in the pursuit of development of the project. I, The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the I planned unit development rezoning. I 2. The owners identified herein is responsible for compliance with all terms., wnditions, safeguards. and S stipulations made at the time of approval of the master plan, even it'the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from tie provisions of the approved plans or a failure to comply with any requirements. conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force.Collier County can,upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms,conditions and safeguards of the planned unit development. Signature of Property Owners: G.L. Homes of Naples Associates II, Ltd. By G.L.Homes of Naples 11 Corporation,General Partner By Kevin Ratterree. Vice President. By: Kevin Ratt Vice President 2, ,/ ' .: If'/,... -"■— Signature Print Name,Title 0 [NOTARY BIX:K7K.ON FOLLOWING PAGES) „ . • STATE OF FLORIDA COUNTY OF BROWARD Sworn to(or affirmed)and subscribed before me this N. day AI i ,2014 G.L. Homes of N a ilcs Associates 11 Ltd. B G.L.flomes of Na*les H C. *oration General Partner. By Kevin Ratterree, Vice President. W1221113ersanan2yvp122..ne or produced as identification. 4110 (SEAL) N•tary Public TERRY KAPLAN LILLIAN MY COMMISSION#EE1281.4 0110PLIZithill 4 EXPIRES S.p4.mbQtOI 20111 Name typecteprinted or stamped (4o1 3is4153 Matid$ $4ØV 41) 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P94000075095 Apr 23,2012 • Entity Name: Gt. HOMES OF FLORIDA CORPORATION Secretary of State Current Principal Place of Business: New Principal Place of Business: 1600 SAWGRA%CORP PKWY SUITE 400 SUNRISE,FL 33323 Current Mailing Address: New Mailing Address: 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 FEI Number;65-0527582 FEI Number Applied Fo+ ) FE)Numbar Not Applmntite Cernficate„of Simus Desired( ) Name and Address of Current Registered Agent: Name and Address uf New Registered Agent: HE.LF'MAN, STEVEN M ESQ 1600 SAWGRASS CORP PKWY,SUITE 400 SUNRISE FL 33323 US The above nernec entity submits this statement for the purpose of changing its registered office or registered agent or both, .n the State of Florida SIGNATURE Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Tit le Name PC EZRATTI,ITZHAK Address 1000 SAWORASS CORP PKWY,SUITE 400 City.StiZip SUNRISE,FL 33323 Title VAS Name. FAST ALAN J AddriKS 1601)SAWGRASS CORP PKWY SUITE 400 City,StIto SUNRISE FA, 33373 V. Name MENENDEZ,N.MARIA Address 1600 SAWGRASS CORP PKWY.SUITE 400 Cttl-Sr-Zle SUNRiSE,II. 33323 S Name CORBAN PAUL AtkItelic 1501)SAWGRASS CORP 144WY.St)ft 400 cifesi,zie SUNRISE,FL 33323 Tit* V NOMO NORWALK,RICHARD M Adores, 1600 SAWGRASS CORP PKWY,SUITE 400 1p SUNRISE,FL 33323 Titre Name PORTNOY,LARRY Andress 1130C SAWORASS CORP PKWY,SUITE 400 City-St-Zie SUNRISE,VI., 33323 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature sha t have the same lege!effect as if made under oath;that am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered SIGNATURE RICHARD M.NORWALK V 34/23/2012 Electror ic Signature of Signing Officer or Director Date ........ 3178685 OR: 3284 PG: 1227 1UCO1DID to OPPICIA1 PICOIDS of COLLII1 COATI, Pt 05/O1/2003 it 0t:051ti mart I. 11001, UM COE 15091914.00 This instrument prepared by tit PH 10.50 Timothy G. Rains, Esq. DOC-.70 111241.20 QUARLES& BRADY LLP COPIIS 2.00 4501 Tamiami Trail North, Suite 300 Iota' Naples,Florida 34103 gOA1t6IS 4 8111D1 p 4501 MIMI t1 K 1300 WS It 34103 3040 $ 10.50 recording S)I,, A 41.. O documentary stamps Property ID Number: 00183600000 SPECIAL WARRANTY DEED THIS INDENTURE, made this 5-th day of May, 2003, between Robert Vocisano. as Trustee under Land Trust Agreement dated May 24, 1995, whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, (the "Grantor'), and GLH Development, L.L.L.P., a Florida limited liability.- i t pa _ , whose mailing address is: 1401 University Drive,Suite 200,Cora}' s`PTOri• . he"Grantee). WITNESSETH, thaj�sait/Frtrinto for and in conii4er Lion of the sum of Ten Dollars, and other good and valuable consi■* n • sai C cantor\'fin hand paid by said Grantee, the receipt whereof is hereby tick w,,,,• •: '• .-:1 t ,, •:. .-,:+ ed`sand sold to the said Grantee, and Grantee's successors jnd ali7 gn f•_ . er h f+ 1 w _ `escribed land, situate, lying and being in Collier County, F1 l,F r- . " F- \ . All of Section 16, TtStrhip 48 South, Rang. 4 Th, Collier County, Florida, less and except the Westerly*! t thereof. rl \, If 'V `` Subject to covenants, casemeetits, c\ s"and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current and subsequent years. The subject property is vacant land and is not the homestead property of the Grantor, nor is it contiguous thereto. The Grantor resides at 165 Second Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through,or under said Grantor,but against none other. TO HAVE AND TO HOLD the same, in fee simple forever. TOGETHER WITH all the hereditaments and appurtenances thereunto belonging or in anywise appertaining to the property hereby conveyed. QBNAP'339o3 14.2 i x>t OR: 3284 PG: 1228 '" IN WITNESS WHEREOF,the Grantor has hereunto set Grantor's hand and seal the day and • year first above written. Signed,sealed and delivered in the presence of: Witnesses: i r ` -- - ...�. - ..% 1-4 a._ L....._.� Print •,_:‘ e: S as, Robert Vocisr o.as Trustee under Land dr Trust Agreement dated May 24, 1995 / -mm'Pfint name: ■ STATE OF FLORIDA \\ ---- ` ,>`" COUNTY OF COLLIER The foregoing instru ent'was ac% • , .ged ►.fore m; this h2 day of April, 2003, by Robert Vocisano, as T u gel ' . . , r' ate i May 24, 1995. He is (...„K) personally known to me, r h - '"` — • : tent'. i• d who did not take an oath. (SEAL) a. - 9,- t , s , V PUBLIC ',�' /I C.) - lame. .sr/=„4,ove H94 4.6 suzwittowmo# ycalass iota s , - - - Y COMMISSION EXPIRES: ■ QBNAP\19051x.2 Jul-U-ZDDl a3 5,p>r rraeetIDEN Mcd.OtKY f „N 1150 Pie3/CQ r`en I , e • ARTICLES OF MERGER OF GLH DEVELOPMENT,L.L.LP. INTO G.L HOMES OF NAPLES ASSOCIATES 11,LTD. The following Articles of Merger are being submitted in accordance with Sections 620.8905 end 620.2203 Florida Statute*. FIRST: The exact narne, street address of its principal office, jurisdiction and molly type for each party are as follows: 1. GUI Development,L.L.L_P.,a Florida limited liability limited partnership 1401 University Drive,Suite 200,Coral 5prngs,Florida 33071 fir, Florida Document/Registration Number: A02000000736 • FEIN: 04-3382786 a , 2. C3.L.Homes of Naples Associates II,Ltd..a Florida limited par'trrurstzip :ri , r;o r, 1401 Universty Drive,Suite 200, Coral Springs,Florida 33071 Florida De cument/Registraton Number: A02000030415 FEN: 57-1139861 ri SECOND: G.L. Hooves of Naples Mscciates ti, Ltd_, a Florida limited partnership located of 1401 University Drive, Suite 200, Coral Springs, Florida 33071 shell be the surviving party(the"Surviving PPrtnerahip"). THE The attached Plan of Merger meets the requirements of Sections 820.8905, 624.8903 and 620.201,Florida Statutes:,and was approved by each domestic limited liability limited partnership and domestic limited partnership that is a party to the merger in accordance with Chapter 620,Florida Statutes, FOURTH; The merger is permitted under the respective laws of all applicable jurisdIciicxrs and is not prohibited by the certtflce,te of limited partnership or the partne,sliip ago enientof either party to the merger. ifTH;The Merger shall beCOrne effective upon July 1',2004. 6711; The Articles of Merger comply and were executed in sOCarctance with the laws of the State of Florida. SFVENTH: The Surviving Partnership has obtained the written consent of G.L. Homes of Naples Associates II Corporation, to serve as the general partner" of the Surviving Partnership pursuant to Section 620.202(2),Florida Statutes. LC Li we.Q..AL FIu I 41s67c1 r1 r m ct , 4c6G53 • Ed"d dttt=zr to-aZ—Int 311;-,2?-20D4 09:51pm Prom-RODS McCLOSKY (7F,..N T-050 P.074JD06 f-rat • IN W}TNF Wi4EREOF, the undersigned have executed these Articles of Merger as or the day.of J44y, 2004. GLH gEVELOPMENT, L..L.L.P.,a Florida limited iiatlitity limited partnership By G.L.Hose::cf Naples Associates it, Ltd.,a Florida limited partnership, its general partner By G.L Homes of Naples It Corporation, a Florida corporation. its gertorsl partner Richard M.NoKvalk,Vice Present G.L. HOMES OP NAPLES ASSOCIATES il,LTD.,a Florida limited partnership. By: G.L.Homes of Naples It Corporation,a Florida cerporatiior, general partner/ j 8y:v Richard ht,Norwalk,Vice President r y, e n FTL; )241567:) //o9at o "/464 53 'bO"d dtV ZT 1O-ZZ-LnC .41-2i-2004 03:5Zpv frog-RUCEN McCt.FlSKY ITF U T-55G f.00l000 F-Ttl • • PLAN OF MERGER The following is the Plan of Merger, which was adopted and approved by each party to the merger in accordance with Section 620.8905,620.8906 and 620.201,Florida Statutes. FtRsT: The exact name and ierisdidtion of each merging party are as follows: 1. GLH DEVELOPMENT, LLL.P., is Florida limited liability limited prntr}ership (the "Terminating Partnership*), 2. Q.t.,. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida liml•.ed partnership (the"Surviving Partnen.hlp*) §FXONp: G.L, Homes of Iles Associates Il, Ltd., a Florida limited partnership shall be the surviving party. THIRD The terms and conditions of the merger are as follows: The Agreement of Limited Partnership of the Surviving Partnership, when the merger becomes effective, shall be the Agreement of Limited Partnership of the Surviving Partnership, FOURTH: The manner and basis of converting the partnership interests of the Ten-rivaling Partnership Into partnership Interests of the Surviving Partnership, in whole or In part,into cash or otter property are as follows: • When the merger becomes effective, all the outstanding partnership interests of the Terminating Partnership shall be terminated, and the partners of the Surviving Partnership shall continue as the partners of the Surviving Partnership. The Surviving Partnership Is the general partner of the Terminating Partnership and has acquired ail the limited partner:411p interests held by the former limited partner, RPH of Naples, Inc. a Florida taorporatioh, in the Terminating r arinehIp. :rye. Jet tiliThe name tend address of the general partner of the Surviving Partnership.is.ti.L Homes of Naples It Corporation,a Florida corporation,located at 1401 University-Peva, Suite 2110, Coral Springs, Florida 33071,document number P020000305E0, • Cr', .n p i■• t.n Pit;.)241367:1 hip 440 aa / ' tit: S 3 • SO-d dZts= ZL vO-aZ-t n, • ORDINANCE NO.08- 45 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-15,THE TERAFINA PUD, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO COVER PAGE; SECTION TWO: AMENDMENTS TO SECTION 6.5,TABLE 1,DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS; SECTION THREE: AMENDMENTS TO ORDINANCE NUMBER 04-15, THE TERAFINA PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT; AND SECTION FOUR: EFFECTIVE DATE. WHEREAS, Robert L. Duane, of Hole Montes Incorporated, representing G.L. Homes of Naples Associates II, Ltd.,successor by merger to GLH Development, L.L.L.P., petitioned the Board of County Commissioners to amend Ordinance No.04-15, the Terafina PUD Ordinance, and 4111 WHEREAS. the Terafina property is subject to: (I) that certain "Agreement" by and between GLH Development. L.L.L.P. and the Quail Creek Property Owners Association. Inc.: and i2) that certain "Berm Agreement" dated December 22, 2004,by and between Olde Cypress Development, Ltd.. Olde Cypress Master Property Owners Association, Inc., and G.L. Homes of Naples Associates II, Ltd.: and (3) that certain "Agreement" by and between GLH Development, L.L.L.P. and Longshore Lake Foundation, Inc., together with all schedules thereto, as any of the foregoing have been or may be amended,and in accordance with the terms thereof. r gl NOW, THEREFORE, BE IT ORDAINED BY THE BOAl&- , CO4NTY v,- COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: trl -r3 Tn r SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE S j ;NI The Cover Page of the Development Plan (also known as the Planned Unit Development Document),previously attached as Exhibit"A" to Ordinance Number 04-15 for Terafina PUD, is hereby amended to read as follows: 08-CPS-00808/PUDA-2008-A R-12861 WASS. v 7/9/Mt A TY) Words struck through are deleted;words underlined are added. Page 1 of 4 PREPARED BY: • HOLE MONTES, INC. 950 ENCORE WAY NAPLES,FLORIDA 34110 HM PROJECT 1995087 REVISED JULY 2008, REVISED BY HOLE MONIES ON JULY 25,2003 REVISED BY HOLE MONTES ON NOVEMBER 29.2001 REVISED BY COLLIER COUNTY ON OC"IOBER 23.2001 REVISED AUGUST 9,2001 REVISED JULY,2001. REVISED JUNE,2001 REVISED FEBRUARY,2001 DECEMBER,2000 SECTION TWO: AMENDMENTS TO SECTION 6.5, TABLE 1, DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS Section 6.5, Table 1, entitled "Development Standards for Residential Areas" of Ordinances Number 04-15,the Terafina PUD,is hereby amended to read as follows: �I 6.5 Icveionment Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- STANDARDS FAMILY FAMILY STANDARDS FAMILY LOT FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE 6,000 S.F. 3,500 3,500 S.F. 3,000 S.F. per NM Minimum Lot Areas S.F. d.u. 45 30 100 Minimum Lot Width 50 20` � 20 Front Yard Setback 20 lilliMil .rinds•al and access• uses) 0 or 6 0 or 12 .5 BH Side Yard Setback b 0 Rear Yard Setback:Principal 20 20 20 20 Mil —lots back to back 10 l© !p ear Yard Setback:Principal- 10 lots abutting lakes easement areas nd common o.-n s•acce areas os.CPS4xittoSiPUDA.2008-AR-l2ssi-MMSS,nsv.'i14108-A7yrke)/" Words stnielt-theengn are deleted;words n ityri$are added. Page 2 of 4 0 Rear Yard Setback: 10 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory pools and spas'`}— lots back to back Rear Yard Setback: accessory 3 3 3 3 3 screen enclosures—lots back to back i Rear Yard Setback:accessory 3 3 3 3 3 pools and spasm—lots abutting lakes easement areas and common open space areas . Rear Yard Setback:accessory 0 0 0 0 0 s screen enclosures—lots ' abutting lakes easement areas and common open space areas Maximum Zoned Building Height 35 35 35 35 35 Maximum Actual Building Height la a 31 21 a Distance Between Structures N/A N/A NIA 10 .5 BH Floor Area Min.(SF) 1600 1400 1200 1200 1200 Preserve Area Setback: 25 25 25 25 25 • Principal Structures Preserve Area Setback: 10 10 10 10 10 i Accessory Structures All distances are in feet unless otherwise noted. BH =Building Height 1 Notes I. Each half of a duplex, unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum tot area of seven thousand (7.000) square feet. 2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a t ve-(-1-2)ten(10)foot sideyard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet the LDC standards for minimum landscape and buffers. 08.CPS.W8O8fPUDA-2OO8-AR-12861-MMSS.rev.7/9/O8-A-'n Y),14-. I Words stfeek-through are deleted;words underlined are added. Page 3 of 4 • SECTION THREE: AMENDMENTS TO ORDINANCE NUMBER 04-15, THE TERAFINA PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-15, the Terafina PUD, are hereby amended to remove any and all references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code or Collier County Code of Laws and Ordinances, as appropriate, throughout the PUD document. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County,Florida,this Ci411 day of StfoittAbe ,2008. • BOARD OF COUNTY COMMISSIONERS DWIE GHT la: � E.: ROCK,CLERK COLLIER COUNTY, FLORIDA • DWI 3 PaaLlk BY Att,es is to C1ti<4 1r�`pr YtY Clerk TO HE G,CHAIR4N sieniturt oil' Approved as to form and legal sufficiency: Marjorie Vii. Student-Stirling Assistant County Attorney This ordinance filed with the tary of S` e Office day of f° 7t and acknowledgement • that filing r• -i e. this of .. 1 ' i 08-CPS-OO808/PUDA-2008-AR-12861-MMSS.rev 7/9/08•A DOW"e1ork Words atreekt-throegir are deleted;words t dcrlAnr.d are added. Page 4 of 4 ................._...... 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 2008-45 Which was adopted by the Board of County Commissioners on the 9th day of September, 2008, during Regular Session. 410 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of September, 2008 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissionere -... I+, By: Teresa 1,61aSttd, Deputy 1 1 996 08"7 ORDINANCE NO.04-t s 0, at� Ip stv AN ORDINANCE AMENDING ORDINANCE RSt � n,,'f, NUMBER 91-102, THE COLLIER COUNTY LAND "1 yHf DEVELOPMENT CODE, WHICH INCLUDES THE �. wJ COMPREHENSIVE ZONING REGULATIONS FOR 61t i X34 THE UNINCORPORATED AREA OF COWER FLORIDA, BY AMENDING THE OFFICIAL ;;,r S �` ZONING ATLAS MAP NUMBER 8616N AND BY 6, ;. CHANGING THE ZONING CLASSIFICATION OF THE A'' HEREIN DESCRIBED REAL PROPERTY FROM"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA POD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS POD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01-71, THE FORMER TERAPINA POD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,Robert L.Duane of Hole Monies,Inc.,representing Gill Development LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County,Florida,that: ETON ONE; The zoning classification of the herein described real property located in Section 16, Township 48 South,Range 26 East,Collier County,Florida,is changed from"PUD"to'MID" Planned Unit Development In accordance with the PUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 8616N,as described in Ordinance Number 91-102,the Collier County LaudDevelopmed Code,is hereby amended accordingly. SECTION TWO; Ordinance Number 01-71,known as the Terafina POD,adopted on November 27,2001,by the Board of County Commissioners s of Collier County,is hereby repealed in its entirety. Page 1of2 • ) • SECIMISLIREM This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier th County,Florida, erida,this 1 day of Hatch ,2004. ATTEST:" BOARD OF COUNTY COMMISSIONERS plli.gtittliVOCK,CLERK COWER COUNTY,FLORIDA ..„ -.L.:bb ' ! Ct. BY 1"7"144" " 4 DONN FIALA,CHAIRMAN .0) 1111111 fr. 410". tfpravedlas to orm and Legal Sufficiency This ordinance filed with the Secretory of State's Office the Ctict 11._doy ortritsilai IviatjariclO.Student and acknowledgement of that Assistant County Attorney Wino received this ASA-*iv st Dieci.e. iscs ( ruaz.tset-Ast.iistenianss, • Page 2 of 2 4 1 TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: griHOLE MONIES,INC. 950 ENCORE WAY NAPLES,FLORIDA 34110 HM PROJECT 1995087 REVISED BY HOLE MONIES ON JULY 25,2003 REVISED BY HOLE MONTLS ON NOVEMBER 29,2001 REVISED BY COLLIER COUNTY ON OCTOBER 23,2001 REVISED AUGUST 9,2001 REVISED JULY,2001 REVISED JUNE,2001. REVISED FEBRUARY,2001 DECEMBER,2000 Date Reviewed by CCPC: Date Approved by BCC: 3-q 2tb Ordinance No. Citti.f—15 Amendments&Repeals 01-11 oExhibit"A" F:WUD Docu entstTaafna3-11-04clean_doe I i .................... 7 _.. I • TABLE OF CONTENTS Page SECTION I Statement of Compliance .3 SECTION II Property Ownership,Legal Description,Short Title and Statement of Unified Control. 4 SECTION III Statement of Intent and Project Description 5 SECTION IV General Development Regulations 6 SECTION V Preserve Area Requirements 16 SECTION VI Permitted Uses and Dimensional Standards for Residential Development. 18 SECTION VII Permitted Uses and Dimensional Standards for the Recreation Center and Commercial Uses ,., 22 SECTION VIII Development Commitments 27 • EXHIBITS Exhibit A-PUD Master Plan Exhibit 13--Legal Description Exhibit C—Cross Section of Shared Buffer Area between the Olde Cypress PUD and Tera&na • 2 F:\PUD DocumentsVFcrafinal#-I 1-OAclean.doc SECTION I STATEMENT OF COMPLIANCE The development of 636.8 acres of property in Section 16,, Township 48 South,Range 26 East Collier County,Florida,as a Planned Unit Development to be known as the Terafina PUD,will be in compliance with the goals,objectives,and policies of Collier County as set forth in the Growth Management Plan. The residential component of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is located in the Urban Mixed Use District,Urban Residential Sub-district as depicted on the Future Land Use Map. The proposed gross density of 13 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan,which allows up to four(4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD(646 acres at the time of theinitiai zoning approval) prior to the dedication of±92 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. The total number of dwelling units proposed is eight hundred and fifty(850) on*168 acres proposed for residential use. 2. The subject property's location in relation to the existing or proposed community facilities and services • supports the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The proposed development is compatible with and complementary to existing and future surrounding land uses as require[in Policy 5.4 of the Future Land Use Element 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project is planned to incorporate natural systems for water management nt pi:poses in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final development orders for this project are subject to the Collier CountyCoucunencyManagement System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code(LDC)and further required by Policy 2.3 of the Future Land Use Element 8. The proposed 5,000 square feet of Convenience Cotrunercial/Neighborbood Village Center Uses located within the Recreational Center/Neighborhood Village Commercial Center depicted on the PUD Master Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict. i • 3 F:\PtfD pop tslTctrf'erat3-I 1-04cIea,4 c (�} SECTION 11 ' • PROPERTY OWNERSHIP,LEGAL DESCRIPTION,PHYSICAL DESCRIPTION,SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Owpers i The property to be rezoned is owned by GLH Development,L.LL.P. By G.L Homes of Naples Associates It Ltd.,the General Partner of GLH Development,L.L.L.P.By:G.L.Homes of Naples II Corporation,the General Partner of G.L. Homes of Naples Associates U,Ltd. 2.2 LeigilDegedpfio The property to be rezoned is described as follows: Section 16,Township 48 South,Range 26 East,Collier County,Florida,less and except the west 80' thereof(conveyed to Collier County by that certain Warranty Deed recorded in Official Record Book 3052,Page 0750),and,more particularly described in Exhibit"B" 2.3 General Description of Property The property is located approximately 1.5 miles east of 1-75,and 1 mile north of bnmokalee Road. Physical Description ` -' The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site arc(3)Malefic Fine Sand;(7)Immokalee Fine Sand;(14)Pineda Fine Sand and Limestone Substratum;(21)Boca Fine Sand;and(25)Boca, Rivieria,Limestone Substratum,and Copeland Fine Sands,depressional(16)OldruarFine Sand(10) Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was PUD. 2.4 Short Title This Ordinance shall be known and cited as the"Terafina Planned Unit Development Ordinance". 2.5 $tatement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. ! • 4 • P:\PUD Pl ocume,usaerafina13-11.O4clean.doc SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development requirements as set forth in Section 2.2.20 of the Collier County Land Development Code meeting the that purpose of this Document is to set forth the regulations for the future development ofthe project accepted planning principles and practices,and implement the Collier County Growth Management Plan. 3.2 'reject Description The project contains 636.8 acres and includes land area for residential development including preservation areas comprising(1277.74 acres). The maximum number of dwelling units permitted is eight hundred fifty(850). The project will be developed as a mixed use residential conununity which may feature an array of dwelling types and a recreation center providing for activities such as community gatherings and recreational amenities central to the community residents,including convenience commercial uses. Access will be provided from an existing sixty-foot(6(Y)wide easement(recorded in O.R.Book 2429,Pages 0275-0282 o f the Public Records of Collier County Florida)that runs from Immokalee Road north to the southern property limits of the Terafrna project,from there access will be provided ari from an existing 80' right-of-way conveyed to Collier County by that certain Warranty Deed recorded in Official Record Book 3052, Page 0750 (in compliance with Paragraph 8.2.1;1 of Ordinance Number 01-71(the original Teafina PUD Ordinance)located along the western property line thus providing access to the south to Immokaice Road and future access for lands located to the north. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan provides for areas of commercial and residential use, water management,retained vegetation and road rights-of-way as depicted on Exhibit"A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings,tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval,based on compliance with all applicable requirements of this Ordinance,the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this Document. B. The anticipated time ofbuild-out of the project is appr+oximatelyeight(8)yens front the time of issuance of the first building permit,or 2011. However,actual build-out will depend on market conditions. d � 5 F:WIJD Documtnts'ferafina\3-I 1-t 4cIean.doc SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Terafina Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Terafina PUD shall be in accordance with the contents of this Document,the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer,his successor or assignee,shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition,any successor in title or assignee is subject to the commitments within this Document, B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the _T} development of the Terafina PUD shall become part of the regulations that govern the ID manner in which this site may be developed. D. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Division 3.15,Adequate Public Facilities,of the LDC. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations,the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. ht the event of conflict between the provisions of this PUD and the LDC,the provisions of this PUD shall govern. Items not specifically regulated by this PUD Ordinance shall comply with the provisions of the LDC. 4.2 Site Clearing and Drainage Clearing,grading,earthwork,and site drainage work shall be performed in accordance with the LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. Those documents shall be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County a 6 F:1PUD Documcn4s\Terafina33-1 t-A4dr,n.doc 4) shall be counted toward the County's open space and the retention ofnative vegetation requirements, 4.4 Pro led Plan Amnon'Requirements Exhibit"A",the PUD Master Plan,constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval,a preliminary subdivision if iat p (ifrequired)shall be submitted for the entire area covered by the PUD Master Plan. All division ofproperty and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of Prior to the recording of the final subdivision plat,final plans of the required improvements shall receive the approval of all appropriate Collier County governmental with the PUD Master Plan,the County subdivision regulations he platting g to ensure the State of { Florida. y egulations and the platting laws of the State of Prior to the issuance of a building permit or other development order,the provisions of Section 3.3 of the LDC,Site Development Plans,shall be applied to all platted parcels,where applicable. I Should no subdivision of land occur,Section 3.3 of the LDC shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.5 Provision for Oft-site Removal of Earthenjulaterial The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted.. It after consideration of fill activities on .�L ),- buildable ors of IF l project site,there is a surplus of earthen material,off-site disposal is also permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Subsection 35.5.1.3 of the LDC,whereby offsite removal shall not exceed ten (10)percent of the total volume excavated up to a maximum of 24,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Zoning Director for approvaL Said timetable shall include the length of time it will take to complete said removal,hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.6 Lake Excavation and Set Back Requirements Lakes shall conform to the requirements described in Subsection 3.5.7.1.1 and Subsection 3.5.7.1.2 of the LDC. A zero(0)foot set back shall be permitted for structures adjacent to lake maintenance easement areas. 4.7 S set and Monitoring Provisions The Terafina PUD shall be subject to Section 2.7.3.4 oldie LDC,Time Limits for Approved PUD Master Plans,and Section 2.7.34,Monitoring Requirements. t • 7 F:\Pt1D DocumentsiTaatinm3-1 I-O4ciean.doc (") 4.8 Polling j'laces • Polling places shall be provided in accordance with Subsection 3.2.8.3.14 of the LDC. 4.9 Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of.277.74 acres or forty-three(43)percent of the total site area and exceed the minimum preservation area requirement of twenty-frve(25)percent. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes,open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers,passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.632 of the LDC. 4.11 Archaeological Resources The developer shall be subject to Subsection 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are located on the property. •4.12 Common Alva Maintenance Common area maintenance,including the maintenance of common facilities,open spaces,and water management facilities,shall be the responsibility of homeowners'association to be established by the developer. 4.13 Architecturaljnd Site Design Standards Development of commercial facilities within the recreation center shall meet the requirements of Division 2.8 of the LDC. 4.14 &g um A. 1. All signage shall be in accordance with Section 2.5 of the LDC, unless such regulations are in conflict with the conditions set forth in this Section.In that case, the Terafina Planned Unit Development Ordinance shall govern. 2. For the purpose of the Teraina Planned Unit Development Ordinance,each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. • 8 F:1PtJD Documents\Terafina13-11-04ceean.doc 3. Signs internal to the development shall be permitted in public or private rights-of- way subject to approval of a Collier County right-of-way permit,where applicable. 4. All signs shall be located so as not cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. � I 6. Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be required that shall indicate signage location,dimensions,and architectural style.All signage shall be of a pedestrian scale and shall be of a utnifcum character. B. Boundary Markers I. One boundary marker may be located at each property corner for a total of two (2), adjacent to the Logan Boulevard.rights-of-way. The boundary marker may contain the name of the project,and the insignia or motto of the development The sign shall be set back a minimum of 50 feet from the southern and/or northern perimeter property line. The area of the project name shall not exceed 16 square feet. 2. The setback from any public right-of-way and any perimeter property line shall be(ten) 10 feet. 3. Boundary markers may be lighted provided all lights shall be shielded in a mamter that prevents direct glare onto adjacent roadways or residences. C. Proieet Entrance Signs 1. Two ground or wall-mounted entrance signs may be located at the entrance of the PUD on Logan Boulevard and shall not exceed 40 square feet in size. Such signs may contain the name of the development, the insignia or motto of the development, and the developer's name. 2. Where one ground or wall mounted sign is provided the sign face area shall not exceed 80 square feet. If the sign is a single,two-sided sign,each sign face may not exceed 40 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for project entrance signs from the public right-of-way and any perimeter properly line shall be 10 feet. 4. Project entrance signs shall not exceed a height of 10 feet above the finished grade level of the sign site. For the purpose of this provision,finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. k 9 F:\PUD Doc umentsATaa11n3\3.13-O4ckan,doc • D. Construction Entrance Signs • L One sign, a maximum of 20 square feet is size, shall be permitted at each construction entrance,to identify the entrance as a construction vehicle entrance. No building permit is required. E. Int._ ernai Sign s 1. Directional or identification signs maybe allowed internal to the development. Such signs shall be used to identify the location or direction of approvet uses such as,but not limited to, models or model sales centers, club house, or recreational areas. Individual signs shall be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side,and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. 2. Real estate signs with a maximum of 4 square feet per side may be permitted in residential districts. Such signs may advertise"For Sale", "Sold To","Lot#",or similar verbiage. No building permit is required. F. Recreation Center Signs 1. Signs within the recreation center tract shall be subject to the provisions of Section 4.14 A and E of this Ordinance. Signage within community recreation tracts shall not be visible from any public road right-of-way. G. Traffic 5istns 1. Traffic signs such as street signs,stop signs and speed limit signs shall be designed to reflect a common architectural theme. The placement and size of signs shall be in accordance with DOT criteria. 4.15 Off Street Parking and Loading All off street parking and loading facilities shall be in accordance with Division 2.3 of the LDC. 4.16 t gajk capj All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and perimeter buffering shall be provided in accordance with Section 2.4.7 of the LDC. However,the landscape butler area along the south property line outside the flow-way shall be constructed in accordance with Exhibit C. 4.17 Work Force Housing The owner of the subject property shall provide to Collier County at no cost up to 1,736 dwelling units for the purpose of assisting the County's work force housing program. The transfer of the remaining density and number of dwelling units to be made available for work force housing is based on the original acreage contained in the FUD(646 acres at the time of the initial zoning approval) 10 P iPUD Docum Tcrsensa3-t r-ooctcan.aoc 4) prior to the dedication of x.9.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. When a work force housing program is developed to utilize the tr ansfened units,those dwelling units may be transferred to other locations under any terms and conditions the County deems necessary to achieve the goals of the work force housing program. 4.18 Sidewalks/Bdceoaths A. .Pursuant to Subsection 32.83.1.7 of the LDC and the following,sidewalks/bike paths provisions shall be pem itted as follows: I. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way,when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements;however, the landscape buffer shall be increased in width by an amount equal to the encroachment,at the point of encroachment. 4. The primary project entry mad and main spine road system shall have a minimum eight foot(8')wide pathway on one side of the street and a five foot(5')pathway on the other side of the street,or in the alternative a five foot(5')wide pathway on both sides of the street,which may meander in and out of the right-of-way. (, ... ) 4.19 Streets and access improvements • A. Street Right of Way Width Street right of way width: The minimum right of way width to be utilized for local streets and cul-de-sacs shall be fifty(50)feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. B. Dead-end streets Cut-de-sacs may exceed a length of one thousand(1,000)feet C. Intersection itautit Intersection radii: Street intersections shall be provided with minimum of twenty(20)foot radius (face of curb) for all internal project streets and a thirty-five(35) foot radius for intersections at project entran aces. D. Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4.20 Model Homes/Sales Centers/Sales Offices/Construction Offices A. Constmciion Otlicrae 1. A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the additional requirements of Subsection 24.33.3 of the LDC. The Zoning Director may extend the temporary use permit for a time period equal to the date of the issuance of the last certificate of occupancy for the project. 11 F:1PUD Docun entsgerafma\3-1 t d)4dran.doc 1 2. The model homes may use septic tanks or holding tanks for waste disposal subject to / permitting under Rule 64E06,Florida Administrative Code and may use potable or qui irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. Model Homes.Sales Centers and Sales Offices 1. Model homes, sales centers, and sales offices shall be permitted principal uses throughout Terafina PUD. 2. Model homes shall be"wet"or"thy"facilities. a. "Wet"facilities may be occupied by a sales office and/or representative. ntative. b. "Dry'facilities shall be unoccupied by a sales office and/or representative. c. Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with Subsection 2.633.4.1.11 of the LDC. 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures,other than dwelling units and dry model homes,shall not be required. 4. Temporary use permits for(a)model sales centers,(b)sales offices located either in permanent structures,within a dwelling unit,or in a temporary structure,(c)sales offices located in multi-family structures,and(d)wet model homes shall be required. a. The temporary use permit shall be issued initially for a period of four(4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the LDC,except where the model sales center,sales office,or wet model home is single family detached structures and are located within a"model home row". In that case,the Zoning Director may extend the temporary use permit for an additional year,and annually until the project is built out. 5. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a detached single family dwelling unit,a conceptual site plan (CSP) which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC;in the case of a permanent structure which is other than a dwelling unit, a site development plan(SDP); in the case of a temporary structure (mobile home or sales trailer),either a conceptual site plan(CSP)which addresses the requirements of Subsection 2.6.33.4.1.11 of the I.DC,or a site improvement plan, depending on the extent of the work requited.All other dwellings unit types require SDP approval. 6. A maximum of twelve(12)model homes shall be permitted within this development prior to final plat approval as permitted above. Model homes to be located within a detached single-family dwelling unit may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2 of the LDC. Temporary use permits for units used for sales centers in multi-family projects shall not be issued prior to plat recordation and final approval ( s of the project site development plan. •12 F:\PUD t7ocumeMai"rerafina .r: O4ctean.doc 7. Unoccupied or dry model homes shall be approved site d permitted only in�unctiart with an parking to development plan for a model sales center which provides adequate homes shall support the model(s). Temporary use petunia for occupied(wet)model require a conceptual site plan which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC. 8. These structures may use septic tanks or holding subject to permitting under Rule 64E06,Florida t for waste�subject and may use potable or irrigation wells prior to the availability ofthe centre/ utility system is available, �' • When the cxrttral e,connection to the central system shall be made. 9. All other applicable provisions of the WC pertaining to model homes,sales centers, sales offices,and construction office shall apply. 4.21 ant_and ametdnnt s m P tm r Up* or t annum Plan Changes and amendments maybe made to this PUD Ordinance and PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein maybe made by the developer in connection with any type of development or perntit application required by the LDC. The Zoning Director shall be authorized to approve minor changes and refinements to the Terafina Master Plan upon written request of the developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual at time of preliminary subdivision plat or site development shall be be consistent at with jurisdictional agency determinations. ° appmvat and shall be consistent with A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Terafina PUD lloctunemt. 2. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the LDC. 3. The minor change or refinement shall be compatible with not create detrimental impacts to abutting land uses,water m a management land uses and sand conservation areas within or external to the PUD. ntananeant facilities,and B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes,ponds,canals,preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment ofrights-of-way,other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 4. Reconfiguration of residential and recreation parcels when there is no net toss to areas identified as conservation or preserve. C. Approval by the Zoning Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval.Such approval shall not constitute an authorization for minor change or refinement without first obtaining all implementation pepermits and • approvals. runty reunite and 13 F:1PUD Do cn ATer 13-1 I-04cIm,.dac 4.22 Landscape Buffent.Berms.Fences,and Walls ✓ Landscape buffers,berms,fences,and walls are generally permitted as a principal use throughout the Terafina project. The following standards shall apply: A. Landscape benns shall have the following maximum side slopes: 1. Grassed berms:4:I 2. Ground covered beams: Internal to project—3:1. 3. Rip-rap berms: 1:1 with geotextile mat. 4. Structural walled berms:vertical B. Fence or wall maximum height: six feet(6'),as measured from the finished floor elevation of the nearest residential structure within the development. lithe fence or wall is constructed on a landscaped berm,the wall shall not exceed six feet(6')in height from the top of berm elevation for berms with an average side slope of not greater than 3:1 ratio. C. Entry gates,columns.and control gates and structures shall be limited to a maximum height of thirty-five(35)feet at the project entrance. Landscape buffers,berms,fences and walls maybe constructed along t h e perimeter of the Terafina PUD bound ry prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Planning Services Department for its review and approval prior to installation. D. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment,as Y} measured at the point of encroachment. / E. A thirty(30)foot wide shared buffer shall be provided between the Terafina project and the • Olde Cypress project to the south outside of the flow way areas depicted on the PUD Master Plan in accordance with Exhibit"C"of this Ordinance. 4.23 Fill Storage Fill storage is generally permitted as a temporary principal use,not to exceed 36 months,throughout the Terafina PUD. 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 of the fill storage areas shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope:3:1 B. Stockpile maximum height:thirty-five(35)feet C. Fill storage shall not be permitted in Preserve Areas. 4.24 Goal_Permitted Uses • Certain uses shall be considered general permitted uses throughout the Terafina PUD except in the Preservation Areas. General permitted uses are those uses which generally serve the developer and residents of the Terafina project and are typically part of the common infrastructure or are considered community facilities. 14 F:IPIJD DocumentslTcrafinal3-I I-04ckan.doe A. General Permitted.Uses: 1. Essential services as set forth under Subsection 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Community and neighborhood parks,recreational facilities. 7. Temporary construction,sales,and administrative offices for the developer and the developer's authorized contractors and consultants,including necessary access ways, parking areas,and related uses. 8. Landscape features including,but not limited to,landscape buffers,berths,fences, and walls subject to the standards set forth in Section 4.22 of this PUD ordinance. 9. Stock pile storage subject to the standards of Subsection 3.5.7.10.10 of the LDC. 10. Any other use,which is comparable in nacre with the foregoing uses,consistent with the permitted uses of this PUD,as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this Document,the following development standards shall apply to structures: I. Setback from back of curb or sidewalk or edge of more restrictive)—twenty-three feet(23')except for of any road ga gatehouses,and d access control structures which shall have no required guard back 2. Minimum distance between unrelated structures—twelve feet(12') 3. Maximum height of structures—See Table 1,Development Standards 4. Standards for parking,landscaping,signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of site development plan approval. 5. All principal structures shall have a minimum setback of twenty-five(25)feet from the property line of any preserve. Accessory structures and all other site alterations shall have a minimum of a ten(10)foot setback from the property line. 15 F:NPUD Documa}tstTc atinalj-1 t-04clealtdoc SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit"A",PUI)Master Plan. 5.2 PERMITTED USES The PUD Master Plan provides for(*277.74)acres for upland and wetland preserve areas,or forty- three (43) percent of the total site area. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building,structure or part thereof,shall be erected,altered or used,or land used,in whole or part, for other than the following stmctures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Principal Uses and Structures 1. Passive recreation areas,boardwalks and recreational shelters; ) 2. Biking,hiking and pervious nature trails; •3. Water management structures; 4. Mitigation areas; 5. Any other use,which is comparable in nature with the foregoing uses,consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. B. Development Standards; 1. Minimum Yard Regtlircntents a. Principal structures shall be required to have a minimum setback of twenty-five (25)feet from preserve areas.The PUD MasterPlan has gencrallyprovided for a twenty-five foot setback from wetlands within the boundary of the preserve area. At the time of PSP approval further documentation shall be provided that the twenty-five(25)foot setback will be maintained for principal structures from wetland areas. 16 F:1PUD Documents\Terafnal3-t 1-04clean.doc. b. A Accessory structures shall be required to have a minimum setback often(10) preserve areas,unless it can be demonstrated that the structure will not adversely impact the integrity of treat preserve.The PUD Master Plan has generally provided for a twenty-five foot setback from wetlands within the boundary of the preserve area. At the time of PSP approval further documentation shall be provided that the ten (10) foot setback will be maintained for accessory structures from wetland areas. 2. Maximgmaingamatight, Twenty five(25)Feet a f } 17 F;\PUr Documents%Terahna13-i 1-94ctean.doc 1 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 Eurpm The purpose of this Section is to identify permitted uses and development standards for areas within the Terafma PUD designated for residential development on the PUD Master Plan,Exhibit"A". 6.2 Maximum Dwelling Units A maximum of eight hundred and fifty(850)dwelling units are permitted on areas designated"R"on the PUD Master Plan. Dwelling units may be single family or multifamily. 6.3 General Descriptic The PUD Master Plan designates the following uses for the general use designations on the Master Plan. TYPE OF USE AMOUNT OF FFRCENT OF ACREAGE TOTAL ACREAGE 1. Residential 167.87 acres 26.83% 2. Neighborhood Village/ 7.21 acres 1.13% Recreation Site } 3. Rights-of-Way 45.25 acres 7.11 4. Lakes 86.94 acres 13.65% 5. Preserve Areas 67.32 acres 10.57% 6. Preserve Flow ways 210.42 acres 33.05% 7. Open Space 51.71 acres 8.12% TOTAL: 636.72 acres 100.00% The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Division 3.3,and Division 3.2,respectively,of the LDC. Residential areas are designed to accommodate internal roadways,open spaces,recreational amenity areas, water management facilities,and other similar uses typically found in residential areas. 6.4 Permitted Uses and Structures No building or structure,or part thereof,shall be erected,altered or used,or land used,in whole or part,for other than the following: A. Principal Uses: I. Single family detached dwellings 2. Zero-lot line dwellings 3. Two-family and duplex dwellings • 18 FAPUD Do cuments-VTerafinaa3-I 1-04aeen.doe • 4. Single family attached and townhouse dwellings 5. Multi-family dwellings,including garden apartments 6. Recreational facilities such as parks, play sidewalkatbikepaths pedestrian 7. Model homes and sales centers 8. Any other use,which is comparable in nature with the the permitted uses of this PUD as determined by the Zoning foregoing consistent pp lwith 8 Hoard.of Appeals B. Accessory Uses and.Structural 1. Accessory uses and structures customarily associated with Rrzneipal residential uses permitted in this subdistrict,including recreational facilities,maintenance facilities, recreation center,swimming pools, spas,screen enclosures, recreational facilities designed to serve the development,and essential services. 2. Any other use,which is comparable in nature with the foregoing uses,consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. 4) 19 F:\PUD DocumentATmfinA3-I 1-04clean da 1 ............... ..................... . 6.5 Develc9ment Standalds W Ili r! TABLE l DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO - TWO SINGLE MULTI STANDARDS FAMILY LOT FAMILY FAMILY 'FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F.(1) 3,000 S.F. per 1 AC , S.F. d.u. Minimum Lot Width m 50 35 45 ,‘30 100 Front Yard Setback 4 20(4) 15t 4f _ Ism 2e 20te (principal and accessory uses) Side Yard Setback 6.0 0 or 12 0 or 6 0 or 12 .5 BH Rear Yard Setback:_PrincipaI 20 . 20 20 20 25 —lots back to back. Rear Yard Setback: Principal 10 10 10 10 15 —lots abutting lakes easement areas and common open space areas Rear Yard Setback.Accessory 10 10 10 10 10 Structures J Rear Yard Setback:accessory 5 5 5 5 5 pools and spas°—lots back to back. Rear Yard Setback:accessory 3 3 3 3 3 screen enclosures— lots back to back. Rear Yard Setback:accessory 3 3 3 ' 3 3 pools and spas(5) — lots abutting lakes easement areas and common open space areas Rear Yard Setback: accessory 0 0 0 0 0 screen enclosures — lots abutting lakes easement areas and common open space areas Maximum Building Height 35 35 35 35 35 Distance Between Structures N/A N/A WA 10 .5 BR Floor Area Min.(SF) 1600 1400 1200 1200 1200 Preserve Area Setback: 25 25 25 25 25 Principal Structures Preserve Area Setback: 10 10 10 10. 10 Accessory Structures All distances are in feet unless otherwise noted. BR=Building Height III 20 F:1PUD DocumentsVTcrafmal3-I 1-O4clean.doc Nato 4) Each half of a duplex unit requires a lot area allocation of thirty-five hundred(3,500)square feet for a total minimum lot area of seven thousand(7,000)square feet. 2 Minimum lot width may be reduced by twenty(20)percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero(0)foot yard option is utilized,the opposite side of the structure shall have a ...twelve(12)foot sideyard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet. Should the garage door be side loaded,there shall be a 23 foot wide paved,cleared area on a perpendicular plane to the garage deor or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet Sections 2.4.6 and 2.4.7. respectively, of the LDC standards for minimum landscape and buffers. A. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda root to the deck line of a mansard roof,and to the mean height level between eaves and ridge of gable,hip or gambrel roof. Accessory buildings shall be limited to a height of twenty-five(25)feet above grade. B. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof,will be based upon the following factors for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Division 2.4,Landscaping of the LDC. 3. Separation of housing types by common amenities. C. Maximum lot coverage will result from the application of the above development standards on individual lots and no other limitations shall apply to lot coverage for residential structures. D. Only single family detached and zero lot line dwelling units are permitted along the southern property line adjacent to the Olde Cypress PUD,outside the flow-way depicted on the PUD Master Plan. • 21 PAPLID DocurnentetTerafina13-11-04cleaft.dm SECTION VII ry' PERMITTED USES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES 7.1 hmse • The purpose of this Section is to identifypermitted uses and development standards for areas within Terafina PUD designated on the Master Plan as"Recreation Center t Neighborhood Village Center". 7.2 General Description The approximate acreage of the Recreation Center is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3,and Division 3.2 respectively,of the LDC. The Recreation Center/Neighborhood Village Commercial Center is designed as a mixed use area which will accommodate variety ofvotive recreational and personal services for the Terafina residents and guests. 7.3 Permitted Uses and Structures No building or structure,or part thereof,shall be erected,altered or used,or land used,in i'tl= whole or part,for other than the following: A. Recreational facilities and structures such as pools, fitness facilities, clubhouse, community buildings,playgrounds,playfields,and tennis courts. B. Commercial uses permitted in Section 7.4(G)of this Document. C. Permitted accessory uses and structures 1. Accessory uses and structures customarily associated with principal uses permitted in the subdistrict including pool equipment buildings and storage areas. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. 7.4 Development Standards A. Minimum Yard Reg w eaxts: 1. Front Yard:25 feet 2. Side Yard: 15 feet 3. Rear Yard: 15 feet 4. Setback from the property lines abutting the lake easement aura,:Zero feet for • 22 PAPUD OomnicntATenftna13-1 cfr n.dctc all principal and accessory structures. 1111, 5. All principal structures shall have a minimum of a twenty-five(25) foot setback from the boundary oldie presave area. Accessory structures shall have a minimum of a ten(10)foot setback. B. Maximum height of structures — Fifty (50) feet; except clock towers or similar architectural features which shall be permitted up to sixty-five(65)feet. C. Minimum rgstance between principal structures—Ten(10)feet,or greater,ifrequired by local fire codes in effect at time of development. D. Minimum distance between —Ten(10)feet. E Parking for recreational/non-commercial uses and structures located within the Recreation Center-one(1)space per 300 square feet.Said requirement only applies to non-conmtercial uses. F. A maximum of 5,000 square feet of gross lease floor area for commercial uses is permitted within the Recreational Center/Neighborhood Village Commercial Center. G. The requirements for the Recreation Center/Neighborhood Village Commercial Center component oldie PUI)are set forth as follows: 1. Liwggagmairmat. Commercial uses shall not exceed a maximum of 5,000 square feet of gross leaseable floor area in the Recreation Center/Neighborhood Village Commercial Center. 2. Maximum floor area ratio:0.25 for the commercial component,not to exceed a maximum of 5,000 square feet of gross leaseable floor area. 3. permitted Commercial jpSaktsliga22 . 03.1 of the LDC in effect as of the date of adoption of this PUT)Ordimancte• Major Category Specific uses: a. Groups 6021-6029 Commercial banks-Drive-through facilities are prohibited. b. Group 6531 Real estate agents and managers for property with PUD only c. Group 5251 Hardware store only 2,500 sq. 11. maximum floor area d. Group 5331 Variety stores-2,500 sq. ft. maximum floor area. e. Group 5399 Miscellaneous general merchandise store, except catalog showrooms- 2,500 sq.ft maximum floor area I. Group 5411 Grocery stores,except frozen food and freezer plants, 10,000 sq. ft. maximum floor area g. Group 5421 Fish, meat, and seafood markets 11111 23 FAPUD DocurnentATerafinak3-11-04clesadot .. . only. (7) h. Group 5431 L Group 5461 Fruit and vegetable markets. Retail bakeries. j. Group 5499 Health food store only-2,500 sq. ft. maximum floor area. k. Group 5541 Gasoline service stations, except truck stops. L Groups 5611-5661 Apparel and accessory stores-2,500 sq.ft.maximum floor area. m. Group 5735 Record and prerecorded tape stores. n. Group 5812 Eating places, except caterers and industrial and institutional food , service establisinnents, dinner theaters, drive-in restaurants and restaurants with drive-through facilities. o. Group 5921 Liquor stores. p. Group 5947 Gilt,ncrvelty,and souvenir shops. q. Group 5949 Sewing, needlework, and piece goods stores. r. Group 5992 Florists s. Group 7212 " Agents for laundries and drjrcieanets only. t. Group 7215 Coin-operated laundries and dry cleaning. 11 u. Group 7219 Diaper service, and garment alteration and repair shops only. v. Group 7231 Beauty shops,except beauty schools and cosmetology schools. w. Group 7241 Barber shops, except barber colleges. x. Group 7299 Depilatory salon, electrolysis, massage parlor,shopping service for individuals,and tanning salons only. y. Group 7349 Housekeeping and maid service only. z. Group 7841 Video tape rental. an. Group 7991 Physical fitness facilities bb. Groups 8011-8021 Offices and/or clinics of physicians, and offices and/or clinics ofdentists. cc. Group1041 Offices and clinics of chiropractors. 4. Egmain0119nsananga: In addition to the above commercial uses, the Recreation Center/Neighborhood Village Commercial Center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. ) • 24 F.:VW DocumentsViNalinal3-1 1-04am/doe • 5. Unified plan of develop 44 . and . ownership. The Recreation Center/ Neighborhood Village Conumacial Center shall be a unified, and architecturally integrated,plan of development with common ownership of all of the property that comprises the neighborhood village center. 6. I.ocational criteria and functigral operation. The following locational criteria and functional operating characteristics shall characterize the Recreation Center/Neighborhood Village Commercial Center a. The Recreation Center/Neighborhood Village Commercial Center shall be internally located within the PUD such that the site bas no direct access to roads external to the PUD. The Center shall be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The Center shall be located a minimum of 330 feet from the perimeter boundaries of the PUD. b. The Recreation Center/Neighborhood Village Commercial Center shall be located within a 1,760 radius of 40 percent of the total number of approved residential units. c. The Recreation Center/Neighbornood Village Commercial Center shall be pedestrian-friendly. This weans minimal dependency upon access by automobiles and with location and design to encourage pedestrian access,which shall be reflected in the pedestrian walkway system for the entire PUD. 7. Off-street pg, desjgi. In recognition of the pedestrian-friendly design of the Recreation Center/Neighborhood Village Commercial Center,as required in section 2.2.20.14.5.c.of the LDC,the number of required off-site parking spaces shall only be 50 percent of that required by section 2.3.16 ofthe LDC. However,the number of off-street parking spaces provided shall not exceed 75 percent of that required by section 2.6.13. In all other respects,off-street parking areas shall be designed in accordance with the provisions of division 2.3 and 2.4 of the LDC. ' 8. Deip:gaggiddinga.The Recreation Center/Neighborhood Village Commercial Center shall be subject to, and in compliance with, the design guidelines identified to Division 2.8 of the LDC except as otherwise excepted or required herein. 9. 101, A unified sign plan shall be submitted and made a part of the approval for the Recreation Center/Neighborhood Village Commercial Center Site Development Plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the Recreation Center/Neighborhood Village Commercial Center. The unified sign plan shall adhere to Section 2.8.3.6.2.1.of the LDC,except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. • 25 14:\PUD Documents%Terafina53-11-04clean.doc 10. fazig2:gedgmpsit The construction of up to 5,000 square feet of permitted C*) commercial uses at the option of the developer is allowed within the Recreation • Center/Neighborhood Village Commercial Center at such time as the developer determines that there is a demand for limited commercial uses in the market place. 1 ) S S 26 M.PUD Docurtmus\TerafinsA3-11-04clautdoc SECTION VIII DEVELOPMENT COMMITMENTS 8.1 Environmental Standards The purpose of this Section is to set forth the ratvironmental commitments of the project developer. A. Vegetative preserve areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All prvation areas shall be designated as preservation areas on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. B. 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 Department Staff. C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of th LDC. For this site,a minimum of 277.74 acres of native vegetation shall be retained on site. D. An exotic vegetation removal,monitoring and maintenance(exotic free)plan for the site, with emphasis on the preservation area,shall be submitted to the Environmental Services Department Staff for review and approval prior to final site plan/construction approval. A 10) schedule for exotic removal within all preservation areas shall be submitted with the above- referenced plan. E. The petitioner shall comply with the guidelines and recommendations of the U.S.Fish and Wildlife Service (USFWS) and Florida Fish and. Wildlife Conservation Commission (FFWCC)regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. F. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. G. Portions of the PUD designated as a preserve area along the eastern portion of the property will be connected as a flow-way with the flow-way areas to the south in the Olde Cypress PUD District and flow-way areas to the east in the Marisa]PUD District to improve water management function in the general area and to lessen flooding. H. All principal structures shall have a minimum setback of 25 feet from the boundary of ar preserve.Accessory structures and all other site alterations shall have a minimum 10-foot setbacl I. 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 property owner. • 27 PAPUA aocuments\xerarma 3..I t.o4tdcan.doc ............. 82 T a ortatian Reauinrnrnts The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy - B. The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No.0I- 13,or successor ordinance. Said fees shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745,Florida Statutes. E. Roads internal to the project serving the residential uses shall be private and dedicated to the homeowners association which shall be responsible for the perpetual maintenance of said roadways. F. The developer shall provide turn lanes at the project entrance prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public ... Right-of-Way Manual and Ordinance Number 82-91,or successor ordinance. • G. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted bythe Transportation Services Administrator, or his designee. These signals will be owned,operated and maintained by Collier County. H. An additional twenty(20)feet of right-of-way shall be provided along the western edge of the Terafina project to provide for a total of eighty(80') feet of right-of-way along the extension of Logan Boulevard. A sixty (60') foot right-of-way presently exists. The developer shall construct the extension of Logan Boulevard to the proposed project entrance for Terafina. The additional road right-of-way will be dedicated to Collier County at the time of platting or within ninety(90)days of the request of Collier County. I. The Terafma PUD is vested for traffic concurrency associated with the executed Standard Form Collier County Contribution Agreement for Road Impact Fee Credits(No.2002-009- TR-GL Homes)dated December 17,2002. J. The developer may commence on-site horizontal construction within the Terafina project at the time that the four-laning of Immokalee Road is complete up to C.R.951. 8.3 Utility Requironents The purpose of this Section is to set forth the utilities and engineering commitments of the project } developer. 28 F:\PUD Documen,,Xrc,afna13-1 1-04clean.doc di) A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed,constructed,conveyed,owned and maintained in accordance with Collier County()rdinaace No 01-156,as amended,and other applicable County rules and regulations, B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer shall present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall contain the design and construction of an on-site force main which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main shall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage,when connection to the County's central sewer facilities becomes available. E. Easements shall be provided to Collier County Utilities Department for three separate well field locations.Two of the well site areas shall be approximately 30 by 30 square feet in area. The third site will be approximately 40 by 40 square feet in area to provide fora well house. These sites will be spaced a minimum of 1/4 of a mile apart. These facilities shall be located along the eastern edge of the Logan.Boulevard right-of-way or,in the alternative,along a 30 out easement along the northern property line shared with the Parklands PUD,if feasible. An easement or easements for these areas shall be conveyed to Collier County Utilities Department upon request. 8.4 Engineering Reuuiremerts A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval ofthe proposed construction,in accordance with the submitted plans,is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. • 29 F"PUD Documents'Terafna±3-11-04dean.doc ................. { D. The developer and all subsequent owners of this project shall be required to satisfy the • g requirements of all County Ordinances in effect prior to or concurrent with any subsequent development order relating to this site,including but not limited to preliminary subdivision plat,site development plan and any other development orders. 8.5 Water Manaacment Reauireinent c _ The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC,except that excavation for water management features shall be allowed within twenty(20)feet from side,rear or abutting property lines,with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management nt area in accordance with the criteria established within Stibsection 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District(SFWMD)permitting which is required for the subject property. D A surface water management permit shall be obtained from the SFWMD prior to any subdivision or site plan approval. F. Should the extension of Logan Boulevard be constructed by The Parklands developer,the Terahina developer shall provide for the necessary area for storm water management within the boundaries of the Terafma project. G. The Terafma property is subject to that certain "Amended and Restated Flow-way Agreement"between lmcollier Joint Venture,a Florida general partnership,as assignee of J.D.Nicewonder,GLH Development,In P,as successor in title to Robert Vocisano as Co- trustee under land trust agrccment dated May 24,199S,and Olde Cypress Development,Ltd., together with all schedules thereto,as any of the foregoing have been or may be amended. 8.6 Pis and Recreation Facilities A playground for children shall be provided.The playground shall be located within the recreation area depicted on the PUD Master Plan. 30 • FARAD Documen*1Terattne3-1 t-a4ciam.aoc ..■..w r..nw,..m i I i b 4` K K K X k - � g jg ti$ • « 44 « Ia r •I I 4 1 1 4 i 1 .°e n n M N M f, b - n 214444 � _ - j ly • oK * : . « � II O ; �l d I1 i "g 3 lat 11 i g ill 'r c` IL- 1 5 . i qi i 1 i !, I ; ! z 4 0 2 a i. X w a 'rivtil � '4 s ,xet ?0,it.* a rr '�{ Lk,,rp�e•�Y'b"1.u'a,." � tf 411,y ,ts''�- Es ry ~-�} J 3'1 J y__,..„ 'f f'�': y ''�..Fi.r�#'.i 4,6,^A S *P,4.1`�S'i3; ,' +uyGsf 'h4 y�s�'°atid �`, ras}�,� r i xs`- T? 4 ,- y Sa'Xarw�t,,E A '04. 5: + ,�.L;L ,0�r9„` M � ,,, �(,.ir�l Y` WCr lT 4 $b q :e.-0,3,121.,- Y+' % e� 'f >9 ; 's'a'tt Y'. � 4.e.?„4.....,.. "3Cty�nf. -7v 1 ?'Ci; r * OS N $''�.i;h e4t1y.�?dy+d t • n L pax x a, i'�1 ' �� tiµ('l n� 7r ti c ill},„C.3Ya �f Q W ,-,ft...-fs 4 'ye,vo } Kgs .4,04-4.,, rg "� r? fSf xt .. ors 1,„..-'-------'''' •,------- ,..„,/ _ ---1?---17,'',:,_ 1 i gl !� it 1� 44;— ----,,N.,1 � •‘„-, $ iliiil, ._._._!,�.r a fir.. • �-t CY 1 .k 1 illig /11 11PC t IS �� g Ill • .4 EXHIBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 souni, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 80 14EET, 0 411 WA1995t1995087\ILLIAPUEAEXHMITE-LEGAL DESCRIPTION.4oc 3178685 OR: 3284 PG: 1227 mougo is*DUAL UMW aI cum t t!, IL $S107/ 803 tt 11:03111 MGR 1. ma, am CM 1 1314.01 This instrument prepared by: Ut Ut 11.50 Timothy G. Hairs,F-nl• 10t-.TI 111241.21 QUARLES&BRADY LLP totMS 1.10 4501 Tamiami Trail North,Suite 300 ha: Naples,Florida 34103 VMS i 11lADi 4501 MIMI ?It I Mt (SPI t FL 34103 3010 S 10.50 recording S 111 ,141.AO documentary stamps Property ID Number 00183600000 SPECIAL WARRANTY DEED THIS INDENTURE,made this 5' day of May,2003,between Robert Vocisano, as Trustee under Land Trust Agreement dated May 24, 1995, whose mailing address is: 4100 Golden Gate Partway, Naples, Florida 34116, (the "Grantor), and GLH Development, L.L.L.P., a Florida limited liability limited partnership, whose mailing address is 1401 University Drive,Suite 200,Coral Springs,Florida 33071 (the"Grantee"). WITNESSETH. that said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said Grantee. ) and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County,Florida,to-wit: AU of Settle* 16,Township 48 South, Range 26 East, Collier County, Florida, less and except the Westerly 80 feet thereof. Subject to covenants, easements, restrictions and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current and subsequent years. The subject property is vacant land and is not the homestead property of the Grantor,nor is it contiguous thereto. The Grantor resides at 165 Second Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through,or under said Grantor,but against none other. TO HAVE AND TO HOLD the same,in fee simple forever. • TOGETHER WITH all the hercditaments and appurtenances thereunto belonging or in anywise appertaining to the property hereby conveyed. fQBNAP1390514.2 v II 4. 3 3 � t 4 s 4 g It t3ho-oJrrnozp J^^ 44mttc. prrasnnv-tip (rr a ) - )431 ,t7 Y-- -n rnn le ., ' Id W tpp 1 P MP 1 r.s+ LJ 441, ---ff 1 I I" r 1 IQ 1 ......241. joi,\ :1.#11,..... ......401W' A:-—A —11 4 . .' n, (.,4 0 IT'-,,, 1, l'"•:4- 40irige,filif"-\\\4460a.- — ,,,iryits :"...-,. ..1,.., , '.--ANIL ° 0 v< It No 1040 1 . '// f tom •' rye^.. /1 '4 )3r1J yd ►o -oc 37 rit,t,rflo"1d iy 1+1--*I 1 5-' t02.Jr n 'Y4 3d '.LL! Jfry ry Ay Pg-O (•sfyr cr3ZSVA7 v'.Lef) -9r4u-rr .d i_v ,os-St ta d/ ;�" i *ii II".6 0 x • ' STATE OF FLORIDA) COUNTY OF COLLIER) • I,- DWIGHT H. 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 2004-15 Which was adopted by the Board of County Commissioners on the 9th day of March, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of March, 2004. • DWIGHT E. BROCK Clerk of Courts and, - Ex-officio td Bpard of . County Commissioners M � y: Maureen KeuyoftP : Deputy Clerk AGENDA ITEM 4-B Cott-ier County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: AUGUST 14, 2014 SUBJECT: PETITION NO: PDI-PL20140000248, PARKLANDS RPUD Owner/Applicant: Agent: Kevin Ratterree,Vice President Robert L. Duane, AICP Parklands Associates I. LLLP Robert L.Duane& Associates 1600 Sawgrass Corporation Parkway 4880 Tamarind Ridge Drive Sunrise, FL 33323 Naples, FL 34119 REQUESTED ACTION: 1 he petitioner requests that the Hearing Examiner approve an insubstantial amendment to Ordinance No. 12-30, the Parklands Residential Planned Unit Development, to allow the following changes: • Revise PUD Exhibit B. Development Standards, to reduce the rear yard setback for pool and spa accessory structures associated with single-family detached dwellings and zero lot line dwellings from five feet to three feet when adjacent to a landscape buffer tract, water management/lake tract and/or open space tract. • Revise PUD Exhibit B. Development Standards, to reduce the rear yard setback for screen enclosure accessory structures associated with single-family detached dwellings and zero lot line dwellings from five feet to zero feet when adjacent to a landscape buffer tract, water management/lake tract and/or open space tract. • Revise PUD Exhibit B. Development Standards, to add a new provision for landscape buffer easements and lake maintenance easements to be platted separately. Page 1 of 6 Parklands RPUD, PDI-PL20140000248 July 9, 2014 Al i 1-.! p I W F a U Y= 1 I CL I Fat.,.. - - v�- , i'.ul z op ;4 z `q�._ 0 _1",. ��n� annn _ N ►i►• v°• �: o�I .ve. _gi= s'e'a _III �uun►��//a nag a t a O iN J D. O a x -- — R i iz _ O Z Tf a. . w- � s 1 's1 ) LL \ 1 9 1 r 1 2 II z; ONOIROO : Y1 A g k z _1,;k, , Q r# R V 3 �s' all 11 n 0I U h is i ' — ._1; t ammo* i , Alt 1 1 GEOGRAPHIC LOCATION: The subject property. consisting of 642± acres, is located approximately 2 miles north of the intersection of Immokalee Road (CR 846)and Logan Boulevard, and immediately adjacent to the Lee County line, east of the Quail Creek subdivision and north of the Terafina/Riverstone PUD in Section 9, Township 48 South, Range 26 East, Collier County, Florida. (Please see the Location Map on page 2.) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Parklands RPUD (Ordinance number 12-30) was amended and approved on July 24, 2012. The PUD Ordinance required a 5-foot rear yard setback fbr pool and spa accessory structures associated with single-family detached dwellings and zero lot line dwellings. The petitioner seeks to reduce the rear yard setbacks for pool and spa accessory structures associated with single-family detached dwellings and zero lot line dwellings from five feet to three feet when adjacent to a landscape buffer tract, water management/lake tract and/or open space tract. The petitioner also seeks to reduce the rear yard setback for screen enclosure accessory structures associated with single-family detached dwellings and zero lot line dwellings from five feet to zero feet when adjacent to a landscape buffer tract,water management/lake tract and/or open space tract. A new provision is being added to allow for landscape buffer easements and lake maintenance easements to be platted separately. ANALYSIS: Section 10.02.1.3.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.I have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the Parklands 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? Page 3 of 6 Parklands RPUD, PDI-PL20140000246 July 9,2014 No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5)percent of the total acreage 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. 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. The proposed setback change may potentially increase individual parcel lot coverage by allowing the construction of larger single-family principal structures; however it will not alter the overall development stormwater requirements or standards. Additionally, the developer must comply with the water management requirements in place when local development orders are sought regardless of what is shown on the Development Standards Section or the Master Plan. 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 PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other Page 4 of 6 Parklands RPUD,PDI-PL20140000248 July 9,2014 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 PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRIIPUD 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 Parklands RPUD is not a DRI,therefore this criteria is not applicable. 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. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Parklands RPUD, PDI-PL20140000248 on July X, 2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000248, Parklands RPUD. Attachments: A. Application Page 5 of 6 Parklands RPUD,PDI-PL20140000248 July 9,2014 PREPARED BY: A NANCY G L C , AICP, PRINCIPAL PLANNER 'ATE) GROWTH NA MENT DIVISION REVIEWED BY: ,� --- /,o RAYMO V. BELLOWS, ZONING MANAGER DATE GROWT 9ANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION Page 6 of 6 Parklands RPUD. PDI-PL20140000248 July 9. 2014 1 Robert L. Duane & Associates Land Planning & Zoning Consultants AAA -I.I. € P 4880 Tamarind Ridge Dr. Naples FL. 34119 (239)353-4167 robertrosalba.duane@yahoo.com t Final Parklands RPUD PDI ( 14-CPS-01305) PL20140000248 ,. Insubstantial Change July 30, 2014 t r Robert L. Duane & Associates Land Planning & Zoning Consultants A•1•C•P• Robert Rosalba.duane("ipyahoo.com 239-153-4 167 fe1239-682-1334,595-5046 Planning sex%ices I iycl,h &Spanish PARKLANDS RPUD — PDI List of Attachments • 0. Parklands RPUD-PDI. List of Attachments. 1. Completed Application - Insubstantial Change. 2. PUD Ordinance Revisions. Insubstantial Changes. 3. Evaluation Criteria & Rezoning Criteria. 4. Response to LDC Criteria Section 10.02.13.E.1. 5. Affidavit Nov. 2010. 6. Affidavit Authorization 2014. Covenant of Unified Control. 7. Corporate Affidavit(Parklands Genpar Corp). 8. Corporate Affidavit(MFV-CLGP LLC). 9. Quit Claim Deed. Quit Claim Deed Recorded. 10. Updated Disclosure of Ownership Interest Info. 11. Disclosure of Interest. 12. Ownership Interest. 13. Parklands Annual Report/2014/2013. 14. List identifying Owner 15. All parties of corporation. 16. Pre-application Meeting Notes 17. The Parklands RPUD(Ordinance 12-30) that includes a reduced 8x11 copy of current Master Plan. 18. Copy of completed Addressing Checklist. 19. Location map. 20. Electronic copy of all documents and plans.(CD-ROM) PD1-Pl 2O14txx8)248 i File No 14-CPS-01305 The Parklands RPUDA/ORI Insubstantial Change. Ordinance 12-30 Naples 1.1 34119.11.. Section 4 township 48 South Range 26 Ia t Collier County Parcels(10 1 77600003/Ill)17781 tXXXWOO I 776(8)100 Rolston Date July_ 30.21)14 Words underlined arc added.words rtfue444+4kigk are deleted. «'s indicates break in pages Collier County • COWER 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 (PDI) '„DC subsector 10.02.13 E&Code of Laws section -E3-2-9 0 C f' .?r.f the 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 irsubstantial 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 • Name of Appiicant(s): PARKLANDS ASSOCIATES I, LLLP Address: 1600 Sawgrass Corporate Pkwy Suite 400 City: Sunrise State: FL ZIP: 33323 Telephone: (954)753-1730 Cell: N/A Fax: (954) 575-5240 E-Mail Address: kevin.ratterree @glhomes.com Name of Agent: Robert L. Duane, AICP & Kevin Ratterree, AICP. ( See agents info, below) ;PROPERTY AGENTS: 1•Robert L. Duane, AICP. Robert L. Duane 6 Associates 4980 Tamarind Ridge Dr. Naples, PL-34119 1(239)353-4167 robertrosalba.duaneWyahoo.coe IsKevin Ratterree, AICP, Y.P. G.L. Homes 1600 Sa Corporate Pkwy.wgrass Co orate P Suite 400 Sunrise, PL.33323 1(954)753-1730 FAY (954) 575.5240 kevin.ratterreeeelhomes.com E-Mail Address: kevin.ratterree @glhomes.com / robertrosalba.duane @yahoo.com I s the applicant the owner of the subject property? Yes I 1 No ( 1. If applicant is a land trust, so indicate and name the beneficiaries below. ' • 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 2/6/2014 Page 1 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 © 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. I 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ S. 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) • I - I 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. • I � I PUD NAME: PARKLANDS RPUD ORDINANCE NUMBER: 12-30 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. ATTACHED L DEED Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes [1 No If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes ❑ No If yes, in whose name? Has any portion of the PUD been ❑SOLD and/or E DEVELOPED? Are any changes proposed for the area sold and/or developed? ( I Yes ❑ No If yes, please describe on an attached separate sheet. 2/6/2014 Page 2 Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 '::;aww.coiliereov.net (239)252-2400 FAX:(239)252-6358 .. .:HEC} LIST 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. NOT .'::t1IRED REQUIRE:, Completed Application (download current form from County website) 110 Pre-Application Meeting notes CI Project Narrative,including a detailed description of proposed changes I uI and why amendment is necessary Detail of request Current Master Plan&1 Reduced Copy Revised Master Plan&1 Reduced Copy w fl Ix Revised Text and any exhibits [°� nx (i List identifying Owner&all parties of corporation 2 rx ❑ Affidavit of Authorization signed & notarized 2 I x I ❑ Completed Addressing Checklist 1 Copy of 8 Y2 in.x 11 in.graphic location map of site 1 _ Ix I ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all © © fl 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 (PD1):$1,500.00 Pre-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, III 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 < i�.L1e - 02182014 Applicant/Owner Signature Date • ROBERT L DUANE Applicant/Owner Name(please print) 2/6/2014 Page 3 THE PARKLAND RPUD-PDI • INSUBSTANTIAL CHANGES Page 1 o1.3 I IIF PARKLANDS RPIID-PI)i OR11NAM f s c HAN(1ES Insubsiantral Change fAIiLF 1:X111 BI-H ONLY. FROM ORDINANCE 12-30 Words underlined are added.words saraehshrouah are rkicied ke%Tsear Date Ink I0.2014 •••indicates Ixcak in pages EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD • A. TABLE Single- Sinek 7 wo Family Single-Family Alulti- Model i Guard Preserve Recreation j PFRVII I"1 Tut SFS Famits Family &Duplex Attached Family !tomes Gate Area Site ‘ND S 115l)%M); Detached Zero (R) And Dwellings (R) (louse Structure (RS) (RI Lot Townhouse (Except (ROWs) (P) I.ine (more than 2 Townhouse) (R) units)(R)•" (R) Minimum I of 1red 5.000 SF" 4.000 Sf'I 3.500 SI''t.=l0 3.500 SF'I-2 to 9•(XX)SF" •5 NIA NIA I acre Minimum 1.ot W'idth'' 5W 40' 35"11 35"1`) 90' •5 N/A N/A 1(K)' Minimum Iot Depth IOU' 100' 100' 100' lo(?' '` N/A N/A I00—J Front Yard Setbacks 20"4 20"4 20•*4 20"4 N/A '5 •h N/A 2_5' Front Yard Accessory 20' 10" 2W 2W N/A •5 •t' NIA 10' Setbacks Side Yard Setbacks 6' 0'or 10 7.5' 75 N/A •5 •fi N/A 10' Side Yard Accessory S.I'.S.'" S.P.S." S.I'.S." S.I .S." NiA •5 •(' — 10' Setbacks Rear Yard Setbacks 15' 15' 15' 15' N/A •5 't' NIA 10' Rear Yard Accessnn 5' 5' 5' 5' N/A •5 •t' NIA 1W ,c tl.,lek' Rear Yard Setback. 3' NA WA NA NIA NA NA NA Pools and Spas adjacent to Open Sntice: 513 ) Rear Yard Setback Screen enclosures O I N/A N/A ISM N/4 N/A WA Adjacent to Open • Space:'13 j Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories 2 stories I Icight not to not to to exceed to exceed not to not to not to exceed exceed exceed •5 exceed exceed Zoned 30' 30' 30' 30' 50- 30' 25' 35' 1 Actual 4W 40' 40' 40' 60' •5 40' 35' 50' ■ Distance l3emcen Principal& Acee' nr) 10' 10' 111' 10' 20 •5 N/A N/A 10 Structures Distance Between 10' 0'or 10' 15' 15' 30' •5 N/A N/A It) Principal Structures Floor Area Minimum ' 1.01X)SF 1010 SF 1.00)SF 1.0011 SF 750 SF *5 N/A N/A N/A Setbacks from !'reserve Areas 25' 25' 25' 25' 25' •5 25' N/A 25 Principal Structures" .- Setbacks from Preserve Areas- 10' 10' I II 10' 10' •5 10' 'VIA 10' Accessory Structures" Setback from (rack N/A N/A NA NIA 75''1= N/A N/A 10"" 25' Boundary __, Setback from Internal N/A NIA N/A N',A 2W N/A NIA N A 10' NI-A-25' I)riyes or I'rlxel ways. (All distances are in feet unless otherwise noted.See next page footnotes) Page 2 of 3 111E PARKLANDS RPtII)-%D1 ORUINANC'FS(•ilAN(il_S Insubstantial Chute,: 1 ARLF FXItIRII"n ONLY FROM ORUINANCI- 1?•1U 1hord.(nk1 Kln10 arc;ukful.Hoxd+ rrnrh+tu.+rerM are Jtlelal, Ito hlola pate Jule 10,2011 •••indieatcsbreak in Pale. • • B. FOOTNOTES *1 SF refers to square feet.All other measurements are in linear feet. *2 3.500 SF of lot area per dwelling unit. *3 Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb or edge of pavement(if not curbed). C. If the parcel has private road frontage on two sides,the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. D. The garage must be setback a minimum of 23 feet for front-entry and 15 feet for side entry. *5 Same as Residential Zoning District where model home is located. *6 Minimum 5' from road edge of pavement or back of curb and minimum I5' from Logan Boulevard North ROW line. *7 May be reduced to 10' between multi-family buildings or garages. *8 Not applicable to boardwalks which may be constructed up to the preserve tract boundary. *9 S.P.S.means same as principal structure *10 Per unit *1 I Maximum of ten(10)units attached in one building. *17 The perimeter buffer will not be located within the 25'setback or will be located outside of the track boundary. 4:13 Open Space Lots shall apply to that portion of the rear lot line that abuts a separate landscape butler tract. water rnanaeement!lake tract,and/or open space tract. • C. LANDSCAPE AND MAINTENANCE EASEMENTS Landscape buffers easements and lake maintenance easements shall beplatted separately. Page 3 of 3 1111.PARKIANI)S RPt1D•PI)f ORDINANCES CIIAN(ILS • Insub,IanLal Cha-tge 1 AIR.1,EX!1I131T 13 ONLY FROM ORDINANCE 12-30 Wards crlmed arc:Hided.sank slnwl:Remota,are tickled Revision Date.Jul% 10.201.1 •••animates break in pates EVALUATION CRITERIA • SECTION 10.02.13 PUD REZONING CRITERIA I. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic access,drainage,sewer, water and other utilities. fhe Parklands RPUD/DRI is located north of the TerafinafRiverstone PUD and to the East of Quail West. Access is from Logan Blvd North. County sewer and water will serve the proposed RPUD/DRI development. The drainage system is largely in place. The RPUD and the physical characteristics of the land in the surrounding area have been determined suitable for the development as planned residential uses. 2.Adequacy of evidence of evidence of unified control and suitability of any proposed agreements,contract,or other instruments,or for amendments in the 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. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The PUD is under unified Control by GI.,.Homes of Naples Associates 11.I...TD.as they may relate to arrangements or provisions for the continuing operation of the PUD until the development is turned over to the HOA. (See attached statement of Unified Control). • 3. Conformity of the proposed RPUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district,policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district,policy or other provision.) N.A. per pre-application. 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. t'he reduction in the rear yard setback for residential lots abutting open space areas or water bodies for accessory structures from 5 feet to 3 feet for pools and 0 feet for screen enclosures will not affect the internal or external compatibility of proposed uses. The same setback standard far accessory structures as noted are also contained in the Terafina/Riverstonc PUD to the South. F urthermore, the slightly reduced setback will enable the developer to accommodate a broader range of single family homes planned in other portions of the Parklands RPUD/DRI. The proposed setback changes will not affect any of the required setbacks from Preserve Areas. (See also cover letter). The Parklands RPUDA/DR1 hwuhstantiat Change Urdi,rano:0.30 Naples 1•'L 39114,f.. kIltart 9 T wnshopAR Saab<Range 26 bust.Co]h t Cw,ut • Parcel;0,...121601)0039)01/7 10009M01776titl)tik fte,LWat Date 93 10.3019 p-md w.d.Awrt m Moot.a<sds WfatOkKO 1.144 Mt dtwesa ass as tan+.rw wsn.as Weak•••t.eirm rr.Y.is PAW. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. N.A. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. N.A. 7. The ability of the subject property and of the surrounding area to accommodate expansion. The developments of this PUD and surrounding PUD's have been planned for many years. 8.Conformity with HID regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Insubstantial Change meets a public purpose to a degree at least equivalent to a legitimate application of such regulations. • 1 he Parklands RPUUA/DRI 7 lnsubstantid Change, Ordinance 12-10 19apkx Fi.34119 H., Section 9.'township 48 South.Range 26 L",ut.Collier C"ounty Parcels 407761untjl?TIIIQg%100177600100 • Rolston fide 0;10 3414 Ww .wnrai4r.rat ne iA 4:wig are*aka#alimo .an N Ire*w.to wiYrtwie,wo"'itlttawr Walk MfKA ............................_....................................... PUD REZONING CRITERIA SECTION 10.03.05 H • 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. N.A. 2. The existing land use patterns. See RPUD Rezoning Criteria. 3. The possible creation of an isolated district unrelated to adjacent and nearby district. N.A. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes. N.A. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. • The minor changes proposed for accessory structures abutting open space areas are not based on changed conditions. Rather the change is designated to be consistent with similar standards in the Riverstone PUD and to allow similar product types to be permitted throughout the RPUD. 6. Whether the proposed change will adversely influence living conditions in the Neighborhood The proposed changes will not adversely affect living conditions in the neighborhood due to the minor nature of the proposed changes. 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. N.A. 8. Whether the proposed change will create a drainage problem. N.A. Ile Parklands RPUDAJDRt 3 ifntiav c„9n _ t htTmance 12.10 Naples Fl.94119,FL, • Seet,n 9.Township•%south.knno 2h East.Collier County Parcels. l 7:76001 i3M017/$10000,1)9117.ZOM Revision Onto 11a.Id.2014 &'9fdf HwatiNi McRi ere d.ldwf..w stigekoot,n added A9 diltam *(4 IN d eiienbeowed wive male liar.. 9. Whether the proposed change will seriously reduced light and air to adjacent areas. • N.A.. • 10. Whether the proposed change will adversely affect property values in the adjacent area. N.A. 11. Whether the proposed change will be a deterrent to the improvement of development of adjacent property in accordance with existing regulations. N.A. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. As noted the minor changes proposed to the PUD are warranted based on the data and analysis included in the cover letter. They do not rise to the level of granting a special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning See cover letter. 14. Whether the change suggested is out of scale with the needs of the neighborhood or • the county. • N.A. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. N.A 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. N.A. 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 grow management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance/Code Ch. 1106,art.11/,as amended. Ike Parklands RPLIDA/DKJ 4 Insubstantial Change. Sectiae.n.Tnwiuhlp 45 5nnth.Range 26 East Cn{lia Cwuny P.uucta tll s7GD000?.00t1'!SI000Of f1?7 I.0U • Revsstan I)ute'.Cfl ID 2014 wore*Nowak alon r.a.+fe*art wink ngpjoai.nmatted.;w rwr..a.its Imo eel.agkewae eerd.•••*Aka.r0.».:µwr.. • N.A. I S.Such other factors,standards, or criteria that the board of county commissioners shall deem important in the protection of the public health,safety,and welfare. Such factors will be considered at the time of the public hearing before the B.G.C. to insure future protection of the public,safety,and welfare. S [ht Parklands RR?UDA DRI S Ir wtwtsntwl(Univ. mance • 12-30 Naples I i,:14119 f i., Scrtion 9.'Iownship 41 Saudi Ratite 26 Fist Collier Counts Paeels f 1j775p000, 7 6601tXt Revision Use:63 10.2014 twn.a wiwewwuab are w+eaea.oar Walla are al d ,sn LMlkWIaela tea ragas ogwroMr.wd." Wire&*nag kv.pr. 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 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 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 increased 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. 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 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. The proposed setback change may • potentially increase individual parcel lot coverage by allowing the construction of larger single-family detached principal structures; however it will not alter the overall development orders are sought regardless of what is shown on the Development Standards Section or the Master Plan. 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. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of the permitted land uses? • No, this modification is in compliance with the Future Land Use Element of • the Growth Management Plan. 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 PUD District designated as a Development of Regional Impact(DRI) and approved pursuant to Chapter 380.06 (19)902., 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 2.7.3.5.6 of this code. The Parklands RPUD is a DRI, since the proposed changes are not 4110 substantial to the DRI, this criteria is not applicable. 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. I. Does this petition change the analysis of the finding and criteria used for the original application, attached as Attachment C to this staff report? No, the changes proposed do not change the original analysis, rezone findings, or PUD findings for the original application. PUD Criteria and Rezoning findings are attached. Collier 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 AFFIDAVIT We/1, PARKLANDS ASSOCIATES I, LLLP, A FLORIDA LIMITIED LIABILITY LIMITED PARTNERSHIP being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been suhnnirtcd. As property owner Well further authorize ROBERT L. DUANE, AICP AND R. BRUCE ANDERSON,ESQ. to act as our/my representative in any matters regarding this Petition.' Signature of Property Owner Signature of Property Owner Parklands Associates I. LLLP, a Florida Limited Liability Limited Partnership By: Parklands Genpar Corporation, a Florida Corporation, General Partner By: Kevin Ratterree, Vice President Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 2OO_.._ , by who is personally known to me or has produced as identification. • — State of Florida (Signature of Notary Public - State of R.:N-1mA Ma)20 tIl Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE - (} GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 3*104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.coUie,qov.not County of Collier Florida) (Print, Type, or Stamp Commissioned 2011 ! Name of Notary Public) ��!� • :,,"'v��,x • CO is'i.zy`t., GO V t RsivIENT 2600 NORTH HORSESHOE NAPLES, FLORIDA 341c� '.235') a52-24OO CAM:12.39)252 E8 AFFIDAVIT OF:11.�1 HORIZ.ATIt)1 FOR PE:I I l ION `l 5IBERst st I. KEVIN RATTERREE, )print name).;:< V.P. rifle, f applicable)t' (company.' ampany. 11 appltcaolet.swear Or anion under oath.that I am the tenoose one owned ,i 'applicant' 'contract purchaser land that: I have fill authority to secure the approval(s)requested and In impose revenants and-estrietion;on the reference() proprts as a result of an action approved h. the County in accordance with this application and the Land Development Code: _. 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: _ I ;cave authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request ma:Jc through this application:and that a The property will he transferred_consc ed. c•Id or subdiviced unencumbered by the conditions and restrictions imposed by the approved act e I authorize '4'_aea7 i. ba,vE to act as our Inv representative in and matters retarding this petition including I through 'above. t%tc uppi:cunt IS o,'.npurulin11 then ii. u.rru7l/i r 'oted h the COW f.' /rte ,r ores. r!_c on unt t. a Untried bandit)*I_anrttan, i1 ,,.C.1 ur L, ntea Company'I C.) (lien:he document, -41.th l7 iculh_hr sr nevi hi the(inura)n s :1f nugintt Member • ti the urpir-am is a pcu'»'rt.+hip, thin purnxr ion sign nn hrhui,r Ill the..,7rine shin. • ti f/te )ppliei:nr Ia o !rm0e I r)ur:nes-ship, then Mc Canrr;rl pi07ncr rater•yt X71 011,1 f e tillmrttf crl,7-c the ,,arincr .f lti named p,trtn:-rshrp 7 the crppl:caant is a I,n.rt_ thrt7 titer grre.>t include the 11418n e's ni-saw and the t+ards as trusie,: tusklike.fire!art<-rmtnc Ili.'nppliean. s SrrIntr, e g. individual ernpotat,'. truss. pculner.chih. srccc. t is and turn use the.7pproprtctlr lagoon for Au no nes-ship .g),(' 744/4M4 ' /v.D.�Cd),:t'4, i 4)4%, Cwt'riG tZ YRtL j iLrGi< Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. fTf `L `Signature Date STATE OF FLORIDA COUNTY OF-031.4.414 ; /Ci4v e tium:•r■t was ',wort to or ;iffirmed) ane subscribed before rn,c on .5160 +` TT /�/fir: f narna of pe,so+t prnvirinuf, oath or sffirmatuoni as GE) air:Air. t/j`�f Persona?Ai/2k ly known to rte or:vha has;roduct.d b (t�'F e of identif cation',as idertificaticn R` lf✓N)JS .4 -J/1Hr1. (6/et-Pc-Wei i 1 c: �•' 2"1 G asLw ,t/l c-- .ii`1,rV.TNs.,C- ref°. '`�",e`A!✓ d o :Ills' s.,4 r J r<L i y - ✓� JI \>lI sla..%i. 'sitnaturtof!Soffit. Public 41'0w TERRY IGaPtra�t j'y°" MY COMMISSION II ESUMINI EXPIRES Se tam P bar OY. } 753 FttuutaNOra sarvky.00m ('O\'ENANT OF UNIFIED CONTROL • hhc undersigned does hereby shear or affirm that\te are the fee simple titleholders and owners of record amt prnpert) ntcned by PARKLANDS ASSOCIA 117-.S I. LLLP. Parklands RPIJL) Property located in Section 9 Township 4S South. Range 26 Last.Collier County. I lorida. ?-I I it) (Street address and Cit). State and Zip) And legally described in Exhibit A attached hereto. l l e property described herein is the subject of:ru tippl cat:on for the Parklar ds Residential Planned I nit Development -\mendment. I hereby designate RO111.121 I . 1)1 \\I.. AI('I'Ol ROLtER I I 1)1 .\\f tt ,\SSO(.I.\TES regal representautes thereof:as the legal representatnes ofihe property and as such.these muttiduals are authorized to legally hind all owners ofthe property in the course of seeking the necessary appnr\als to detclop. this authority includes.Out is not limited to.the hiring and authorization of agents to assist in the preparation of applications..glans. suit cys.and studies necessary to ohtain toning approtal on the site. I hese representatives will remain the only entities to authorize des elopment astir ity on the:tropert\ until such time as a nett o-:upended cotenant of unified control is delivered to Collier County. I he undersigned recognize the foltotsiag and still he guided accordingly in the pursuit ofdetetopmcnt of the project: I the properly trill he (let eloped and used in conformity %tiif the approved master plan including all conditions placed on the des elopment and all commitments agreed to by the applicant in connection with the planned unit development rrzo tip _. The owners identified herein as responsihle for compliance with all terms. conditions. safeguards. and stipulations made at the time of apprntat of the master plan. es en if the ;tropert\ is suhsegaently sold in whole or in part,unless and until a nett or amended cotenant of.mnmlied control is de lit erect to and recorded by ('oilier Count( ;. A departure from the pro+isi.nas of the approtcd plans or a Laiitire to comply will, at reyuiremen:s. • conditions. or safeguards pro ided lur in the planned unit deselopntent process w ill constitute a t totatiort of the and Development('ale. -I. All terms and conditions of the planned unit de\elopmettt approval will he incorporated into cotenants and restrictions which run with the land so as to prutide notice to subsequent owners that all desetopmem actitit\ oithin the planned unit des elopment must he consistent with those terns and conditions. 5. So long as this cotenant is in force.Collier County can.upon the discover of noncompliance with the terms. safeguards. and conditions of the planned unit development. seek equitable relief as necessary to eon►pel compliance. the County will not issue permits. eertiticates. or licenses to occupy or use any part of the planned unit development and the Count( neat stop ongoing eunsiruction acti■its until the protect is brought into compliance tt i►h all terns.conditions and safeguards of the planned wait des elopment. Signature of Proper'■ Owners: KL V IN RA I-fLRRLL. V I'. PARKLANDS GLNI'AR CO'ORA HON. WE GENERAI. PAR 1-NER 01' PARKLANDS ASSOCIATES 1.1.1.1,P !3t: Kevin Ratterrec L �t� tr :-EG / . sail_ • �t • -s:dc,r • Signature Print Name. I itle 13Lt?( K ON [OH ()WINO i'A(il-:SI • S STA 111..OF FLORIDA COUNTY OF C9LETER . N(Vat-A—it:5- S■■orn to(or illitimeti)and subscribed before me this /1 da■ jr,,-,/- ii.,t.,....----- .2014 KEVIN RATil ERREE. V.P.. PARKLANDS GENPAR CORPORA I10\.1 I IF GENERAL PARTNER OF PARKLANDS ASSOCIATES I. 4 El.1)‘slitt_Us4)stattaaJty kno%‘n to rneyi produced as 1dt:101-it:at ion. 0 i sLAI Notary Piibl.k. , , (41skillits TERRY KAPLAN U me t d.printed or stamped Liiii F...•• :":, MY COMMISSION X MIMI EXPIRES September 07,NW) M-0153 FlondallotariSeMPLOWI 4 -4 -1-ti 1 AL/tn. .' Nay-.1/ • 1 • CORPORATE AFFIDAVIT STATE OF FLORIDA ) COUNTY OF BROWARD )ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Alan Fant, Vice President of Parklands Genpar Corporation, a Florida corporation (the "Corporation"), the General Partner of Parklands Associates 1, LLLP, a Florida limited liability limited partnership(the"Partnership"),who upon being duly sworn,deposes and says: 1. The undersigned is over the age of 18 years,understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a Vice President of the Corporation and the Corporation is the General Partner of the Partnership. 3. The Corporation and the Partnership were funned under the laws of the State of Florida and are currently in good standing there under,and have not been dissolved. 4. Kevin Ratterrec is authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUD annual report, deviation,and/or variance application(s)submitted to Collier County. • FURTHER AFFLAN T SAYETH NAUGHT. Parklands Genpar Corporation, a Florida corporation, the General Partner of Parklands Associates 1,LLLP an Pant,Vice President The fo 1 goitt, ins• ■ ■ent was sworn to, subscribed and acknowledged before me this 1 3 day of a 6711 t4 . 2010, by Alan Fent, Vice President of Parklands Genpar Co t.r. ati.•, : lorida corporation, the General Partner of Parklands Associates 1, LLLP, who is .ersonally known to me or produced_ as identification. 1 - 1 w..., .. _, . - .1 . ---- _-_ No < lie A ETTE MAtVE ARAJYO ('vota',°. 4 by CO .;gDNaDD904981 PI1lrtCllTlanle: f EXfrAES:Aov cfl r x,2013 My Commission Expires: BoMed 1Mu Notxy Wbic UnoetwXM • _..... • CORPORATE AFFIDAVIT STATE OF r1 Ai ) COUNTY OF ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Joel Kaul. the Via. rreSid of MFV-GLGP, LLC, a Delaware corporation (the "Corporation"). together with Parklands Genpar Corporation. a Florida Corporation (the "Genpar Corporation), with the Corporation and Genpar Corporation bang the General Partners of Parklands Associates 1, LLLP, a Florida limited liability limited partnership (the "Partnership"), who upon being duly sworn,deposes and says: I. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a U I NR PrsSide(' of the Corporation and the Corporation is the General Partner of the Partnership along with Genpar Corporation. 3. The Corporation and the Partnership were formed under the laws of the State of Delaware and arc currently in good standing there under,and have not been dissolved. 4. The Genpar Corporation and Partnership are authorized by the Corporation to execute consent forms pertaining to any zoning, land use. concurrency, time extension, PUD • annual report,deviation. and/or variance application(s)submitted to Collier County. FURTHER AFFIANT SAYETH NAUGHT. MFV-GLGP. LLC, a Delaware corporation. the General Partner of Parklands Associates I,LLLP Joe K'ul. V, i PA).1 .J0J fj,, The fo egging instrument was sworn to, subscribed and acknowled ed before me this /1,9't.- "" day of ��y t f , 2010, by Joel Kaul, the Vf ee priSi 42-0-1— of MFV-GLGP, LLC. a Delaware corporation, the General Partner of Parklands Associates I. LLLP, who is personally known to me or has produced pptcsD&t (l t9 e4 clAN\ as identification. sg!-717:1C 9 61-ICA.,v...A------- Notary P i r {Notary Seal] Printed Name: t1-1V1 I Jbhkali l My Commission Expires: 4.1 3) .20P-- " , September 2010 • VIA HAND-DELIVERY Ray Bellows, Planning Manager Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: The Parklands Minor Change to PUD Master Plan 11M File No.: 2010.047 Dear Mr. Bellows: As we discussed at our recent meeting, enclosed please find our application to make a minor administrative change to The Parklands PUD, A check for the application fee in the amount $1,050A30 is enclosed. BACKGROUND The Parklands consists of 635.2 acres of land in Collier County and is zoned for a PUD (Ordinance NO. 03-42)and is also a Development of Regional Impact(DR I. Development Order • 93-1). The subject property is located in Section 9, Township 48 South, Range 26 East. Portions of the DRI are also located in Lee County. See attached DRI Order 93-L Also please be advised that the PUD Master Plan subject to this minor change is a PhD Master Plan which was approved on April 8,2005. (See attached PUD Master Plan and approval letter). Prior to and in conjunction with an SDP application/construction plans that will be submitted for the Logan Boulevard Extension, we are requesting you to review this request for approval of a minor change to the PUD Master Plan pursuant to the criteria in LDC Section 10.02.13.E.8. The reason for the minor change is to relocate the planned extension of Logan Blvd. further to the west from its present alignment to increase the preserve area, in order to implement a settlement agreement entered into with several environmental organizations which had challenged Army Corps of Engineers permits for the Parklands. Incident to the internal road relocation will be more open space and less development area as can be seen from the revised land use legend on the Master Plan and the table below. The implementation of the settlement agreement requires the relocation of Logan Blvd. to the proposed location. Once the minor change herein requested is approved, we plan to submit Parklands PUD for a major PUD modification and NOPC to the DRI Development Order to implement other components of the settlement agreement which are beyond the scope of the minor change herein requested. • CAUscrstnitaier-lcniAppDattAlment MicragAINWindowsViemporary Ittteraet FtlesdenntencOuttookNEY X0A41,C1R 11 t009 tic i PMC Application(DRAFT 09-13-2010)krelitingesclean.DOC Ray Bellows, Planning Manager Collier County Government Re:The Parklands • Minor Change to PUD Master Plan (PMC) HM File No.: 2010.047 September 2010 Page 2 REVIEW CRITERIA Section 10:02.13.2.8 of the Collier County Land Development Code provides criteria to allow minor changes to the PUD Master Plan during subdivision improvement plan or site development plan process to accommodate topography, vegetation, and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent uses, have no impact external to the site existing or proposed, and is otherwise consistent with the provisions of this Code and Growth Management Plan. These changes include the following: 1. Section 10.02.13.E.8.a. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself,where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. As noted, the extension of Logan Blvd. is shifting farther to the west from its present alignment shown on the current PUD Master Plan but the external connection points are the same along the project perimeter boundaries for the Logan Blvd. extension. Water Management area and preservation areas are not affected by the proposed change and no required easements are affected. compliance with the above criteria, will be met. 2. Section 10.02.13.F..8.b. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. As noted, there is no encroachment into preserve areas and only minor changes are made to building envelope to accommodate the proposed roadway. 3. Section 10.02.13.E.8.e. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. There is no proposed relocation of recreational facilities that will affect adjacent property or land uses as minor changes to the PUD Master Plan are internal to the project and designed to accommodate the proposed roadway. 4. Section 10.02.13.E.8. d. Relocation or reconfiguration of lakes, ponds. or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. • CA Usrmlunaier-lenzlA ppDatatt.ocal1MicrosoMWindowsCremnorary Imenict Files\ContomOt ilook1FYX0A4FC'\a 1 1009 ttr tr I'MC Application(DRAFT 09-13-2010)krchangesckan.D(:X.: Ray Bellows, Planning Manager Collier County Government Re:The Parklands Minor Change to PUD Master Plan(PMC) HM File No.: 2010.047 September 2010 Page 3 As noted, there are no significant modifications or relocation of lakes, or other water management facilities to accommodate the proposed realignment of Logan Blvd. In summary, based on the foregoing, we trust you will find the proposed minor changes to The Parklands KID Master Plan to be consistent with the foregoing provisions and that you can process the change administratively as discussed at our meeting. Enclosed are the following documents: • Three(3)copies of the cover letter(this is the cover letter); • Three(3)copies of completed PMC Application; • One(1)Fee Check in the amount of$1,050; • Three(3)copies of PLJD Ordinance 03-42; • Three(3)copies of current Master Plan(and I reduced copy); • Three(3)copies of revised Master Plan(and I reduced copy); • Two (2) copies of Owner/Agent Affidavit(signed/notarized); • One(I) copy of completed Addressing Checklist; • One(1)copy of 8.5"x 11"graphic location map of site; and • Three(3)copies of correspondence dated April 8,2005. If I can provide you with any further information,please don't hesitate to give me a call. Very truly yours, HOLE MONTES, INC. Robert L. Duane, AICP Planning Director/Associate RLD/sek Enclosures as noted. cc: Kevin Ratterree w/enclosures R. Bruce Anderson, Esq. 1N/enclosures George H. Hermanson, P.E., Sr. VP w/out enclosures • CAtisers\rtilaier-knAAppDatatlocaltMicrosottWindows‘Temporitry interact Files‘Contetu.Outltx)k\FYX0A,WCAR“10(0 It tr PMC Application(MOT 09-13-2010)krchangcsclean.DOC ..................... *** 3436811 OR: 3603 PG: 0858 ■ RECORDED in OFFICIAL RECORDS of COLLIER COUNTL, FL I Prepared by: 37/09/2001 at 08:1IAN Dew I. ROCK, CLERK Patrick G. White, IEC FU 10.00 Asst. Collier Cty. Att'y. D0C-.70 .70 0 2800 N. Horseshoe Dr., Retn: Naples FL34104 CHARLES 3 EASIRAI! ? 0 802 280 QUITCLAIM DEED FOR! "IRS FL 33902 0280 h THIS QUITCLAIM DEED executed this day of , 2 , by COLLIER COUNTY, a political subdivision of the State of Florida, hose post-office P � P address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred as "Grantor"), to PARKLANDS DEVELOPMENT, L.P., its successors and assigns, whose post-office address is 3185 Horseshoe Drive South, First Floor, Naples, Florida 34104 (hereinafter referred as"Grantee"): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor,.,,.foLand in consideration of the sum of Ten Dollars ($10.00) in hand paid b ib'ai ,, the receipt whereof is hereby acknowledged, does hereby - ease`--- °1`j tcaaim unto the said Grantee forever, all the right, title, int= :s',..� aim and demand\w rr i the said Grantor has in and to the following described /lot, Gce-eF arceI of land ua , lying and being in Collier County, Florida, to wit / 7 `a°�.„. � ` ; • The West 60 feet(of -. :st ••, n 9, Township 48 South, Range 26 • .® :1► p ds f J{_ r Subject to ea t ts, restrictions,.a L r-s tzOons of record. f TO HAVE AND TO H Fir I - same toget W K all appurtenances thereunto belonging or in anywise apperta •rri -x.v. , right, title, interest, lien, equity and claim whatsoever of the said Gra . ."- ( _:___-- IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATi'EST ,,,0,,,,,,,,,,f,,,,,, BOARD OF COUNTY COMMISSIONERS DWIGHT i R(} k COLLIER COUNTY, FLORIDA ,• 4 AG BY f Attest at .K �� . •ty Clerk D• A I' C =lR r1 = • -ROVED ASYa FORM AND LEGAL SUFFICIENCY: II I PatrickRG. e, Assistant County Attorney C ) G:MAC/Parklands Exhibit B(Collier) • INSTR 4411917 OR RECORDED 3/31/2010 PM PAGES 3 Retorts to:(enclose se,if-addressed stamped envelope) DWIGHT E. BROCK Mark F.Grant,Esq. COLLIER COUNTY CLERK OF THE CIRCUIT COURT 70 DOC .@ Roden McClosky P.A. CONS 20 778,600.00 REC$27.00 F.s 200 t Broward Boulevard,Suite 1500 Fat Lauderdale,Florida 33301 This Instrument Prepared by: Mark F.Grant.Esy. Ruden McClusky F.A. 200 East Emanuel Boulevard,Suite 1500 Fort Lauderdale,Florida 33301 SPACE ABOVE THU LINK FOR PROCESSING DATA SPACE ABOVE THIS]LINE FOR PROCESSING DATA Parcel ID Nos.:00177600003,00177810000,and 00177600100. QUIT CLAIM DEED THIS QUIT CLAIM DFFD, dated litlgal 2.9 , 2010, between RC PROPERTIES IX, LLC, a Delaware limited liability company, with an address at One Meridian Crossing, Suite 100, Richfield, Minnesota 55423 ("Grantor") and PARKLANDS ASSOCIATES I, LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP, with an address at 1600 Sawgrass Corporate Parkway, Suite 400,Sunrise, Florida,33323 ("Grantee"). WITNESS, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby conveys and quitclaims unto Grantee all of the real property described on Exhibit A, attached hereto and incorporated herein by this reference, located in Collier County, Florida, together with all rights,improvements and appurtenances,if any("Property") • it M:72133705.2 • ............................................... GMAC/Patktands Exhibit B(Collier) • IN WITNESS WHEREOF, this Quit Claim Deed has been signed by Grantor as of the day first written above. •!�'it . .ia%! RC PROPERTIES IX,LLC, Wi ess: a Delaware limited liability company , Let' Witness: /! t�� .>til.l K By: Name: Its: '110 JT STATE OF411J ) 1lravr4 4 ✓�Y 00 ) SS: : COUNTY OF The foregoing instrument was acknowledged before me this day of tA.rtget4 , 2010,by tote►'St' 0,--760Cti)3 as Nitoac.-i er_51pEa. of RC PROPERTIES IX, LLC, a Delaware limited liability company, on behalf of said company. He/Sb ( ) is persoi ly known tune or L__) has produced a driver's license as identification and did not take an oath. ° '" NolaryPubric-tames* °,`,v/, rr j , ,. ° �•;~ My Comb:icn E es Sign Na <` 01/3116 Print Name: ..qt: — NOTARY PUBLIC,STATE OF VA.114 My Commission Expires: .S i,Z cat S • RW 7233705 2 OMAC/Parktands Extubit B(C)llier) • EXHIBIT"A"TO QUIT CLAIM DEED Legal Description of the Property ALL OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 30 FEET CONVEYED TO COLLIER COUNTY IN OFFICIAL RECORDS BOOK 484, PAGE 533, OFFICIAL RECORDS BOOK 548, PAGE 881, AND OFFICIAL RECORDS BOOK 548, PAGE 883,ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. TOGETHER WITH: THE WEST 60 FEET OF THE SOUTH 30 FEET OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. • RM.7283705 2 Robert L. Duane & Associates Land Planning a Zoning Consultants A.I.C.P. • 4880 Tamarind Ridge 1)r. Naples FL 34119 Office(239)353-1167 cells(239)595-5096/682-1339 robertrosatlha.duasie a 11111041,0)M April 10.2014 In reference to April 8, 2014 Collier County' letter re: PL20140000248: Zoning Comment 2: Find attached Corporate Affidavit(Parklands Cienpar Corp.) which affidavit lists Kevin Ratterree as a Vice -President of the corporation and authorizes him to execute documents on behalf of the corporation. This is the same affidavit utilized for the initial Parklands PLO approval, which was accepted by staff' • See: • 5.Affidavit Nov.2010. • 6. Affidavit Authorization 2014.Covenant of Unified Control. • 7.Corporate Affidavit(Parklands Genpar Corp). • 8. Corporate Affidavit(MFV-GLGP LLC). • 9.Quit Claim Deed.Quit Claim Deed Recorded. • 10. Updated Disclosure of Ownership Interest Info. • • 11. Disclosure of Interest. / 12. Ownership Interest./13. Parklands :Annual Report/ 2014/2013./ 14. List identifying Owner./ 15.All parties of corporation. Updated Disclosure of Ownership Interest. t “211,=r:ri i';4:i► w Piro,' t.1cn;i:1t' t tit poralitltt NIL N ( t1 ( 11'. I 1 t. I ii!l)t�c1 1'Ciftlit S'�. I ; l.iiin k I iiiih:ti t. t1rpoi-:111tu'1 .1l 1 t ,i.1 I'. I i ( 111 Robert L Duane&Associates Parklands Re%i%inn Date:07.27.2014 DISCLOSURE OF INTEREST INFORMATION Cotes?. 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 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownershi• Parklands Associates I, LLLP, a Florida Limited Liability 100% Limited Partnership, By: Parklands Genpar Corporation, a Florida Corporation, and MFV-GLGP, LLC, a Delaware Corporation, the General Partners of Parklands Associates I, LLLP e. If there is a CONTRACT FOR PURCHASE, with an individual ar individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. • Name and Address % of Ownership Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Revised May2011) -01 .er Litownty COLLIER COUNTY GOVERNMENT 2800 NORTH HOISESMOtz DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collleroov.net ci, If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the norme of the general and/or limited partners. Name and Address °A) of Ownership. GENERAL PARTNERS: Parklands Genpar Corporation, a Florida corporation 1% 100% Subsidiary of affiliate of G.L. Homes MFV-GLGP, LLC, a Delaware corporation 1% 100% Subsidiary of MFV-GLLP, LLC LIMITED PARTNERS: Parklands Limpar, LLC,a Florida limited liability company 49% 100% Subsidiary of affiliate of G.L. Homes MFV-GLLP, LLC,a Delaware limited liability company 100% Subsidiary of VO 2010, LLC(a venture between 49% affiliates of Varde Partners and Mountain Real Estate Capital) • e. if there is a CONTRACT FOR PURCHASE, with on individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders,beneficiaries,or partners. Name and Address To of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list cell individuals or officers, if a 4orporation, partnership, or trust. Name and Address • Rcvlsed May)010 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS K•'� Detail by Entity Name Florida Limited Partnership PARKLANDS ASSOCIATES I, LLLP Filing Information Document Number A10000000142 j FEI/EIN Number 272102514 Date Filed 03/04/2010 State FL Status ACTIVE Principal Address 1600 SAWGRASS CORPORATE PARKWAY STE 400 . SUNRISE. FL 33323 Mailing Address 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 Registered Agent Name & Address I PARKLANDS GENPAR CORPORATION 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 Name Changed: 04/22/2011 General Partner Detail Name & Address ( Document Number P10000019043 PARKLANDS GENPAR CORPORATION 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 ip j SUNRISE, FL 33323 �, i Document Number M10000000998 MF WESTPARK. LLC. 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 SUNRISE. FL 33323 Annual Reports Report Year Filed Date 2012 04/23/2012 2013 04/25/2013 2014 04/28/2014 Document Images 4..28'2014 -- ANNUAL REPORT View image in PDF format 041252013 -- ANNUAL REPORT View image in PDF format Q412312012 -- ANNU .REPORT View image in PDF format Q4/2212011 -- ANNUAL REPORT View image in PDF format 03/04/201C -- Dorne_stic LP View image in PDF format 2014 FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT FILED DOCUMENT#A10000000142 Apr 28, 2014 Entity Name: PARKLANDS ASSOCIATES I, LLLP Secretary of State CC5699949912 • Current Principal Place of Business: 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE. F L 33323 Current Mailing Address: 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE. FL 33323 FEI Number:27-2102514 Certificate of Status Desired: No Name and Address of Current Registered Agent: PARKLANDS GENPAR CORPORATION 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE,FL 33323 US Ma above named entity submits this statement tot the purpose o 1 changing its registered°flex o rogistered agent.or both,in the State of%tido SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document# P10000019043 Domanent 41 M10000000998 Name PARKLANDS GENPAR CORPORATION Name MF WESTPAFIK.LLC. Address 1600 SAWGRASS CORPORATE Address 1600 SAWGRASS CORPORATE PARKWAY.SUITE 400 PARKWAY.SUITE 400 • City-State-Zip: SUNRISE EL 33323 City-State-Zip: SUNRISE FL 33323 corny GU!the Wonnorinn indraa hx/Or,tors reran or sairramental report s hue and acureic and that my eirrtronoc sVstrure IOW have Me same Jogai OW es I mane orrone nark that r am d gunnel partner a they kdparDee,itle a the rammer or trustee empowered to OXOCIIte MIA wort en required by Chapter 62a flarrela Statutes:and that my name appears above,or on an attachmtmi mth aid 06W like ompnre•ed, SIGNATURE:RICHARD M. NORWALK VP 04/28/2014 Electronic Signature of Signing Genera!Partner Detail Date • • 2013 FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT FILED DOCUMENT#A11J000000142 Apr 25, 2013 Entity Name: PARKLANDS ASSOCIATES I, LLLP Secretary of State CC9650601604 Current Principal Place of Business: • 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 Current Mailing Address: 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 FEI Number:27-2102514 Certificate of Status Desired: No Name and Address of Current Registered Agent: PARKLANDS GENPAR CORPORAT ION 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE.FL 33323 US nye above named entity sJbmIts the statement for the purpose of changing as registered office or registered agent,or both,WI the Stare of Fbnda. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document# P10000019043 Document# w0000000998 Name PARKLANDS GENPAR CORPORATION Name MF WESTPARK,LLC Address 1600 SAWGRASS CORPORATE Address 1600 SAWGRASS CORPORATE PARKWAY,SUITE 400 PARKWAY,SUITE 400 City-State-Zip: SUNRISE FL 33323 City-State-Zip: SUNRISE FL 33323 • nemby camfy Oaf the tim-at Imbue!indicated on 5, tepun ca supplemental reface ts tette are at:curate and tug triy-Nbcironrc sgatatbre 4ball fuse tlwa same!Kai effect as if MalkI CfOlh,that I am a graven,roomy.,at the kniled pannenchip or the become:-ix amble empowered If3 Olt polite this maxi as requited by Clusplor 620,rionat&Wei,anti teat my name arrows abow.or an ab attachment AIM nthel 01111X,Wefal SIGNATURE:RICHARD M. NORWALK VP 04125/2013 Electronic Signature of Signing General Partner Detail Date • CAI, County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6353 www.callierciov.net ASSOCIATIONS Complete the following for all registered Association(s) That could be affected by this petition. Provide additional sheets if necessary. Information can be found on tho Board of County Commissioner's website at h'to,f/www.collieraw,nefLinclex-ospx7agne=i/4 4 NAME Of HOMEOWNER ASSOCIATION:OLDE CYPRESS MASTER ASSOCIATION MAILING ADDRESS 3045 OLDE COVE WAY CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION:QUAIL WESTHOMEQWNE.RS_QVCIAT.12.14 MAILING ADDRESS .S940 BURNHAM ROAD CITY NAPLES STATE a ZIP 34119 NAME OF HOMEOWNER ASSOCIATION:QUAIL ICRELLEUATES MAILING ADDRESS 4886 POND APPLE DRIVE CITY NAPLES STATE FL ZIP _34119 NAME OF HOMEOWNER ASSOCIATION:QL1AILCREEK PROPERTY OWNERS ASSOCIATION MAILING ADDRESS 4886 POND APPLE DRIVE CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION:QUAIL CREEK VILLAGE HOMEOWNERS ASSOCIATION MAILING ADDRESS 11875 QUAIL VILLAGE WAY CITY NAPLES STATE FL ZIP 34119 111 Rcvls“I Mcy2DtC • , (He divl 6ey PUD Amendment Insubstantial (PDI) PRE-APPLICATI MEETING NOTES 1.# 20 [1-- ozet 1A, Date: 121 t+Time: titIV m ts Assigned Planner t A Al 61A_ Project Name: Payitihoa ..f.k2u0 Applicant Name: .RIA0ex+ DuctvIc Phone: 534Ji7 Owner Name:724,..,owlis 4.4. 00 S.4.44RALCre..04.1449,(Alo PAkI81 St - 410 0 Owner Address: I u M i j i r'" _P i- S322.7 phone: 5'3 7S-3 I 7?0 e..-44. 22 yc Meeting Attendees: (attach Sign in Sheet) Meeting Notes h :CV s" L *ci-,14.rivvov,"\E\ ALAI( Omsepve filtr",.,-"AcAkr v 4‘fSai.-7 1.avt) sAti k ,4s4,9e. Pe. act,119'1,1 t 4•...A". wie'e • )tti b3/4" t4i! Air. 46 4114411)r PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due dote SCHOOL DISTRICT-Amy Taylor PARKS& REC-Vicky Ahmed SUPERVISOR OF ELECTIONS City of Naples Robin Singer 1N DR/EM1 EMER.MGMT-Jim Von Rinteln j IMMOKALEE WATER/SEWER DISTRICT BAYSHORE/GATEWAY TRIANGLE UTILITIES ENGINEERING-Paulo Martins REDEVELOPMENT Executive Director • G:\CDES Planning Services1Corrent1Pre-Apolication Forms 20111Pre-app Forms-JUNE 2011\POI PUD Amendmert Pre-application June 2011.doc revised: 8/5/02,rev.5/26/10 ■ PUD AMENDMENT INSUBSTANTIAL (PDI) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW• W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED \O 4 COK REQUIREMENTS # OF PIEFS-1—Si BMITTED REQUIRED (1 additional copy if located in Immokalee) (1 additional copy if for affordable housing) If project includes an Vt/ Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services De.•rtment at 239-252-2273. Completed Application (download from website for current form) • V Pre-application Meeting notes Current Master Plan & 1 Reduced Copy . 0 V' Revised Master Plan & 1 Reduced Copy '0 Detailed description of why amendment is necessary !O PUD document document with changes crossed through & underlined 0 ---- PUD document as revised with amended Title Page with Ordinance # hi Detailed description description of proposed changes/Project Narrative 2$ Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 1, List identifying Owner & all parties of corporation 2 V Owner/Agent Affidavit signec & notarized 2 Copy of completed Addressing Checklist 1 Copy of 8 h"X 11" graphic location map of site 1 Traffic Impact Statement (TIS) 7 . Copy of Traffic Impact Statement(TIS)on CDROM 3 i7,, • Environmental Impact Statement (EIS) and digital/electronic copy of EIS 3 Electronic copy of all documerrs and plans(CDRom or Diskette) or exemption justif 1, ication _ 2 ' Fee Calculations: J 1 500.00(Insubstantial) . 0 :e.t t• ' — ' -- 4_532 fir (A 61-fidat El $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Z $925.00 Legal Advertising Fee- CPC,meeting 0 $2500.00 EIS Review Transportation Fees, if required (please attach a separate check for transportation fees) 0 $500.00 Methodology Review Fee,if required 0 $750.00 Minor Study Review Fee,if required 0 $1,500.00 Major Study Review Fee, if required 1:1 Other ... Property Owner Notifications: $1.50 Non-certified (To be paid after receipt of invoice from Planning Department) • G\CDES Planning Servioes\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 20111PDI-PUD Amendment Pre-application June 2011.doc revised: 8/5/02,rev. 5/26/10 Collier County Land DDe_yelopmau ..Lod „J Administrative Procedures Manual Chapter 3 Jcial Procedures with a Puri Hearing • ,! /G.3. PUU Insubstantial Change Reference LDC scbsecY•• :.•,.13 E.LDC section 8.10,00,and LDC Public:Notice subsection H. Applicability This process appies to insubstantial changes to a PUD Master Plan which meets the thresholds in LDC subsection 10.02.13 E. Pre-Application A pre-application meeting is required. initiation The applicant files an application for an"Insubstantial Change To PUD Master Plan (PDT with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership, 3. POD Ordinance and Development Commitment information. 4. A legal Or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the POD,provide a legal description for the subject portion. S. A narrative and detailed description of the amendment and why it is necessary. 6. An analysis of whether the amendment complies with the Growth Management Plan, 7. Whether a public hearing was held for the property within the year preceding the application.If this has occurred,include the applicant's name. 8. Whether any part of the PUD has been sold or developed,and whether the proposed changes involve those areas. 9. Current and revised Master Plans,along with a reduced copy of each. describing the proposed changes of the following: • Land use; • Densities; • Infrastructure; • Open space,preservation or conservation areas; • Area of building square footage proposed for nonresidential development; • Change in potential intensity of land use and related automobile trip movements;and • Relationships to abutting land uses. 10. Addressing checklist. 11. An 3 h in.x 11 in.graphic location map of the site. • 59IPagc t`,Admin Code 2012\Current work\Administrat,e Code Version 1;1 2013.24.10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi Judicial Procedures with a Public Hearing • 12. Pre-application meeting notes. 13. Owner/agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. ra See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area-at least 15 days before the advertised Hearing Examiner hearing. 2. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time,and location of the hearing; • Description of the proposed land uses;and • • 2 in x 3 in.map of the project location. 3. Sign:(see format below)Posted at least 15 days before the advertised Hearing Examiner hearing date, PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Re'quest-Sulfich.'ntlyclear to descri a the project) LOCATION: DATE: TIME:__.__....._ . CONTACT: 1H1 ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR.,NAPLES,EL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. • 60IPage I;\,Admin Code 2012\Current Work\Adrninistrative Code Version 1.1 Z013.24-10.doc Collier County Land Development Code f Administrative Procedures Manual Chapter 3 I Quasi Judicial Procedures with a Public Hearing • Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed.Pursuant to LDC subsection 10.02.13 B.3,Staff will prepare a Staff Report utilizing the criteria identified in LOC subsection 10.02.13 E, to present to the Office of the Hearing Examiner for a decision, The Hearing Examiner will approve,approve with conditions,or deny the application utilizing the criteria in LDC subsection 10.0213 E. Updated • • GI ! Page I\Admin Code 20121Curreni Work■Adminovotive Code Version 1.1 2013.24.10.doc ..... i/C .C.ri'ilAE ?I/a AMENDMENTS TO SECTION 6.5, TABLE 1, DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS • Section 6.5, Table 1, entitled"Development Standards for Residential Areas"of Ordinance Number 04-15 as amended,the Terafina PUD, is hereb■, -amended to read as follows: 6.5 Develo intent Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE I ZERO TWO SINGLE i MULTI- AND STANDARDS 1 FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE AND ATTACHED DWELLING DUPLEX AND t! TOWNHOUSE Minimum Lot Areas i 6.000 S.F. I- 3,500 S.F. 3,500 S.F. 3,000 SF per 1 AC , d.u. ___, Minimum Lot Wdthu 50 35 45 30 100 Front Yard Setback 20 1.5(4) 15(4) 2014) 26 ..1Prinipal and Accessmiiataii _ )01 Side Yard Setback 6.01 0 or 10 0 or 6 0 or 12 .5 BH Rear Yard Setback: 20 20 20 20 25 ,pi incipal-Lots back to back '— Rear Yard Setback; 10 10 10 10 15 Principal-IntS abutting lakes IIII taaement areas and common _........ U.Vlat7.c..1ifil Rear Yard Setback: 10 10 10 10 10 ..o.cresso_r_y_Strucrures _ Rear Yard Setback: 5 c ., 5 5 : 5 kccessdry Punts and Spas''' – 01S batk to back –– – Rear Yard Setback: , ,., , , , 3 3 3 krcessory Screen enclosure:– ; Rds back to back _ 1--- Rear Yard Setback: " , :? , _, ; 3 3 A ..0,7.Fogs and Spiis ' : ! kit* abutting la kt•S eaSeincni , 1 A Ero and Inkon open space i a feaS , Row Yard Setback: i 0 0 0 0 0 , ,Vce.ssor)SC I'et'Pi et1(10$10 i'S — , klti abutting lakes raioncen — --i i a 11;.ti,and i,elliflWi.vprn SIM"' Maximum Zoned ,,4- 35 35 35 . • ..— .1 _ . . Maximum Actual 38 38 38 1 38 38 Building Height Distance mwzen N/A NIA T NIA 10 .5 BB Structures I Floor Area 1600 1400 1200 1200 1200 Minimum .i S.F.). Preserve Area Setback: 25 i 25 1 25 z..,., 25 25 ; Preserve Area Setback: 10 . 10 i 10 10 10 Accessory Structares _ „I Words stenek-ekir-avg.lt are deleted;words underlined are kdded. All distances are in feet unless otherwise noted. BH=Building Height • 1 pop oapihm,,:e!..ciioici;.s , nioiyacoitri rtm..Vali:Denrizyto..44 lorsaboUnuu,(Niuw gi,trotertairov Pftzsv nuecin pplval..":244*.3,,,W 14,rozn 9.fic,,,at.W. ONotes: 1. Each half of a duplex, unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand(7.000)square feet. 2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten(30)foot side yard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet Should the garage door be side loaded,there shall be a 23 foot wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet the LDC standards for minimum landscape and butlers. 6. A COMM' lot shall be defined as a lot wherein two yards directly abut road right- of-way. The front setback of a corner lot shall be measured from the side with the shortest roadway frontage and the other side with road frontage shall be designated as a side yard. The minimum front setback or a corner lot shall be 15 feet. AMENDMENT TO SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/ NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES. Section 7.4. Development Standards Section VII Permitted Uses and Dimensional Standards for Recreation Center/Neighborhood Village Commercial Center use are hereby amended as follows: G. The requirements for the Recreation Center/Neighborhood Village Commercial Center Component of the PUD are set out as follows: S.11mi. A unified sign plan shall be submitted and made a part of the approval for the Recreation Center/ neighborhood Village Commercial Center Site Development Plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the Recreation Center/Neighborhood Village Commercial Center.The unified sign plan shall adhere to Seetion-2:8,3,6-.24euf the LDC, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian oriented. a, Sign Deviation No. 1. Seeks relief horn LDC Section 5.06.02.B.6.1)On Premise Signs in Residential Districts which allows a ground or monument sign at each project entrance not to exceed a combined area of 64 square feet or two signs of 32 square feet, to allow one additional Sign up to 32 square feet in the Recreation Center/ Neighborhood Village Commercial Center as shown on the Master Plan per the sttached sign detail,that is not located at the entrance of the PUD. u(3/;,MA04::ES:"Hr,`0, S= AtOotraP tkoots3 tiro'Ctrs ttorikvol :rottor‘r,tatt C‘,.-y<4 srsiowtrtr.4a1 pt.t> Rex JtON,App1.14o Fcb to It,. M. EXII-WiT E • DEVELOPM4NTSTANDARDS -..--..,PARKLA PERMITTED USES I Single- Zero Two ' 'Ray "Single- 77-N1,-) - 'Model Guard Preserve Recreation I AND STANMARDS I Fatuity Lot 4.4.Dop - . ' ,, '. amity Koreas Gate Area Site I I I)etacheti , Line (R) Attached/ Dwellings (R) Rouse Structure (RS) I (R) ; (R) Townhouse Aexcept i ;ROW%) (P) than 2 Townhouse) i units) I (R)*7 , Minimum 1.,o1 Arta , 5,000 SF ' 4 000 si•-' • 1.500SF'' 3,500 SF 'r '' 9.000 SF 1 N/A N/A , 1 acrt I 1 Minimum Lot Width" 1 50' 40' 35" 35'°' 90' N/A N/A i 100' 1 Minimum I..ci Depth I CO' 100' 300' 100' I I Front Yard Setbacks 20' . 20' ' 20° 20' NIA '' ' N/A 25' I i ■ 6 Front Yard Access 1 ory I 20' I 20' I 20' i NIA '' N/A 1 10' 1 Setbacks I I 20' 1 I Side Yard Setbacks 1 6' 1 0'or 10 1-----7.5' 1 7,5' N/A N/A 10' 1 Side Yard Accessory 1 Setbacks ' S.P.S.'; I 5.P.S..9 I S.P.S.'9' 1 S,P,S....9 NIA .1 'I I ler Recr Yard Setack:: I i -154-- I ' I i5' 15' L N/A 1.,.......„,.....<:.._._....,-..----- _ -7--------...,z: . --- • setbacks 5' 5' I 5' 5' NIA :s-1 .6 ..........— Maximum Built.fing 2 stories , 2 stories , stories not 1 2 stories not ' 2 stories not I ' 2 stories 2 stories -4-- 10' l' :13tillti --4---ttot-to ' 116f lc exceed I to exceed to exceed I not tc not to 1 I exceed I exceed I 30' i 30' 50' I exceed exceed Zoned ; 30' ' 30' I 40' 40' 60' ." ' 30' 25' 35' Actual i 40' 40' 1 40' .35' 50' Distance Between Principal&Accessory 1 10' 10' I 10' 10' 20'" .5 NIA N/A IC' Structures I . 1 1 _ .7';— i Distance Between '; To' 0'or 10' i 15' 15' 30' 19/A N/A f'---I6'--'-- Principal Structures _ I : Floor Area Minimum i t,000 SF 1,000 SF 1.0005? 1,000 SF V 7505? -"fl NA N/A 1 ---1W--1 1 1 Preserve Are-as- i 25' I 25' 25' 25' 25' .3 - ' , / tt,a N/A 25' I Princirrel Structures Setbacks from I ! I r ., Preserve Aress- ,0' 10' ! 10' l 0' 10' miA 1 IN.,0/Ar i Accessc.,.Structures S ctback.7,rurn Tract N/A. NIA , 1‘://, "-- 1'4/1, -i,,,,,i .....) N/A Boundary I 1 , i Setback from:nter-- F . N//, N/A --4: NM WA 2.0' N/A I -"'StA i-- N/A 1 Ni4, Drivcs or Travclwa-,5 ; (Sex footooles on Page 7 of 20) I Pige 6 of 20 1-2 ii;1 0.2(J.I 00,17■Ft Until)Anwrictmc ne.P mt.CC K17 he.norkluAdv PY-'.. '7.0 g-1, 551( -2c'..20 1::).cit.: • • 42 SF refers to square.feet.All other measurements are in linear feet 3,500 SF of lot area per dwelling unit. Minimum lot width may be reduced by 21)%for cul-de-sac Iota provided the minimum lot area requirement is:maintained 44 Front yards shall he measured es fellows: If the parcel is served by a public right-of.wsy,setback is measured From the adjacent right-el-way line. the parcel is served by a private road,setback is measured from the back of curb or edge of pavement(if not curbed). If the payed has prwate road frontage on two sides,the setback is measured from the side with the shortmt frontage with the other frontage designated as a side yard. D. The garage roust be setback a minimum of'23 feet for fi-ont-earry and 13 feet for side entry. Same.as Residential 7.o.ning Distrc r.where model home is'located. :5 Minimum 5'from road edge ef pavement ci bark of curb and minimum 15'from Logan Einuievard North IZOW line, 4.7 May be reduced to 10'between multi-family buildings and garages. Not applica.blc to boardwalks which may be cc:instructed up to the preserve:real boundEry. S.P.SmnamaarprintpaJ StalCairt. ') Per unit Maximum of ten(10)units attached in one building, 412 Th e perimeter buffer will not be located Within the 25'setback or will be located outside of the tract boundary. • 7 of 2C • Cr%20 004rato'Put)Ar.,.-AzirrznAposi CCP C!The nrkir itiPUD 2010- (4-26-2612).6c: • ORDINANCE NO. 12-30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED I"NIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPt'D, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UN-ITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING T UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND , • DEVELOPMENT CODE, AND ELIMINATING A 7.23±ACRE PARK ON . - PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE • LEE-COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE c' 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34+1- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03-42; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved Ordinance No. 2003-42. the Parklands PUD on September 9, 2003; and WHEREAS, County staff approved a minor amendment to the PUD on October 25, 2005 to relocate an internal roadway and WHEREAS, Bruce Anderson. Esquire of Roetzel & Andress and Robert Duane. AICP of Hole Montes, representing Parklands Associates 1. LLLP, petitioned the Board of County Commissioners to change the PUD by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units, increasing the preserve to 341= acres. deleting golf courses as a permitted use, revising development standards, requesting deviations from the Land Development Code.and eliminating a 7.23= acre park. • Parklands Pt i DA' PI'010-1 551 Rev 07/02!12 1 of 3 NOW THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 9. Township 48 South. Range 26 East. Collier County. Florida is changed from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Parklands RPUD. to allow construction of a maximum of 850 residential dwelling units in accordance with the Parklands RPUD document. attached hereto as Exhibits "A" through "F". and incorporated by reference herein. The appropriate zoning atlas map or maps. as described in Ordinance No. 2004-41. as amended. the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 03-42 is hereby repealed in its entirety. SECTION THREE: • This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County. Florida. this , f day of J u ll y . 2012. I'TEST BOARD OF COUNTY COMMISSIONERS )V ICIEtT IBRt ;;CLERK COLLIER COUNTY. FLORIDA • Ili v 1L11 w. By: �■ Bv: �c to. �i�Cl1rk V FRED W. COYLE, C rman Somata►* Asti. , Approved as to form and legal sufficiency: This ordinance filed with the Itit_Att (AO(Jo- 7 kt Z Secretary of State's Office the Heidi Ashton-Cicko and ocknow4dgemenf of thoi Managing Assistant County Attorney foiny received this '` dcv 01 ` `5.c..�`F- Parklands Pt'DA'.PL2010-1 551 6" _ c� Rev 07/02/12 2 of 3 4 -.. • Attachments: Exhibit A— Permitted Uses Exhibit B— Development Standards Exhibit C— Master Plan Exhibit C-1 —Boundary Marker and Project Entrance Signs Exhibit C-2 — Typical Roadway Sections Exhibit C-3— Logan Boulevard North Sections Exhibit D— Legal Description Exhibit E— List of Deviations Exhibit F—Developer Commitments CV I I-CPS-0108015 • • Parklands PUDA PL2010-1551 Rev. 07/02/12 3 of 3 1 EXHIBIT A PERMITTED USES • THE PA R 1. GENERAL USES PERMITTED T KIIRADS ONUGHORUPTUDTHE RPUD EXCEPT IN THE PRESERVE AREA(P) A. Permitted Principal Uses: 1 Agricultural uses including related accessory uses and structures. Agricultural uses in any particular tract shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments, 3. Playgrounds, playfields, takes, commonly owned open space, and pedestrian sidewalksibikepaths. 4. Model homes and sales centers. 5. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 6. Any other principal use which is comparable in nature with the foregoing • uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Utility storage buildings, irrigation water and effluent storage tanks and ponds,all to serve the RPUD. 2. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 4. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. Page 1 of 20 • Qoto,.2o ii047'RE,;)\KA)Amendtrent• ocl CCPC Ihe Parklands RPUD 2010-1551(D-26-2(12)Joc • 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL(R) A. Permitted Principal Uses 1. Single-family detached dwellings. 2. Single-family zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings, 5. Multi-family dwellings. 6. Model homes conforming to housing types described in 2.A.] through 2.A.5 above. 7. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. • B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance, 3. Common area recreation and utility facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density I. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. Page 2 of 20 -2o I 0`2C.I 0047,111.1),PUD Amendment\Post CCPC The Parklands MID 2010-1551(6-26-2012)doc 2. Single-family housing types may be mixed within the model home row area (only). This means that a single-family detached (zero-lot-line and II/ non-zero-lot-line) and single-family attached, may be on adjoining lots provided that each housing type meets applicable development standards specified in Exhibit B. Single-family and multi-family housing types may not be mixed on the same platted tract. The setbacks between mixed housing types shall be the most restrictive, i.e., the housing type requiring the largest setback. 3. RECREATION SITE(RS) A. Permitted Principal Uses 1. Community center/clubhouse with dining facilities, health spas, tennis club and other recreational facilities intended primarily to serve the RPUD residents and guests. The developer shall commence construction of the community center/clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250th dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. Commercial/retail establishments including tennis equipment sales, gift shops, restaurants, cocktail lounges and similar uses intended primarily to serve the RPUD residents and guests. 3. Maintenance and storage buildings. • 4. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses I. Parks, tennis courts, shuffleboard courts, volleyball courts, tot lots and other facilities for outdoor recreation. 2. Customary accessory uses and structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 3. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LOC at the time of the request for such use. Page 3 of 20 10 II 20! \20!0047\RLDPUD Arnendment'PosICCPOThe Parklands SPUD 1010.!551 i5.2b-2012)dc • 4. PRESERVE(P) A. Any uses permitted in preserve areas by LDC 3.05.07.H.I.h in effect at the time of RPUD approval. 13. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 5. SCHOOL SITE(S) A. Permitted Principal Uses No uses other than a public elementary school shall be allowed on the School Site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. if so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board. B. Permitted Accessory Uses I. Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. 6. OPEN SPACE/BUFFERS (0S/13) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed hack by Collier County (per O.R. Book 3603,Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satistj, the LDC requirements for buffers along these perimeters. B. A final determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. 7, PRESERVE BUFFERS(PB) A. Preserve buffers are intended to buffer and protect the large preserve areas from impacts associated with The Parklands development and Logan Boulevard North. • Page 4 of 20 H I C),.2410047,RLD PUD Arnendrnem■Post CCPC\the Parklands RPUD 2610-1551(6.26,2012)dos B. In addition to uses permitted in LDC 3.05.07.H.1.h, developer may supplement existing native vegetation with landscape features, buffers, berms and native • landscaping materials, 8. LAKES(L) A. If requested by the developer, the minimum lake setback to right-of-way, road access easement, or external property line, including those adjacent to Logan Boulevard North, shall be reduced to a minimum of twenty (20) feet if the right- of-way or roadway access easement is protected in the vicinity of the lake by a guardrail and landscaping. Notwithstanding the foregoing, this provision does not operate as a waiver of the Collier County Code of Laws and Ordinances. 9. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right-of-way (see Exhibit C-1). Refer to new Deviations Nos. 3, 5 and 8 in Exhibit E. B. Project Entrance Signs: Two ground or wall-mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C-1). Refer to Deviations Nos. 3,4, 5 and 8 in Exhibit E. 10, CROSS SECTIONS • A. See Exhibit C-2 typical roadway cross sections and Exhibit C-3, Logan Boulevard North cross sections. Refer to Deviations Nos. 10, 11, 12 and 13 in Exhibit E. Page 5 of 20 H2OiO,2) OO47\RU)\PUD AmendinentTott CCPC\The Parklands RNA)2010-1551(6.26-2012)doc • EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD PERMITTED USES f Single- Zero Two Family ( Single- Multi- Model 1 Guard Preserve Recreation 1 AND STANDARDS Famll) Lot &Duplex Family Family Homes Gate Area Site Detached Line (R) ' Attached/ Dwellings (R) House Structure (RS) (R) (R) Townhouse (except (ROWS) (P) (more than 2 Townhouse) (Bits) (R) Minimum Lot Area 5,000 SF" 4,000 SF`' 3,500SF".•T° 3,500 SF`''x 10 9,000 SF" `s ' N/A N/A I acre Minimum Lot Width" ' 50' 40' 35"10 35'•10 _ 90' 's N/A N A 100' Minimum Lot Depth 100' i 100' 100' 100' 100' `3 N/A N/A 100' I i I Front Yard Setbacks 20'~ 20'" 20'" 20'" N/A -' i �° N/A 25' Front Yard Accessory ¢ 20' 20' 20' N/A N/A 10' 1 Setbacks 20' Side Yard Setbacks 6' 0'or 10 7,5' 7,5' N/A •s •8 ° ° N/A 1 10' Side Yard Accessory t Setbacks S.P.S." S.P.S," S.P.S..4 S.P.S." N/A `r 4 10' Rear Yard Setbacks 15' 15' 15' 15' N/A •'3 '6 N/A 10' Rear Yard Accessory _ 0 setbacks 5' 5' 5' - 5' N/A `s K N'A 10' Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories not 2 stories 2 stories Height not to not to to exceed to exceed to exceed not to not to exceed exceed 30' 30' 50' exceed exceed Zoned 30' 30' 40' 40' 60' •s 30' 25' j 35' Actual 40' 40' `' 40' 35' 50' Distance Between Principal&Accessory 10' 10' 10' 10' 20'" s NIA NIA 10' Structures Distance Between 10' 0'or 14 15' 15' 30' N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF t 1,000 SF 1,000 SF 1,000 SF 750 SF `3 N/A N/A N/A Setbacks from Preserve Areas-- 25' 25' 25' 25' 25' `' 25' i N/A 25' Principal Structures Setbacks from � � , Preserve Areas- 10' 10' 10' 10' 10' •i 10' N/A 10' Accessory Structures Setback from Tract N/A N/A N/A N/A 25'•17 N/A N/A 10'"- 25' Boundary Setback from Internal N/A N/A N/A N/A _y 20' N/A N/A N/A N/A Drives or"l'ravelwa a (See footnotes on Page 7 of 20) • Page 6 of 20 tt It/10120100474E1.D'PUD AmendmentNoat CCPC'Thc Parklands RPLD 2010-1551(0-23.2012)•doc 'I SF refers to square feet, All other measurements are in linear feet. • •2 3,500 SF of lot area per dwelling unit. •3 Minimum lot width may be reduced by 20°' for cul-de-sac lots provided the minimum lot area requirement is maintained. •d From yards shall be measured as follows: A If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. Q If the parcel is served by a private road,setback is measured from the back of curb or edge of pavement(if not curbed), G If the parcel has private road frontage on two sides,the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. p. The garage must be setback a minimum of 23 fret for from-entry and 15 feet for side entry. •5 Same as Residential Zoning District where model home is locate& •F Minimum 5' from road edge of pavement or back of curb and minimum 15' from Logan Boulevard North ROW line. May be reduced to 10'between multi-family buildings and garages. •fs Not applicable to boardwalks which may be constructed up to the preserve tract boundary •9 S.P.S.means same as principal structure. •10 Per unit. 'I i Maximum of ten(10)units attached in one building. •12 The perimeter buffer will not be located within the 25'setback or will be located outside of the tract boundary. • Page 7 of 20 • H\20I0'1010047 RLD'Pt.1D AmcndmcnePost CCPC',Ttie Ps:klands KPUUT)2010-1551(6.26-1012).dac . .______........._........................................ , . 7 - , . NM . ''''''' !—:... 2 Is 4 a b 11 * t ...■Vi •.Vi ni 0:4 04; ' L • 4 1 31 ,.I IA ii II A I :Li i Ai r. 2 pt Ns 148 Fl 1 , '- it ti tosi.z I z5 a / i 51,141 ,Ig ct,' ,.. ; :. 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O• i 771;44 En 1 1 1 11 1 I gat i i1 r 1, Co 1 ; 17 by at Homo, 001110r likhr O.&u.tl.Florida EXIHlierr"CX.I' GLI-OMES ---ci,a6x---Akietauia !' , Page 9 of 20 • ilA20t0\2010047ALDTUD Anrendlnenaost CCPCAThe Portland*RPtiro 20t0-155I(6-26.2012).doe aD'RICER-CP-trAT CONC. OR[ I Siff I—'�OP .. — i _SLIM i Siff (o�' iC PTE) I (LAW SA SEIAGE TOM MAJV--\ F RA0.YIN--.7 J ! -../^CLANTY (J J IJ SURTAIlr SEVER "�rATER ww CONC.rAL-Cv CUT1ER OR 1 CUM•aTrE,(TOPICAL) f •1lr AC WARN°COO tr tN cK(sit)STARIUEED 11wE S-u) SUBORAM(LDR AO) .-ft sax(MI )CCMPAC tto LACER CR i INTERIOR ROAD SECTION (60' R.O.W.) SCE'RWM1-07-1MT 1 s' tONC , +o td r taK 1 NOTE : s/r 1 S/+1 q 1 MINOR DETAILS OF ROAD SECTIONS 5 : ( I AND UTIUTY PLACEMENT SUBJECT ' '41 N R" TO CHANGES IN FINAL DESIGN moot `--� rata YAw a 11180. SINN oRANTr 3 rALLEY arm of 1 WI SANITARY `MATER YAM CURB A CUTTER(TWsCAL) I 5O1[" o 1 t t/r AC MARINO C ■2 liCrt(MRL)staaLrto L CO5R9[:TOE 5-10 t 5ANINADE."1'40) S•Nes(MN.)CCAPACTm LAAEMDCR h INTERIOR ROAD SECTION (50' R.O.W.) 0 W RIWT-p'-MAY I� I t cove owl sax oral b 1 { snr z Jos+(/n I MAO_ S FORCE NUR \ 0_I♦ A b . F COMC VILLLY OUTIV DR F. C•.•OU TITP In/5CL CK.SR1n r• t 1/7'at 1EARUCL-MA/ER yAN to'isms(4W,)0TAIAL17Lt i COURSE MK S-P) SU.CRADE,)' AO) i.e.ReOR tom)COMPACTED UMEROCM INTERIOR ROAD SECTION (40' R.O.W.), 5 ytDETrAL C TYPICAL /- —_`'- id#Brit par R/+u"E_,__ FOP W RIM, ....1.- f. �. r�[watiY T 10'U.E. 261 . GUM •L1 � >�R ,'�% RIM USE �R ¢ - - - 1 5 so'R.4M. . "„7,,,, ^r — \ �-•... .'MCC.C011pETE CO We•OMR(TYPICAL/ '�-�-- ' 3 CUL-DE-SAC DIMENSIONING a R REv1SED I1/2011 LOGAN BLVD. SECTION REMOVED& DEPICTED ON NEW Egli C-3 REMISED 17//011 CUL-DE-SAC DIMENSIONS AND IASC. 950 Encore Way THE PARKLANDS Naples FL 34110 ;.• - ,*,A, Phone: (2395 254-2000 Typical Internal Roadway Sections & Details a i If D @'=DU Florida i No.1772 EXHIBIT C-2 • Page 10 of 20 i( 20 10'.2C 1004'+,R1.T)!P1.JD Amcndnxnt\Pasn CCPC\(he Parkland.RPG"J 2010.1551(6.26-2012).4 c i 20'AN2HT-OF-IAAT TM PAINEANIX t OralIPMEACT MG ace 44 v01E3 40' s' a V s. ,r tzs`- ) I-m=4 i PAM ( • A/MAA.T) t 1 •"'V _ ___ MST.7121-ADC-7 "u/Ml-No 11 LER itaMV4.ANE 0--tlM2A1101i NAM IMMO No 2.; 4 r NA trio '., I. f.=. Y.l.._- 11, 0.11: .t,• CV Mt DI, . ow-of-v6r UMW 19 I VS +o'. Ir E Irt 1r, ,r _ I YULA-uu 1 I PATH (AsFALT) -- ( I I muTt _ - - j OW i e YWAa F.IG HMO rr NIODNNO LA aEAIAatD FOR INGOT—I D---aMiOATgN uAi1• n MO!E3'T IVAN 1lIYE!AT NAM ENITUWCE WOO YAat-/'" E I. .:!.t ..1 , 3o 1:.: • 1+ .o•,al. • 13:.7'. . D. C_..• 13 EQt tJt111 aQ Barr-Of-xAr SAttALIi E;i1T• g N r s'., 1r tvT NOM ¶r won Tr►w - C EJI• `TaAKl LAIK LAME ii i+�E LANE rI6 s-ueE I PAIN I ■RDtM WA KS n MST. Trr— uAx I s MT.ENAM I 4•wt i IAN /`�fy SETIACC FAL--I r $M AT TERAFINA FNTRANCF, 2 sat►uR or OY wort-0.-FAY ;t..1µ. ...-I.....4.. Et =nom II ' r I/IF •' 4r , rt F Y{.t1-UWE I I PAM I Mira. MATOI 9.1991.owe. cr woo 4'RCP e\ STOW `INITDATICO YAN 3a4 MUTH OF TERAFINA ENTRANCE TO SEC3) 4 1(/211 UNL h IN 02041-0E-WAY Q WQI YM.0 �1 MT WS Of r. •S i ' 12' IN I pr ODORS) I u =NON el j I ( f A • b Y we."AU. I _ € .PAM 1 •N P �-..,-- € i I EnST, - i r�- 6 1411�CE: .. �' �YNMN I 4 `Will `� t Oa D3'TMJ OF Rob scnoirk 5 U.1.--4r IKY STOW `-sewADE F,u. MO JY$JTY P1ACOANIT 918dECT TO OWN=ON POOL OESION. gcncN 16/21 UNE TO NORTH OF GIDE CYPRESS ENTRANCE 3 191A1311103 1uowIED rte =OM,NOT"VWA a HIM 930 Erman Way t Na Ira FL. 341 i0 THE PARKLANDS s Phan.: (39) 254-2000 LOGAN BOULEVARD NORTH SECTIONS . M4NdTES Florida Corttfloolo of i INNIOINAINWINFOS AuthoritafIlon No.1772 EXHIBIT C•3 Page 11 of 20 • j 11=-2010;2010047'RLDPl)D Amrndrnent■'eSI CCPC\The Parklands RPLA)2010-1551(6-26-2012).d x EXHIBIT D LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9,Township 48 South,Range 26 East,Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. 4110 • Page 12 of 20 H'2010 V010047 RUA' D Anicadmenaost CCP('rhe Parklands RPUD 2010-1551(6-26-2012).doc EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 11111 THE PARKLANDS RPUD Deviation No. I seeks relief from LDC Section 5.04.04,B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home(occupied or unoccupied)shall be issued initially for a period of three(3)years. The requested deviation is to allow the model homes to remain in effect up to ten (10) years without requiring a conditional use. 2. Deviation No. 2 seeks relief from LDC Section 5.04.0413.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPM. Each time the developer applies for a model building permit, he shall be required to inform the County how many model homes are in operation, 3. Deviation No.3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for Signs within Residential Districts, which allows on-premises signs within residential districts.Two ground signs with a maximum height of 8 feet or wall,residential entrance • or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single-family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C-1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. (See Deviation No. 5 for height. See Deviation No.4 for copy area), 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.13.6.h, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The requested deviation is to allow the two project entrance signs with a maximum area of 64 square feet per side and a total area of 128 square feet (both sides) and two boundary marker signs with a maximum area of 32 square feet per side and a total area of 64 square feet(both sides). Deviation No. 5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet, Page 13 of 20 2oinoloo47\RID\PUD Amendment\Post CCPCNThe Parklands RPUD 2010-1551(6-26-2012)doc 1 • The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. 6. Deviation No. 6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right-of-way. 7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or hack of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. 8. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet. within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties,or as otherwise provided within this Code. • The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. 9. Deviation No. 9 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 48 square feet in area. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B which require cul de sacs and local streets to have a minimum 60-foot-wide right-of-way. The requested deviation is to allow both 40-foot-wide and 50-foot-wide right-of-way widths for internal streets (See also Exhibit C-2). This does not apply to the internal main spine road which connects directly to Logan Boulevard North. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width(see also Exhibit C-2). This does not include the main spine road which connects directly to Logan Boulevard North. 11111 Page 14 of 20 II,2010\2010047\RIMIJO AmetdmentTost CCPC■The Parklands IOW 2010-1551(6-26-2012)duc 12. Deviation No. 12 seeks relief from LDC Section 6.06.01.0 and Appendix B. (Street System Requirements), which requires 4 travel lanes and median separator with a right- • of-way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60-foot-wide or 80-foot-wide right-of-way as depicted on Exhibit C-3. 13. Deviation No. 13 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements)which requires 6-foot-wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10-foot-wide or 12-foot-wide multi-use path on one side of Logan Boulevard North or a combination of an 8-foot-wide multi-use path and 5-foot-wide sidewalk as depicted on Exhibit C-3. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two-way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. 15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22-110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off-site excavated material in an amount in excess of ten percent(and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off-site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on-site and for the construction of Logan Boulevard North shall not require a traffic study. Page 15 of 20 • Fi"010,20100471RLO\PIM ArnendmentTost CCPC‘Me Parklands RPM 2010-1551(o-26-2012)cloc 4111 EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD I. GENERAL A. The Parklands DRI was approved prior to the adoption of the Collier County Growth Management Plan and continues to be vested for consistency and concurrency in accordance with Section 163,3167(5), Florida Statutes, and is exempt from any transportation related or other moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands development. B. The buildout of the project shall be governed by the dates set forth in the DRI Development Order or any amendments thereto. C. The developer shall obtain and utilize all available on site fill needed for the construction of Logan Boulevard North,The County shall administratively review and permit the lake excavations depicted on the RPUD master plan, and give consideration to deeper lakes(in accordance with SFWMD requirements) so as to maximize the amount of on-site fill that can be generated for the Logan Boulevard North so as to minimize hauling of imported fill for the project needs and Logan Boulevard North construction. 110 D. The developer shall commence construction of the community center/clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250"h dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. TRANSPORTATION A. Except as may be provided by written agreement with the County, the developer shall construct a two (2) lane road, known as Logan Boulevard North Phase 1, extending from the present terminus of Logan Boulevard North at the Olde Cypress development north to the first entrance to the Parklands. Phase 1 of Logan Boulevard North will be completed prior to the issuance of the first certificate of occupancy. The developer shall not be entitled to impact fee credits for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan Boulevard North extends from the first entrance to the Parklands north to Bonita Beach Road. The timing and terms for construction of Logan Boulevard North Phase 2 shall be as established in the Developers Contribution Agreement. B. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of a traffic signal at the main development entrance on Logan Boulevard North located within the Parklands RPUT) when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed S Page 16 of 20 H .2010.2C10047,RIVPUD Amendment■Post ccrr The Parklands RPM)Z(10-1551(6-26-2012).doc installation, inspection, burn-in period, and final approval the traffic signal (as defined by the applicable Developer Contribution Agreement), said traffic signal shall be conveyed to Collier County for ownership and maintenance. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the developer's obligation for the traffic signal shall end 12 months after the date of the last residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 65 l dwelling unit. This entrance shall not be signalized. Its location may differ from that shown on Exhibit C, the Master Plan, but it must comply with Access Management Policy in effect at the time. If only one entrance is provided on Logan Boulevard North (because less than 651 dwelling units are constructed), an entrance for emergency vehicles shall be provided as generally depicted on the RPUD Master Plan. The emergency entrance shall be constructed concurrently with the adjacent tract and internal roadway. E. No new or additional access points to Logan Boulevard North (in excess of that depicted on the RPUD Master Plan)shall be permitted. 3. UTILITIES A. The developer, its assigns or successors shall negotiate with the County for the use of treated sewage effluent within the project limits for irrigation purposes, subject to availability. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized and subject to availability of treated effluent. B. Connection to the County's off-site water and/or sewer facilities along CR 846 (Immokalee Road) will be made by the developer, its assigns or successors at no cost to the County after legal access is available. The cost of connection shall include, but shall not be limited to, all engineering design, and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, and water and/or sewer lines necessary to make the connection(s). The developer may share these expenses with other users, if applicable, or if the developer funds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect(on a proportionate basis)to the system. C. Detailed hydraulic design reports for the water distribution and wastewater collection and transmission systems to serve the project shall be submitted to the Public Utilities Division prior to or concurrent with submission of construction Page 17 of 20 • 14',2010‘201004TALDTUI)AmendmcniToil CCP(',Thr Pirklands RPM 2010-1551(6-26-2012)doe documents during subdivision or site development plan review for the project. Design of the utilities improvements shall include the following: 1. The developer shall grant a 15-foot-wide utility easement(at no cost to the County) in one of the western residential tracts from the internal roadway to the western project boundary abutting Quail West for a future interconnection of the water distribution mains. The developer shall choose the location of the easement. The County shall be responsible for the costs of the interconnection and for obtaining a utility easement in Quail West. II 2. The wastewater improvements will include extending the wastewater force main serving Olde Cypress and.Terafina along Logan Boulevard North as required to serve The Parklands. The developer will also provide a design acceptable to Public Utilities PPMD which is hydraulically compatible with the Olde Cypress and Terafina pumping stations. The Parklands collection system will be designed with one (sub)master pumping station connected to the extended force main and will consist of duplex variable frequency drive (VFD) submersible pumps meeting the requirements of Public Utilities PPMD. Should development patterns in the area or design standards change significantly prior to development of the Parklands, other design alternatives may be considered. 4. ENVIRONMENTAL • A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible. In this event, only structural buffers shall be required and shall he constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and approval by County Manager or his designee. (No structural buffers are to be permitted in preserve area). B. The project provides for 341.2 acres of preserve area as depicted on the RPUD Master Plan. Based on the environmental assessment, 131.6 acres of native vegetation exists on the site, therefore, only 32.9 acres was required to be preserved. C. One management plan for the entire project shall he submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 411 Page 18 of 20 11`.2010"@01004 7RLD'PUD AmcndmcntWPost CCPCYnu Parklands RPUD 1010.1551(6-26-2012)dos 5. SCHOOL • A. The developer, or its successors or assigns, agrees to donate to the Collier County School District, subject to school impact fee credits,a fifteen(15)acre school site in the location depicted on the RPUD Master Plan. The developer or his successors or assigns: Will convey the fee simple title for the school site to the School District prior to the commencement of construction, or within 90 days of request by the School District. 2. The site shall only be used for a public elementary school with access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. (See Section 5.A.1). No uses other than a public elementary school shall be allowed on the school site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. (See also Exhibit A, Section 5.A.1). If so waived, any of the principal and accessory residential uses permitted in the RPUD are also permitted on the school site. This restriction may be recorded in the public records and shall be included in the deed to the School District. 3. The Parklands water management system will accept the stormwater runoff from the school site and provide the necessary storage and • attenuation, The school site will provide water quality or pretreatment as required. 4. The School District will be responsible for the construction of all access improvements into the school site. 6. PUI) MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Parklands Associates I, LLLP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, with the exception of individual residential lots, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be Page 1.9 of 20 H-'20€0'201004rit1.UtPli1)Amendment 'ostCCPC`rhe Parklands RPUD 2010-1551(6.26.2012).doc • relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7. DEVELOPMENT OF REGIONAL IMPACT(DRI) A. The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order(DO)actions for this project as amended, • Page 20 of 20 ti 20 1 201 ' DtPUD AmendmentsPost CCPCITic Parklands RP UD 2010-1551(b-26-2012)doc S 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 2012-30 which was adopted by the Board of County Commissioners on the 24th day of July, 2012, during Regular Session. 411 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 2012 . DWIGHT E. BROCK Clerk of Courts To43,c1,Ark Ex-officio to:BOard-of County Commisaoioets , p - By: Martha Vergj .i Deputy Clerk 411 W i - ..ri_p_ N: ry a 5 9 3 Q tYi'Q a L 5 # y ^ t 1, O • YYYY'St Y VW Y Y Ka 111 - 4a is § 1 VS I e N g .tgagg n wx a Xg t�tIt 3 " a gri.r aw ..a Is s s�+sa n r ® � m i q^ i$ s! g 0 J ... Q .. ■. a 4` o 1� ri "i 44Y W a 4, - LW Migall111 '''' ;1 'i Y Y ,t �? :i -6- 60 'a eich ` ` 7 W N Z W 4+ ^a ia2 fa 11a gaga H.. W Z n W O Q ° W W T O • :,W3 3 " - :2 f 55' .o .e % goo z Y}K[:W7gggg� o b N n a m W -3 is G it so i15; I W gi-R '+nv • g ... a s ' S k yyo � Si W m a v+ (qwq� .S(a yr� V(.i n 4y�y �\ 5-511 )po�W f$� 1 R 9 f N ] Q Q U i O P iI ;R3 a? at_ O �' UkaY N.1M A71 Old 10SVIHVg iiiii1 U ITF C W -....a 0 ∎ g W,: y p� } u ;r. w 4 w 2 N m m g v m =ai 2 $ 31 ast'. i 4 _ a1 'if'.W Y f a wv i W Ili a >t \\ W.— wi p K O \ 6 F� 4 J r� /� = - % J I W a K ir/ 0 K K Lk r - o 8 'I p Oils al a 8 :. ill all - a : V:. rAp •P4 ! 8 a gs au awn 7Nnl f■ ...�.......r ..r...�.rr«r.rw...ra+. 4, °' offer co COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES. FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (2391 252-5724 WWW.COLUERGOV.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- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months 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) ❑ Camival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) El FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) • ❑ PSP(P-eliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ® PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) 1:Peroelumber: Section 9. Township 48 South. Range 26 East. Collier County FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) Parklands RPUD. 00177600003/00177810000/00177600100/Ord. 12-30 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) Naples FL 34119, FL • 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 unplatted properties) PROPOSED PROJECT NAME(if applicable) Same Parklands RPUD PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP N.A. or AR or PL# Lim e-r C oi. nt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION? NAPLES, FLORIDA 34104 PLANNING AND REGULATION 1239) 252-2400 FAX (2391 252-5728 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in,condominium documents(if application, indicate whether proposed or existing) Parklands RPUD/DRI. Parklands RPUD Ordinance 12-30. Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Robert L. Duane & Associates Representing: G.L.Homes PHONE 239-353-4167 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) /4,OtiJi, _- Folio Number 10 17 ( Folio Number er° t f 1 kr cJ1 Folio Number .-_.. ;, .; Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ler t j 1 ,44 MI , • o i ili) 1 r • .4 ��i4.. ,d,s. ) 1,„ 4 , ,,, t,„. 1 - ,, .s.,............,4%,,, t .4.,„..4„,. „ ._ .. . , „.,,,„... .,:-.1'.4.4 At'. ---2,.........,-........t.',..r .,,,,,, cir—ZY:VT„ -:4 .4,. .` . . . - „ 1 ;1..•Y ,,`� + ,r ►r .!*.! fir` }a r a s re ! ! t ''. ... %., -..4 .7t. r 'Is 1-#.. tIll,fs.J.tv,.. . %A:4:v:.-1.)-t"41'-#1 ' , , I • 4. • . , a'/ a t i �A a.• r S ` 1 + 4 � t y yam! 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A .• wr r { J 1` +y It r _ /"\ ',y _ r t kR .'+y a • p t f ' q-� lot s.P `'.42. • 41111" ".r.:,•I, .a. 4. 11114,- ,, , ,1 An- 1f w AGENDA ITEM 4-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: AUGUST 14, 2014 SUBJECT: PETITION VA-PL20140000891, 1185 POMPEI LANE PROPERTY OWNER/AGENT: David Burke 1185 Pompei Lane Naples, Fl 34103 REQUESTED ACTION: To have the Collier County Hearing Examiner consider an application for a variance from Land Development Code (LDC) Section 4.02.03. The Variance being requested is to reduce the rear yard accessory structure setback line from 10 feet to 7 feet, and from LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on the west side of the property, to allow for construction of a proposed pool and tiki hut. GEOGRAPHIC LOCATION: The subject property is located at 1185 Pompei Lane, at Sorrento Gardens Unit No. 3, Block H, Lot 8 in Section 15, Township 49 South, Range 25 East, Collier County, Florida. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to install a new pool and a new tiki hut in the rear yard of the subject property. The proposed swimming pool is 14 feet by 28 feet and the proposed tiki hut is 15 feet by 15 feet. According to information submitted by the property owner, there is a need to have sufficient space between the residence and swimming pool to allow safe passage for elderly parents. VA-PL20140000891, 1185 POMPEI LANE VARIANCE JULY 21,2014 Page 1 of 6 r (lcS'w) 0Y08 MN a-31131000D 4 - - - 2 2 ! R a'A A b 0 R A R R .41 = amp vN0tl00 - - - - now vaawNw isv3 11©0 es so , � z s � � = _ _ �� = MOO � E� � . �p 1011 �S O4 lee�X _ 11111.4111034223',.%.. ! oe! o ti e© ri, oA.y.r,oD��31v o'e Q f -.° ---() : Eli iiiNirly"" i vcdr,a . jotatittli 2 .4teSe#411#11 i 4te,,, Moe rtv R r e ; c-iti .. - _ _ _ — cm miiieg is Sri* - Z $ !M 1 I V a 2 2 E a 310tl10 VUOWNly 1531 �� Jg�` he 6 • _ a ®Pee 317tlq vSEIRVI 1S34,1_ ! __ -- _- I! =1= _ k� ,_ JR F A A-«A R A R R R �i I I - _ s. . It-'Sfl W21 llv2Wl S31dvN d0 Alt) '0I NI —I Tr al ION Cl. y 42 —_ I z ei i / ts-1 — r __ _ r ll il 8 7- _ ,Q -' Ili :vea�,un�a iaodmr ` aroe,�»riina iwdar _x 1 Iii 111 ' $ gJ 1 1 I i :S ril - !,7 _ 0 = !i 1 0-i i =lila . r_ Ft ill a+na rrrry:-li _ 44 i OM 0,011 Dumas ars, I ill ri r, _ o -� — �cl orce rvr ��vxx,� « x II I 1-'"\-- !h P I—, O ‘ t,'S�� 1Wi i1MNr1 y.— U il-710mgoisoni • 3 ii. _ __ ¢o li GULF OF MEXICO The proposed swimming pool and proposed tiki hut protrude 3 feet into the required 10-foot rear yard setback. The proposed tike hut would also protrude 4.5 feet into the required 7.5-foot side yard setback. A Variance is sought to allow the proposed swimming pool and tiki hut to be located 7 feet from the rear yard property line and to allow the proposed tiki hut to be located 3 feet from the side yard property line. The Survey Sketch dated May 9, 2014 and prepared by F.L.A. Surveys Corp. illustrates the location of the proposed swimming pool and tiki hut. (See attachment.) According to information provided by the applicant, there is an existing 6-foot high opaque fence to the east and a proposed 6-foot height fence to the north and west. SURROUNDING LAND USE & ZONING: SUBJEC"l' PARCEL: A single-family residence, with a zoning designation of RSF-4 North: Single-family residence, with a zoning designation of RSF-4 East: Single-family residence, with a zoning designation of RSF-4 South: Pompei Lane, and then a single-family residence, with a zoning designation of RSF-4 West: Single-family residence, with a zoning designation of RSF-4 1604 , ra. _ a w ■ 4IV'' -"" -. .• Sig . A4 4**': ' .'it" .�-v11.'t 1a'_.._1• w .. • T x . i .r . A• • r ■ fr Y f t AERIAL VA-PL20140000891. 1185 POMPEI LANE VARIANCE JULY 21,2014 Page 3 of 6 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation,therefore,the single-family home use is consistent with the FLUM. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land,structure or building involved? Yes. According to information provided by the applicant, the rear yard has limited space due to the location of the residence on the lot. Furthermore, due to health, safety and welfare reasons, the applicant wishes to provide an 8 foot wide space between the swimming pool and the residence to allow for a safe space for his elderly parents to traverse. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The existing dwelling was constructed by the previous owner. Also, the rear yard has limited space due to the location of the residence on the lot. Furthermore, due to health, safety and welfare reasons, the applicant wishes to provide an 8 foot wide space between the swimming pool and the residence to allow safe passage for his elderly parents. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If the applicant were to maintain the required rear yard and side yard setbacks, he could not maintain a safe distance between the proposed swimming pool and residence. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? VA-PL20140000891, 1185 POMPEI LANE VARIANCE JULY 21,2014 Page4of6 Yes. The proposed swimming pool is of a reasonable size while still allowing for safe access around the swimming pool. The tiki hut could be positioned or reduced in size so that it does not encroach upon the rear and side yard setbacks. (Note: LDC section 4.02.01 D.10 allows up to 3 feet of the tiki hut roof/eave to overhang into the side and rear yard setbacks.) e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district? No. Most other neighboring properties have swimming pools. This property owner is seeking the same. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the granting of this Variance for the reduced rear yard setback for the swimming pool will be harmonious with the LDC and there will be no injury to the neighborhood. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The rear yard swimming pool and tike hut area will be enclosed by an existing. opaque 6-foot high fence along the east property line and a proposed, opaque 6-foot high fence along the north and west property lines. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL-20140000891, revised on July X, 2014. —SS RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following for Petition VA-PL-20140000891, 1185 Pompei Lane Variance: A reduced rear yard accessory structure setback line from 10 feet to 7 feet for the swimming pool only. VA-PL20140000891, 1185 POMPEI LANE VARIANCE JULY 21,2014 Page 5 of 6 PREPARED BY: NANCY G S LAO AICP, PRINCIPAL PLANNER DA E DEPARTMENT OF ' ANNING AND ZONING REVIEWED BY: • . LI 7 rc- /4- RAYMSe I V. BELLOWS, ZONING MANAGER DATE DEPAR ENT OF PLANNING AND ZONING 7<:/- ,7;v77 / MICHAEL BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment: A. Survey Sketch VA-PL20140000891, 1185 POMPEI LANE VARIANCE JULY 15,2014 Page 6 of 6 SURVEY SKETCH OF SPECIFIC PURPOSE SURVEY COPYRIGHT 2013, F.L.A. SURVEYS CORP. I SKETCH OF PROPOSED IMPROVEMENTS PAGE 1 OF 2 NOTES SEE REVERSE SIDE FOR PAGE 2 OF 2 BOUNDARY INFORMATION AND OTHER THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP. IMPROVEMENTS SHOWN WERE TAKEN THE SPECIFIC PURPOSE OF THIS SURVEY FROM BOUNDARY SURVEY BY THIS IS TO SHOW PROPOSED IMPROVEMENTS 17N FIRM DATED 11/22/2013. THE SURVEY OF A PROPERTY PREVIOUSLY NOT FOR FENCE CONSTRUCTION SURVEYED BY THIS FIRM. PROVIDED BY CLIENT NOT FOR CONSTRUCTION 10.0"REAR YARD STREET ADDRESS, NOT FOR DESIGN FIR 5/8' ACCESSORY 1185 POMPEI LANE FIR 5/8' N.89•47'00'E. 75.00' (P) NO ID STRUCTURE NAPLES, FLORIDA O.TSW SETBACK LINE MLB 4273 N.89'51'29'E. 74.93' (C) PLAT BOUNDARY 1.5' 4' CLF 0.0' ,. R££ ON TVR 7,y 5' _7 • - '- GTE�p•�-'4;--CORNER PROPOSED 28' PROPOSED 15'X !€� 1!'0''^0'4' X 14'POOL N 15' WOOD DECK I"---- . o _ , WITH TIKI HUT &0' K- 179' - 1 X7.5'SIDE YARD � , �'� 28.0 ( `L., LOT 9 SETBACK LINE W �l! E 7.5'SIDE YARD 1 8'1 I ';a BLOCK H i 8,SETBACK LINE 78'Z. C7 SINGLE STORY -hL-�' SCALE I"= 30' °o o RESIDENCE o 0 LOT OCK H O-' n 41185 00 0 m s— O-. t 3 �� A/C �, Qo _ 8.1' 37.6' ._ O r. 0 U o y" 5 4 21.4' 1 Cr L .-W LOT 8 I 1y O)Z BLOCK H C4 O 3 0' a ti 0 a FIR 5/8' CONE 0 0 a N N MLB 4273 DRIVE I FIR 5/8' - FIGHT OF WAYS *LB 4273 (O O(V S.89'50'36'W, 7503' (M) N.89'47'00'E, (RO.B.) FIR 5/8' CL ,S W I' S.89'47'00'W. 7500' (P) I 620.00' (P) 619.49' (M) NO ID > 0 0 CODE OF PAVEMENT 3 f0 i \3C10' I III CENTERLINE\ , POMPEI LANE 60' ROW .(i-N RT�/CA G 7f' � 9839 P LEGAL DESCRIPTION : b 6P LOT 8, BLOCK H, SORRENTO GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CURRENT SETBACK LINES (SBL) SHOWN WERE PROVIDED BY CHRISTINE WILLOUGHBY OF THE CERTIFIED TO : COLLIER COUNTY PLANNING DEPARTMENT AND DAVID BURKE AND DENNIS G. GORMAN MUST BE VERIFIED PRIOR TO DESIGN OR CONSTRUCTION. QUALITY CONTROL 10' REAR ACCESSORY STRUCTURE SBL DYSARDO Z.5' SIDE SBL BY : •DATE _ 5/09/2014 _ I CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN = CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. o 7 IS 30 60 C GRAPHIC SCALE ERTIFICATION I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE. NOTE, ��74 �__ J IN COMPLIANCE WITH F.A.C. BY / �LVW SURVEY DATE 5/09/2014 5J-17.052 (2) (d) (4) (IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, CLINTON W. FINST PE, CFM, PIS #2453 LELAND F. DySARD, PIS #3859 OTHER THAN THOSE ON RECORD PLAT, IS MARY E. FINSTAD, CFM, PSM #5901 REQUIRED, THIS INFORMATION MUST BE NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL FURNISHED TO THE SURVEYOR AND MAPPER. NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE IF APPLICABLE, FENCES SHOWN MEANDER FLORIDA STATUTE 51-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION ON OR OFF LINES. (APPROX. LOCATION ONLY) NOTE PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. 3884 PROGRESS AVE., SUITE 104 REVISIONS NAPLES, FL 34104 F.L.A. SURVEYS CORP. 239-403-1600 FAX 403-8600 PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 239-250-2792 239-825-8504 9220 BONITA BEACH ROAD, STE 200 PROJECT NO: DRAWN BY: LFD PARTY CHIEF: VA BONITA SPRINGS, FL 34135 14-85119 4 • Addressing Checklist • • Cot er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMEN1 DIVISION: NAPLES. F L ORIDA 34104 PLANNING AND REGULA t;t}r. (2391262.2400 I-AX (2391 25:- 7 4 WWW.00A—IEKGOV.NET DRESSING 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- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months 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) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ` ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL (Plans& Plat Review) (Variance) . ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal& Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) s 7 S FOLIO(Property ID)NUMBER(s)of above (attach to, or associate with, legal description if more than one) .$ C o J 7a 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 unplatted properties) PROPOSED PROJECT Ni3cvlE (if applicable) uI(ctE- J-o c '� 1/Kr i4/1)-7 PROPOSED STREET NAMES (if applicable) /as oc ° / SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) • SDP - or AR or PL# ki • CGLLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES. FLORIDA 34104 PLAiINIikG AND REGULATION (239) 252,2400 FAx (239)252.-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back 0 Personally Picked Up r)APPLICANT NAME: 40l0 SrrF-`Q PHONE a3' - 76C Y -,2813, I FAX Signature on Addressing Checklist does not constitute Project and/or Street Name approval • and is subject to further review by the Operations Department. i FOR STAFF USE ONLY FLN Number(Primary) 39 1 o Z% 0 C>C) `c Folio Number Folio Number Folio Number fri Approved by: L1GC-►'‘-► r177-45-7(Q '`" Date: 1 4--- 1 /- Updated by: Date: IF OLOE:R hhAW E MONTHS, FORM MUST BE UPDA i E.D OR NEW FORM SUBMITTED • 9jr9untY COLUER 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 31.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 $t Or- COPIES NOT REQUIRED Ni Completed Application(download current form from County website) J Pre-Application Meeting Notes 1 q Project Narrative ❑ f Completed Addressing Checklist 1 Conceptual Site Plan 24"x 36"and one 8 X"x 11"copy ❑ Survey of property showing the encroachment(measured in feet) 2 J Affidavit of Authorization signed and notarized 2 V Deeds/Legal's 3 426666110141481,- 1 Aerial photographs(taken within the previous 12 months min.scaled 5 ❑ ❑ 1°=200'),showing FLUCCS Codes,Legend,and project boundary • .=.L . :..W - 3 El 8 ' Once the first set of review comments ore posted,provide the assigned 1 ❑ ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *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. • 2/7/2014 Page 5 of 7 • • Project Narrative • • 1 1 8 p • i The variance we are applying for is for a 7 foot setback from the property line(currently there is a 10ft set back) we are asking for your approval in order to build our pool (1411 x 28ft)and Tiki Hut • (15ft x 15ft)_ We would like to build the pool 8 feet away from the home to create an open and safe walkway between the home and the pool. We will not have a concrete deck around the back yard, instead we would be placing a decking material and grass to create a Key West feeling. Pool concepts are attached. We look forward to working with you and hope you grant our variance. Best Regards David Burke • ► houzz •II Rooms!Outdoor Photos/Pool Photos In Rockc1if Residence LandWest Design Group f v 4n i""� Landscape Architects&Designers lit3 .,L s:l i MI 01111111!111101 i. •mil.,' �' 4' '._ •+ •n�;$ is '< • . A .tee )le „r, • r. .%.''.t.• &S... • "~till r .+t v •, .. ► ^ Pi"' tr" .Ft I' �r . •„�, People who liked thts photo also liked ...., . , . , , .. r w. , ,,,_,, ,_ Manhattan•. LskeG111 Rockctiff Residence URL ht tpJ/landwestdg.com/portfolio/protects/rockclfl-resldence/ i • M Ira dor Beckya rd patio and steps .w: ti { kill Country Ranch Pasadena Showcase 2012 **— 4-4' ---.4aer_,...--;.. ...."` ,*::".',.:,,17.; III Rob Roy Portfolio 13930 contemporary pool photos •-1.'. , ; t 4.9 ••• g ;•:- •aI.■a • . a t:* i '' ''' •Igt „tkr 1■ ''. i• J 7 aa:,1?",;', 'y . • •• .1 : N ti • ' •''" '.**x 4it‘k a .1,11%.7 .' 7 ' .t, 1_.. •• iti....pit i • .. p • .A. .,....„ , .1 ,,,,. , a 4.4 r,.7 • ...,,,,: .. _ ... .,,, ... ., '• 1.:/ ' ",', . ....**-1."'. ti,1..%4 '4*.i:\-- • : 7-0 4 .1.,. i ..\\. .• t ','4: ' ,, , .-1, - • - ' tr. --4; i• '.1'.' k Nrit V, It . ).•' ‘ I. l'' '4' * "4 or ./%'. r if, • '' . i 4 ,... • t . • . ? 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Assigned Planner: L., A /t //1 i Project Name: VCLV1(1)jl '( UMei • f ProiedAddr/Location: ,� �� -I PL. 341-iO3 , � ,.-� Applicant Name: P�. I i • . Phone: #I .tA► Firm: WA Current Zoning: RS Owner Name: DIYVvt • Owner Address: � � l� �� - �� r � Phone: Meeting Attendees: (attach Sign In Sheet) .- • NOTES: 3 oDA f Li' Co. CL , r G I CJVC.1TD t'rj+la/- (Mt i‘4. ,r ` 410, . • • G:ICDES Planning Services\Current\Pre-Application Forms 20111Pre-app Forms-JUNE 20111VA-Variance Pre-Application June 2011.doc revised: 8/5/02,rev.5/26/10 • Deeds and Legal • ............. INSTR 4923527 OR 4991 PG 3272 RECORDED 12/12/2013 12:44 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $2,191.00 REC $27.00 INDX $2.00 ® CONS 5313,000.00 Prepared by and return t0: John D,Hurnphreviile Attorney at Law Salvatore,Wood,Bucker,Carmichael&Lottes 9132 Strada Place Fourth Floor Naples,FL 34108 239-552-4100 Consideration:$313,000.00 (Space Above This Line For Recording Dual Warranty Deed This Warranty Deed made this bth day of D t tween Heidi B. Strong, Morgan A. Strong and Jackson Macintosh Strong,Individually and ash _:,, T it the Heidi B.Strong Family Trust under date of July 7,1995 whose post office address is Ma 1u' 51,grantor,and David Burke and Dennis G.C.Gorman,as joint tenants with rig vivorship,whose po ,$odeddress is 1185 Pompei Lane,Naples,FL 34103,grantee: /l _ 1J le (Whenever used herein the terms'grantor*an include lee w t instrurneht end the heirs,legal reptescmatives,and assigns or • indwlduals,and the suettason and assigns of e •'• ,� { I J� 41 the I +. ' Witnesseth,that said grantor,for an. •j�I. `thin f s n of Al /100 DOLLARS($10.00)and other good and valuable considerations to stink . i h : tr a 'pt whereof is hereby acknowledged, has granted,bargained,and sold to the tee,and grantee's d as, rjp forever,the following described land, situate,lying and being in Collier Conntl lclda to-wit: .N ,!� �. . l)/ Lot 8, Block II,SORRENTO G� according to jereo1~recorded in Plat Book 6, page 38,of the Public Records of Co}j 1%,, Parcel Identification Number:73930280008 Grantor warrants that at the time of this conveyance,the subject property is not the homestead of any of the successor co-trustees named above within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent toDecember 31,2013. THIS SPACE LEFT BLANK INTENTIONALLY SEE NEXT PAGE FOR SIGNATURES • 0oublettmee OR 4991 PG 3273 • In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,a-: d livered In r presence: Ii � . /4 — Wneu ��- w,�o Heidi B.Stroh and as /Co-Tru'stee Name: �- t?.\� t�t�Sb� g+ Y s �� Witness Naxfla _s _.:,,.. w State of Florida County of aK; The foregoing instrument was acknowledged be , R$is; , 0 t: ' e a ,2013 by Heidi B. Strong, Individually and as Successor Co-Trustee o.422, •t =g ...n •• date of July 7, 1995, who U is personally known or[X3 has produced a. 'V• se as identification: t,,, ` • [Notary Seat] / 1/14-4''ti^ -�Notaxy 'ubne ` `� �.-� r � i GORDON FIG, 1 ; y , t o "- 1✓.a,t to `'< ••• MY COMMtSSIOPPi#a.• 15 • S / lc 1 t•. "t, EXPIRES Merat +' ■ =—-�' rl � ,cpi�as. cm wnr 7 q t,e 1'f oriiselss u. , J tr• f ! f \ / 4% Ir W` ess Name: F .,v�t�\ . Co i ?M ht.tvidually and as Successor Co-TYustee te,a • Ah.1:11....: Witness Name: on State of Florida County of•Eolkier erc.n ht's The foregoing instrument was acknowledged before me ibis'IAoday of i) dot ,2013 by Morgan A.Strong, Individually and as Successor Co-Trustee of the Heidi B. Strong Family t under date of July 7, 1995, who U is personally known or[X)has produced a driver's license as identification. , r., [Notary Seal) : CORDON Notary Public : %`e MY CaMAISSOW t t EER EE8 71515 -4:t7 EXPIRES March 24.2011 Printed Name: 61'6-h•- C'1‘¢) tlbfILL,s1 MIAholrrraM�.•v My Commission Expires: M num. l I, 4,4-1 III 1 I Worm y Dttd•Parr 2 DaubteYtmax *** OR 4991 PG 3274 *** A', A_AI Wks... Witness Nome: a'Mi t Macintosh ,, ,. ,. a end /A., Li Mate tyof-415811\ Camrty }kt. The faregoingioaarnmmt wee ackeowledgoi before me this day of 2013 by Jackson Maclreoeb Tong,bdividaalty and as Sum mar Co-T}est a of the Heidi B.Strong Family Thee under date of July 7,1995,who U is personalty known of[Xj has pmd ucad a driver's license es _,*,,,�.031., �/j�a,..�,. [NAY fV�'' o 9/ � / 1f � r , � ��a i �._ rHffiaa s1 a 1i i • lt s � n'e : I —61/ \<.*.:= 7 ..,.."--ArSorkm*pirls: I . 1 1.1 ; : S 4) -411 t ,.,+ 12 °'fray 0e ;& ∎. ,`%,2,i 1. II—. f�Coscads of \;. CI h W ttouat.Ttn+c• - 3 • Application • I -..c... i Gt}��l fer qty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collier¢ov.net (239)252-2400 FAX:(239)2S2-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District WC section 9.04.00&Code of laws section 243—2-90 Chapter 3 J.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED IAPPt KANT CONTACT INFORMATION I Name of Applicant(s): David Burke Address: 1185 Pompei Lane City: Naples State: FL ZIP: 34103 Telephone: Cell: 239-784-2831 Fax: • E-Mail Address: david@teamparadise.com Name of Agent: Owner Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: L B. AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE.WITH THESE REGULATIONS. • 2/7/2014 Page 1 of 7 1 . • $ CoisntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ■ PROPERTY INFORMATION I Provide a detailed legal description of the property covered by the application: (if space Is inadequate,attach on separate page) Property I.D.Number: 73930280008 Section/Township/Range: / / Subdivision: Sorrento Gardens Unit: Lot: 8 Block: H Metes&Bounds Description: Total Acreage: 185 Address/General Location of Subject Property: 1185 Pompei Lane Naples,Florida 34103 ADJACENT ZONING AND LAND LSE Zoning Land Use • N Residential S Residential E Residential W Residential Minimum Yard Requirements for Subject Property: Front: 25 Corner Lot: Yes ❑ No ❑ Side: 7.5 Waterfront Lot: Yes ❑ No ❑ Rear: 25 Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s)immediately. • 6/4/2014 Page 2 of 6 • r Co er- County COLLIER COUNTY GOVERNMENT 2100 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)2524355 ASSOCIATIONS Complete the following for all registered Association(s)that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htto://www.colliergov.net/Index.asox?page=774. Name of Homeowner Association: AVA Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: • Name of Homeowner Association: Mailing Address: City: ,State: ZIP: NATURE OF P'E'rflitOoll On a separate sheet,attached to the application,please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e.reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s)if possible); why encroachment Is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building Involved. • 2/7/2014 Page 3 of 7 • Ci It r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES.FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. 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? Yes®No If yes,please provide copies. • 2/7/2014 Page 4 of 7 • co�C County ,_.,, ^s+'.4...:,>.-..•.-.r., COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-5358 I SUBMITTAL REQUIREMENTS CHECKUST l See Chapter 3 J. 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. tip'; *:t ,w.,a,i n:V t r 0' \- *Oil toirlt 5 IttiltJMRIED R*TJOIR[t' Completed Application(download current form from County website) 0 Pre-Application Meeting Notes 1 Project Narrative 0 T3-1 Completed Addressing Checklist 1 u ❑ Conceptual Site Plan 24"x 36"and one 815"x 11"copy ® a ❑ Survey of property showing the encroachment(measured in feet) 2 _❑ ❑ Affidavit of Authorization signed and notarized 2 ❑ _ x Deeds/Legal's 3 CO Location map 1 ❑ _* Aerial photographs(taken within the previous 12 months min.scaled S ❑ 1"=200'),showing FLUCCS Codes,Legend,and project boundary • -- Historical Survey or waiver request 1 x Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted,provide the assigned 1 ❑ ❑ ,planner the Property Owner Advisory Letter and Certification Y_ — Electronic copy of all documents and plans *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 ail materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. ■ • 1 2/7/2014 Page 5 of 7 • Co er County COWER COUNTY GOVERNMENT 2s00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 FEE REQUIREMENTS Li Pre-application meeting:$500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee U Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 1 After The Fact Zoning/Land Use Petitions:2x the normal petition fee [1 Environmental Data Review:$2,500.00 U Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center • 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date David Burke Printed Name • 2/7/2014 Page 6 of 7 9rCojntY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(2.39)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, David Burke _(print name),as Owner of Residence (title,if applicable)of NI A (company,If a licable),swear or affirm under oath,that tam the(choose one)owner Q appiicantEjcontract purchaser jand that: 1. 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. We/I authorize N IA to act as our/my representative in any matters regarding this petition including 1 through 2 above. "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(LL.C.)or Limited Company (L.C.), then the documents should typically be signed by the Company's Managing Member." • if the applicant is o 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. Zitatity2aLti STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 05/21/2014 (date) by (name of person providing oath or affirmation), as David Burke who is personally known to me or who has produced O'Neil License (type of identification)as identification. STAMP/SEAL '� lUi1FIAtlBIYCH * , MY OOWa e. /FF WIIEib Signature of Notary Pub $ EXPIRES: i5, � ) , \\ c�v to*:.t Cnee COA-i1siss 2/7/2014 Page 7 of 7 • Owner Advisory Letter • and Certification • • Nature of Petition 1. We are requesting a variance for our back yard in order to install a new pool and Tiki Hut. The current yard does not have any existing structures or grass. The pool would be a 14ft (width) 28ft(Length)and the Tiki Hut would be a 15ft x 15ft area for sitting and shade because our home does not have a lanai area. Current set back from the property Tine is 10 ft. (we are requesting 3ft access into the setback area from the back of the yard)the side setbacks would not encroach into the pool area.The Tiki Hut would also have the same 10ft setback and we would ask for the same 3ft access into the 10 ft. easement,Side setbacks are currently 7.5ft and we would request a 3ft variance into that setback for the Tiki Hut. 2. No dredging or filling would be necessary,just the dirt take out for the pool installation. 3. Criteria a) Due to the location of the home on the lot, we are trying to make the best use of the existing backyard area. b) I don't believe there any preexisting conditions c) Not sure how to answer this question • d) We would like 5ft for the variance, however we do understand that this is just a request and we didn't want to be over zealous.When the pool is constructed and Tiki Hut in place we will be able to safely walk around the pool area and enjoy our back yard. e) No special privilege in our opinion,because there are several pools and structures well within the setbacks of other back yards. f) This home is located in a residential neighborhood and would be conducive to the surrounding properties.. g) No natural conditions would be affected.The home is surrounded by other single family residences. h) Yes. • • AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. giwill111110 (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 19th day of May,2014 by David Burke,who is personally known to me or who has produced a Drivers License as identification. '"" WAIN Nam ■ •4 • antMANSION*Ff Clll$ Ma is 101$ 4,001 iNad IWprey looks (Signature of Notary Public) (Notary Seal) Printed Name of Notary • • 05/19/2014 Leon Mc Caskey 1212 Lastrada Lane Naples, Florida 34103 Dear Property Owner: Please be advised that the sender has made a format application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 1185 Pompei Lane Naples, Florida 34103 It is our intent to ask the County to allow us to install a swimming pool and Tiki Hut on the aforementioned property. In order to provide you an opportunity to become fully aware • of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, David Burke - 1185 Pompei Lane Naples, Florida 34103 239-784-2831 david@teamparadise.com • 05/19/2014 Erik Schmid 220 Soil St Naples, Florida 34109 Dear Property Owner: Please b2 advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations 25 they apply to the following described property: 1185 Pompei Lane Naples, Florida 34103 It is our intent to ask the County to allow us-.o install a swimming pool and tiki hut on the aforementioned property. In order to provide you an opportunity to become fully aware • of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender fo4 further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property Interest. Sincerely, ,"")-r5 David Burke 1105 Pompei Lane Naples, Florida 34103 239-784-2831 david@teamparadise.com • • 05/19/2014 Leon Mc Caskey 1200 Lastrada Lane Naples, Florida 34103 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 1185 Pompei Lane Naples, Florida 34103 It is our intent to ask the County to allow us to install a swimming pool and Tiki Hut on the aforementioned property. In order to provide you an opportunity to become fully aware • of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, _ , ___jr:p4.____ ...._...i ---------,.____, David Burke ________ _______ 1185 Pompei Lane Naples, Florida 34103 239-784-2831 david@teamparadise.com 0 • 05/19/2014 Mary M Marchal 1157 Pompei Lane Naples,Florida 34103 Dear Property Owner: Please be advised that the sender has made a formal application to Collie: County for a variance from the requirements of the zoning regulations as they apply to the following described property: 1185 Pompei Lane Naples,Florida 34103 It is our intent to ask the County to allow us to install a swimming pool and tiki hut on the aforementioned property. In order to provide you are opportunity to become fully aware • of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in rssuring you that our request should not adversely affect your property interest, Sincerely, David Burke 1185 Pompei Lane Maples,Florida 34103 239-784-2831 david@teamparadise.com • • • Conceptual Site Plan & Survey • • .-... a �. —. a m {Fye W � Fi W Z . 6§" Y Z Q: Y "�z :60 6 t.- S a7 H O ✓ Kpq Q�[[ 1,� C< �O�N W ti-§a uJ E. 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Q We § y& �<'Th �� U�1 > Q. a°� nl '�.l °tl !�� 1 ANN n<zn �� if til •• °9z 'act } �� 3 Eli ' '��Zs- ? o WiZ -�+-�- 1 2SJ O 0.y ...h^ Q�' Ory n b --- ---1-_ of.-� i I a:@. z�I u w-sa , „, (a O 3 L �� °S� 1w.aneor 3�rcn.aor+ ingq �Om4� aN,l i �sq �*. 4i� 8a . 1-- c _ `t,: i i t kw rp- ' n� r=° o 's iukao .-;'a r'- C,I O N q fr% b ; c a & ° I�1 HH UilUh1 ._ 1•.!' x:° • • Aerial Photographs • • • R 4.4 lit'' t I , .# 0 1 1 s ;, vi'''''., Z r Air ,. ♦ ► k ...x R ., is . . ._, .. 9, .. • ._ „,..: ,.... . 1.. I Illi' . , Nip �� Tj 4 . . . ... ,. ),, • ...„ ,...„.. . .,.. , ,... t M r a ' R '4''_ r`; A ‘,1 4 ,,tript , . -. ifr , a.ir -4. . t. ,wt. .... of,,,,,,, t., ; ,.,. r Ifoi. ,q '114i16 .... • E i , 7. k Affidavit of Authorization w • C Of t T County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX;(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, David Burka (print name),as Owner of Residence (title,if applicable)of N/A (company,If applicable),swear or affirm v under oath,that I am the(choose one)owner t applicant=contract purchaserLjand that: 1. 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. We/I authorize N r A to act as our/my representative in any matters regarding this petition induding 1 through 2 above. • "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." R 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. • U.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. SI e a(-6217/c2LV STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 05r21r2014 (date) by (name of person providing oath or affirmation), as David Burka who is personally known to me or who has produced Drivers license (type of identification)as identification. #I WWW*WJBRlCH - STAMP/SEAL er Aiy COIIRlSSOPU FF 07$76 Signature of Notary PubU "uzf'* EXPIRES:Apfi15,2018 \ 1 , 1\ �.., t."4- Iowa nAl tons Putty Soto CP10$.COA-00115■55 2/7/2014 Page 7 of 7 AGENDA ITEM 4-D Collier County STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT HEARING DATE: AUGUST 14,2014 SUBJECT: DR-PL20130002648 LCEC BELLE MEADE SUBSTATION SITE PLAN WITH DEVIATIONS PROPERTY OWNER/AGENT: OWNER: AGENT: Lee County Electric Cooperative, Inc. Jared R. Brown, P.E. 8980 Bayline Drive Johnson Engineering, Inc. North Fort Myers, FL 33017 2350 Sanford Court Naples, FL 34112 REQUESTED ACTION: The applicant requests a reduction in the dimensional standard of minimum lot acreage. a reduction in the dimensional standard of side-yard setback. and a reduction in the minimum buffer requirement for the subject lot. The lot is a 5.4-acre lot, zoned Rural Agricultural (A). The applicant wishes to split the lot in order to facilitate the separation of operations to include both Lee County Electric Cooperative(LCEC) and Florida Power& Light (FPL). The proposed lot split would create two nonconforming lots (2.55 acres and 2.85 acres) from the current conforming lot (5.4 acres); therefore, a deviation in the minimum lot size (5 acres in the A zoning district) is requested. The proposed lot split would create an East Parcel and a West Parcel. An existing building on the West Parcel is 18.4 feet from the proposed property line that forms the new side yard. Since the required side yard in the A district is 30 feet, a deviation from this dimensional standard is requested. The Land Development Code (LDC) requires a 10-foot landscape buffer for A zoned property abutting commercially zoned property. Since the proposed East Parcel abuts a parcel zoned C-5, and no buffer exists,a deviation is requested. Site Plan with Deviations DR-PL20130002648 Page 1 of 7 LCEC Belle Meade Substation 1 I/I1 !! !! A1I © dp k 0 Ea Li Li'131 acCL Pri,v0i2caocant> (H.-aa) ammo.arm (1•.a, ..M1....ifW ii IP U 2 Q '^ : : z z Y r. 0 • N z z 1 0 a W 0 U s CO ° o 1 3 U a r, E. N a POI aru. CC 0 Q ' o xi6/ 01 if Pell — 1 1 _/ mil.il / i 1 ,, a iii R IP« a ,......r _ i ,... i i \ ',., .4 <a-, A V.0 V II 1 ; I * 2 14 \ .. 1‘1,1 ,i 1 I Y 2 2 IS ::,lhor , Ilk ,iiii. i ''''11411 i X ...,.,4„.., / , ar .1,. i i .s.•, 1 i _ I , OZ 4/ py , -"r . ....,. . / . .- ,1 toy „ a Jo a iz r, 6 1 ¢I • h ilk -aa GEOGRAPHIC LOCATION: The subject property, consisting of 5.4 acres. is located at 5735 Collier Boulevard, in Section 15, Township 51 South, Range 26 East,Collier County, Florida. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Existing substation. zoned A SURROUNDING: North: Access road to the subject parcels; zoned A East: Boat storage and self-storage;zoned C-5; Collier Boulevard ROW, across which is an RV Park_: zoned PUD (Silver Lakes MPUD) South: Undeveloped parcel: zoned A; Boat storage and self-storage; zoned C-5 West: Undeveloped parcel;zoned CON 11. .7"`. r ►Ir/}/ 1 ''�. M' et:rI' f0 ewer Subject Site(CCPA) • } f •. r ! i --f • . . . � 4^.444 •'-�•� { Subject Site(Bing Bird's Eye) Site Plan with Deviations DR-PL20130002648 Page 3 of 7 LCEC Belle Meade Substation APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATIONS: The applicant provides a history of the site and the regulations at the time of original construction in Site Plan with Deviations Narrative(attached). In addition, the applicant provides justification for the three deviations sought: Deviation 1 -- A deviation from Section 4.02.01.A of the LDC "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a minimum lot area of 5 acres for property in the A zoning district. The applicant wishes to separate the existing operations of the substation into two entities: one operated by LCEC and the other operated by FPL. In addition to the separation of operations, the applicant wishes to divide the substation into two parcels, one owned by LCEC, the other by FPL. The two resulting lots, one 2.55 acres, the other 2.85 acres, do not meet the minimum lot area (5 acres), and therefore; require a deviation. Deviation 2 — A deviation from Section 4.02.01.A of the LDC "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a 30-foot side yard setback for property in the A zoning district. The drawing of the new lot line creating the proposed East Parcel and West Parcel resulted in an existing building on the West Parcel being 18.45 feet from the new east property line of the West Parcel. The resulting encroachment into the 30-foot site yard setback requires a deviation. Deviation 2 is only required as a result of the new lot line created by Deviation 1. Deviation 3 — A deviation from Section 4.06.02.0 of the LDC which requires a 10-foot wide Type A buffer on property in the A zoning district adjacent to property zoned commercial. There is currently no landscape buffer adjacent to the C-5 parcel to the east. The applicant proposes to reduce the required 10-foot buffer to 0 feet, which requires a deviation. In compensation for the elimination of this buffer, the applicant proposes labeling the vegetated southerly portion of the proposed East Parcel as Retained Native Vegetation on the Site Improvement Plan. Deviation 3 is only required as a result of the new lots created by Deviation 1. ANALYSIS: Staff has reviewed the requested against the established criteria and provide the below analysis. 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. There is no density associated with this development; it is considered an essential service in the zoning district. Site Plan with Deviations DR-PL20130002648 Page 4 of 7 LCEC Belle Meade Substation 2. The proposed development is consistent with the Growth Management Plan (GMP). There are no GMP issues associated with this Site Plan with Deviations. 3. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Since there is no new development proposed,there will be a neutral effect on the area. 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Since there is no new development proposed,the development area will be adequate. 5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. The existing means of access to and from the site is proposed to continue. As a result of this application, an access easement shall be created, permitting both LCEC and FPL to legally utilize the existing access. 6. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. In this case, the redevelopment involves only a lot split, therefore the visual character will not change. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. No areas are proposed for common ownership, however, access to the site for both LCEC and FPL will be guaranteed by an access easement. 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Site Plan with Deviations DR-PL2 0 1 3 000 264 8 Page 5 of 7 LCEC Belle Meade Substation Staff believes that the deviations are clearly delineated and that they are the minimum required to achieve the desired lot split. 9. The petitioner has provided enhancements to the development. In order to compensate for the reduction of the buffer from the required 10 feet to 0 feet, the applicant has labeled the southern portion of the East Parcel as Retained Native Vegetation, and has stated "any development proposed in the future is subject to applicable permitting requirements". 10. Approval of the deviation will not have an adverse effect on adjacent properties. Since there is no proposed development, the proposed creation of two lots will not have an adverse effect on adjacent properties, COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for DR-PL20130002648 on July 28,2014. HFAC STAFF RECOMMENDATION: Staff recommends approval of the Site Plan with Deviations for LCEC Belle Meade Substation (DR-PL20130002648) with the following condition: The Access Easement shall be recorded after the approval of the Site Plan with Deviations and before the issuance of a Right-of-Way Permit. Attachments: A. Application(including Site Plan with Deviations Narrative) B. Site Improvement Plan Site Plan with Deviations DR-PL20130002648 Page 6 of 7 LCEC Belle Meade Substation PREP JU I) BY: t_ . FRED REISCHL, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING & ZONING REVIEWED BY: ;r =r.. RAY BE LOWS, MANAGER DATE ^ DEPARTMENT OF PLANNING &ZONING 7-. 3 .) ,y MIKE BOSI,AICP, DIRECTOR DATE DEPARTMENT OF PLANNING& ZONING Site Plan with Deviations DR-PL20130002648 Page 7 of 7 LCEC Belle Meade Substation SINCE 1946 ENGINEERING March 6, 2014 Mr. Fred Reischel Collier County 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Reischel: This Site Improvement Plan Application is submitted on behalf of Lee County Electric Cooperative, Inc. (LCEC) for property located at 5735 Collier Boulevard. This application accompanies a request for Site Plan with Deviations and a Lot Split application, consistent with the Pre-Application meeting for this project held on January 15, 2014. The site is currently occupied and used as an electrical substation facility, which is considered an essential service per LDC Section 2.01.03 of the Land Development Code. The electrical substation facility was established in 1968, and remains in use with the westernmost part of the site operated by Florida Power and Light and the remainder of the site operated by LCEC. The purpose of these applications is to allow for the two entities to maintain their existing operations and recognize separate ownership and control of the property by deeding the westernmost 2.55 acres of the site to Florida Power and Light. The remaining 2.85 acres will remain in ownership and operation by LCEC. This proposed lot split is subject to the Site Plan with Deviations process due to the establishment of the facilities in 1968. This Site Improvement Plan Application is submitted to document the existing facilities and structures on the site and the proposed lot split in order to identify deviations based on the standards applicable in the timeframe of the establishment of the facilities. No new construction or development is proposed as part of this application, it is limited to the request for approval of a lot split for the land on which the substation was established in 1968. We appreciate your review of the enclosed plans and look forward to the opportunity to work together through the review and processing of this request. Sincerely, JOHNSON ENGINEERING, INC. ed R. B n, P.E. 2350 Stanford Court.Naples.Florida 34112 (239)4340333.Fax(239)434-9320 APPLICATIONS Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliersov net (239) 252-2400 FAX:(239) 252-6358 LOT SPLIT APPLICATION LOC Section 4.03.04 B. Chapter 5 A. of the Administrative Code The Lot Split review applies to all unpiatted lots of record in any subdivision, and to all lots in the Estates (E) zoning district, whether platted or unpiatted. The review does not apply to Lot Line Adjustments or to lots of record combined for tax purposes alone. PROJECT NO(PL) PROJECT NAME For Staff Use DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Agent: Jared Brown, PE Firm: Johnson Engineering, Inc. Address: 2350 Stanford Court City: Naples State: FL ZIP: 34112 Telephone: Cell:Cell: Fax: E-Mail Address: thrown @johnsoneng.com Name of Owner: Lee County Electric Cooperative Address: 8980 Bayline Drive City: North Fort Myers State: FL ZIP: 33917 Telephone: 239-656-2347 Cell: Fax: 239-656-2254 E-Mail Address: Frank.Cain@Icec.com PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application, if space is inadequate,attach on a separate page: Address of subject site and general location: 5735 Collier Boulevard. Subject site is located on the west side of Collier Boulevard, south of the Collier/US 41 intersection Property ID Number: 00742120002 Section/Township/Range: 5 /51 26 Subdivision: Unit: Lot: Block: Metes& Bounds Description: see attached legal description Property Appraiser's Parcel Number, if applicable: 512615 010.0006815 12/?3/2013 Page 1 of 2 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 Area of existing lot(in sq ft): 234,788 Area of proposed lots (in sq ft):Lot#1: 111,133(west lot) Lot# 2: 124,251 (east lot) Width of proposed lots calculated according to the LDC definition of"lot measurement, width": Lot#1 337'(west lot) Lot#2 323' (east lot) SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 5 A. of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet, incomplete submittals will not be accepted: REQUIREMENTS FOR REVIEW #OF COPIES Completed Application (download current form from County website) 5 Completed Addressing Checklist 1 Signed and sealed boundary survey showing existing and proposed lot dimensions, access to new lots, new lot areas, all easements of record, all utilities, and structures 5 on the subject property Drawings or surveys showing the location of proposed access,including location of 5 the proposed access easements, if any Property Card,indicating the date on which lot first appeared in the Property fi Appraiser's records in its current configuration 5 Recorded warranty deed to show current ownership from Clerk of Courts Recording Office 5 Fee Requirements: Lt! Lot Split Review: $250.00 All checks payable to:Board of County Commissioners 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 I hereby submit and certify the application to be complete and accurate. SIGNAtt'1RE OF AGEJVT DAT 12/23/2013 Page 1 of 2 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 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT: Lee County Electric Cooperative, Inc ADDRESS: 8980 Bayline Drive CITY North Fort Myers STATE FL ZIP 33917 TELEPHONE# 239-656-2347 CELL# FAX# 239-656-2254 E-MAIL ADDRESS: Frank.Cain @Icec.net NAME OF AGENT: Jared Brown, PE FIRM: Johnson Engineering, Inc. ADDRESS: 2350 Stanford Court CITY Naples STATE FL ZIP 34112 TELEPHONE# (239) 434-0333 CELL# FAX# E-MAIL ADDRESS: jbrown @johnsoneng.com CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL# IF KNOWN: LCEC Belle Meade Substation SIP PLANNER/PROJECT MANAGER, IF KNOWN: Fred Reischl DATE OF SUBMITTAL OF SDP/SDPA/SIP: 3-18-14 10/18/2013 Page 1 of 4 9Lcouty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings,structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. 0 Dimensional standards(excluding height):lot size,side yard setback El Parking ❑Architectural ❑Landscape/Buffers El Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. ❑Stormwater ❑ Pathways ❑ Transportation Planning Other site features: 10/18/2013 Page 2 of 4 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 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for ❑ Redevelopment Application Completed SDP/SDPA/SIP application 0 0 Copy for the Pre-Application Notes, if not submitted with 0 SDP/SDPA/SIP Notarized and Completed Owner/Agent Affidavits 0 0 0 Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all 0 Q 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At 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 'X Site Plan for Redevelopment:$1,000.00 X Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners 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 10/18/2013 Page 3 of 4 S2&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT We/I, Frank R. Cain, Jr. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Jared Brown, J E( to act as our/my representative in any matters regarding this Petition. fl 0 - ature of Property 0 Signature of Property Owner Frank R. Cain, Jr. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instr ment was acknowledged before me this i / F'`'lay of 7-)16-1--/T ,20111, by/`f ajix.,/�j .�(-11).JT ;wv o is pe_ rsonafly known'to me or has produced / as identification. /, ) • (Signature of Notary Public-State of Florida) A 1UMPHRtES Pr, .71tfwrinb 2015 Na } PN+nbtr 03.2010 10/18/2013 Page 4 of 4 Co r Comity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www-COtherQov.nct SITE IMPROVEMENT PLAN APPLICATION PROJECT NUMBER PROJECT NAME for Staff Use Only DATE PROCESSED APPLICANT INFORMATION AGENT:Jared Brown, PE FIRM, Johnson Engineering, Inc. ADDRESS: 2350 Stanford Court, Naples FL 34112 PHONE:239-434-0333 FAX#: 239-434-9320 E-MAIL ADDRESS:lbrOwn @johnSOneng.com OWNER: Lee County Electric Cooperative ADDRESS: 8980 Bayline Drive, North Fort Myers, FL 33917 PHONE;239-656-2347 FAX#: 239-656-2254 E-MAIL ADDRESS:Frank.Cain @Icec.com PROJECT INFORMATION SITE ADDRESS: 5735 Collier Boulevard ZONING: A SECTION: 15 TOWNSHIP: 51 RANGE: 26 UNIT: LOT: PROPERTY I.D# 00742120002 SUBDIVSION NAME: DETAIL OF REQUESTED CHANGE(S) (DESCRIBE SPECIFICALLY AND COMPLETELY THE CHANGES PROPOSED BY THIS APPLICATION. USE ADDITIONAL PAGES IF NECESSARY): See attached narrative describing this application and associated Site Plan with Deviations FEES REQUIRED FOR SUBMITTAL: ® $1,000.00 Application Fee, (Minus Pre-Application Fee if submitted within 9 months of pre-app meeting.) 3% of Roadway, Paving a Drainage and/or Utilities cost of construction estimates, NOTE: Site Improvement Plans may he used in dealing with insubstantial revisions to an existing development plan for which a Site Development Pion was not historically required, or for which there is no historical record. This application, along with pre-applicotion notes (if ony), and ony additional information noted on the pre-applicotion meeting is encouraged. August 30,2010 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colhergov.net APPLICABLE PROVISIONS OF THE LAND DEVELOPMENT CODE LDC Section 10.02.03.8.2 B.2. Site improvement plan review. Submittal of a site plan may be reviewed under the site improvement plan(SIP) review process if the development proposal meets all of the following conditions: B.2.o. The project involves a site which is currently improved with principal structures, parking facilities, water and sewer services, and defined ingress/egress. B.2,b. The proposed use will not require on expansion of the existing impervious areas to degree which would require engineering review or otherwise affect on-site surface water management facilities as may be documented by waiver letters from the South Florida Water Management District or Collier County where applicable. B.2.c. Written documentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use. B.2.d. (Refer to LDC Section 10.02.03 8.2.d for information relating to raw water wells) B.2.e. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24- inch by 36-inch sheet drawn to scale and setting forth the following information: i. The project title, property owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. iv. Location, configuration and dimensions of all building and lot improvements. v. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. vi. Location and dimension of access point(s) to the site. vii. Parking summary in matrix form, indicating the required and provided parking for each existing and proposed use. viii. Location and configuration of handicapped parking facilities and building accessibility features. ix. Location, dimension and configuration of existing water management facilities. x. Location of trash enclosures. xi. Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation. xii. All required and provided setbacks and separations between structures in matrix form. xiii. Any additional relevant information as may be required by the Zoning and Land Development Review director, or his designee. August 30,2010 Co 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.colltergov.net SITE IMPROVEMENT PLAN (SIP) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS 1 #OF REQUIRED NOT COPIES REQUIRED SWMITTAL REQUIRIMENTSs Additional set if located in the Bayshore/Gateway Triangle Redevelopment area 1 [ j Additional set if located within the RFMUD or RLSAO areas 1 L�Jj SIP Application(download from website for current form) 12 X Cover letter briefly explaining the project 12 X Site Plans per Division 10.02.03.B.2.d 12 5 j "List PUD commitments and deviations in General Notes of the Plan Set 12 X Addressing Checklist 1 X IPOI COMMIR i.nIVILOrMINTs Architectural Plans,including 1 color rendering(signed& sealed) 5 ❑ j Q Landscape& Irrigation plans(signed& sealed) 7 ❑ o i iSite Clearing plan/vegetation inventory 7 ❑ 0 Building elevation with dimensions& floor plans(if applicable) 7 ❑ 1J Boundary&topographic survey(I signed& sealed) 5 0 ❑ Deed or contract for sale 2 0 ❑ SFWMD permit,permit modification,or waiver 2 ❑ Utility letters of availability(water&sewer) I ❑ 0 DEP Utility installation permits(water/sewer) 1 ❑ 0 Engineering Report with Assumptions and Explanations per Ord. 2001-57 3 Excavation permit application I I I-7 E Other Required permits: App A/ gent Si Cue D0// August 30.2010 AFFIDAVIT OF AUTHORIZATION 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1.20130002648 l W.m O Harniton (print name),as Executive Vice President and CEO (title,if j applicable)of Lee Canty Electric Cooperative.Inc. (company, ff a licable),swear or affirm under oath,that I am the(choose one)owner ,/ japplicant(�contract purchaser and that: 1. 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 subject to the conditions and restrictions imposed by the approved action. 5. Well authorize"a.4 ^PE.l,k" 'Ec" " '^'"" S'_ ' r'' $gym"a ^P^ to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes.' • It 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 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, 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 ar true. J t. 49, - 7/ 7/i . Signature Date STATE OF FLORIDA COUNTY OF'O@L+iiE ' LEE The foregoing instrument was sworn to(or affirmed)and subscribed before me on 6/17/2014 (date)by William D. Hamilton (name of person providing oath or affirmation), as Executive VP and CEO _who is personally known to meyobbssoreiciticedimi. (type of identification)as identification. Q.d STAMP/SEAL Si nature of Note Public if.' JgF,N A N• •0 959426 .k., 2014 3.5-10'4 JOHN A.on NOLAND * Com mission#FF 114359 CP 08-COA.001151155 :o:-,k Expires June 2,2018 REV 3;24114 .4 •wa The,Uq sae crr.•.1404116401 ■ LCEC BELLE MEADE SUBSTATION SITE PLAN WITH DEVIATIONS NARRATIVE ....._..._........ . LCEC Belle Meade Substation Site Plan with Deviations Narrative The subject site identified by FOLIO number 00742120002 and address 5735 Collier Boulevard is owned by Lee County Electric Cooperative, Inc. The zoning designation is A, Rural Agricultural. The site is used as an electrical substation, which is considered an essential service per LDC Section 2.01.03 of the Land Development Code, and is qualified as a permitted use in the A zoning district per LDC Section 2.03.01.A.1.a.9. The property was acquired by LCEC in 1966 (reference deed in OR Book 210, Page 379) and has been used as an electrical substation since 1968 (reference LCEC Substation Information Report, with revision date 02/04/13). The property is a "flag lot" with frontage on Collier Boulevard limited to a narrow 30-foot wide strip. Access to the site is provided by an existing shared paved driveway on adjoining property owned by Florida Power and Light (FPL) connecting to Collier Boulevard in alignment with a full median opening. The applicant seeks to perform a lot split to divide the existing±5.4-acre parcel into two parcels of approximately 2.55 acres and 2.85 acres in area. The lot split will allow for separation of the existing operations by FPL on the westernmost 2.55 acres and LCEC on 2.85 acres. The site adjoins a 6.99-acre property owned by FPL to the north, which will continue to provide access to the newly created FPL parcel and LCEC parcel. Legal access is ensured via an access easement granted by FPL to LCEC, documentation for which is provided as part of this submittal. Current development standards applicable to properties in the A zoning district found in LDC Section 4.02.01.A. provide for minimum lot area of 5.0 acres, and principal structures are subject to minimum front yard setbacks of 50 feet, side yard setbacks of 30 feet and rear yard setbacks of 50 feet. Current buffer requirements found in LDC Section 4.06.02.C. provide for a 10-foot wide Type A buffer on property designated in the A zoning district adjoining commercially zoned property, and no buffer is applicable adjoining other agriculturally designated property. This lot split will render new parcels that do not meet current Code on the matters of lot size and side yard setback. The east parcel also does not meet current Code on the matter of landscape buffering adjacent to the C-5, commercially designated site. Applicable Codes dating back to the initiation of the use in 1968 have been researched to substantiate the proposed lot split meets criteria for approval through the County's Site Plan with Deviations process, adopted by Ordinance 2013-58 as Section 10.02.03.F. of the Land Development Code. May 1,2014 1 A LCEC Belle Meade Substation Site Plan with Deviations Narrative The Site Plan with Deviations process provides relief from current code for a renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures, or infrastructure were legally built and installed. The following narrative explains how the proposed lot split is consistent with the intent and standards for approval set forth in LDC section 10.02.03.F.7. No construction or development is proposed as part of this application, it is limited to the request for approval of a lot split for the land on which the substation was established in 1968. 1. Existing building, structures or infrastructure were legally built and installed. The deed and LCEC Substation Information Report provided demonstrate the establishment of the electrical substation use between the time of purchase in 1966 and the LCEC report that documents the substation was active in 1968. County Zoning Regulations dated "Revised January, 1965" contain the development standards applicable at the time the substation was established and built. The excerpt from that Code attached (Section XI.4 on page 37) demonstrates the following uses are allowed within the Agricultural District (italics added for emphasis): "public works and public utility facilities such as water pumping plants and reservoirs, electric transmission lines and substations, broadcasting towers and transmission stations, parks, recreation areas, etc." The excerpt from the January 1965 Code also demonstrates on page 38, Section XI.B, that no minimum lot size regulations were in effect for the Agricultural District. Thus, there was a legal construction and establishment of the electric substation on the subject property, without a minimum lot size constraint. The proposed lot split to delineate the limits of the FPL equipment separate from the LCEC equipment is therefore allowable considering the applicable Code at the time of the establishment and construction of the substation facilities allowed for lot sizes of 2.55 acres and 2.85 acres. As a result of the newly created lot line, one building deviates from the currently applicable minimum side yard setback of 30 feet. The building is located on the western parcel, with a setback of 18.45 feet from the newly created lot line. Setback requirements within the Agricultural District at the time of establishment of the substation facilities were 37.5 feet from a known section line (land line), except where said section line crosses a subdivision where provisions for streets have been made. Additionally, the excerpt from the Code effective in 1969 attached (Section 5.8 on page 19) provides that Essential Services were then exempt from the application of the Zoning Regulation. Thus, although all buildings on the subject site are not compliant with current setback standards effective today, they are compliant with the requirements of the Agricultural zoning district at the time of establishment of the substation facilities, May 1,2014 2 LCEC Belle Meade Substation Site Plan with Deviations Narrative as they are not within 37.5 feet from a section line; and furthermore, they are compliant with the Code in effect in 1969 which exempted the substation from Zoning Regulations. The fact that the deviating building has existed within 18.45 feet of the existing fence line located along the proposed new lot line demonstrates that the 18.45 feet of clearance from the building to the fence has not compromised health or safety. Granting a deviation for this side yard setback of 18.45 feet is consistent with the applicable Code provisions as of the time the substation was established, because Codes in that timeframe did not enumerate side yard setback requirements and essential services were exempt from Zoning Regulations. Buffering standards did not exist at the time of establishment of the substation facilities. Current standards do not require a buffer along the newly created lot line. No changes are proposed to alter the current conditions on the site. The lack of 10 foot wide Type A buffers that are required by current Code along the property line bordering the C- 5,commercially designated site to the east has been identified as requiring deviation approval. Therefore, the applicant requests the deviation to allow no buffer bordering property to the east zoned C-5, due to the fact that buffering requirements did not exist at time of the establishment of the substation facilities as documented in 1968. Current stormwater standards did not exist at the time of establishment of the substation facilities. No changes are proposed to alter the current conditions on the site. 2. Standards for approval. The petition is consistent with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. As stated above, the electrical substation was a permitted use in the zoning district at the time it was constructed, and it remains an essential service per LDC Section 2.01.03 of the Land Development Code, qualified as a permitted use in the A zoning district per LDC Section 2.03.01.A.1.a.9. b. The proposed development is consistent with the Growth Management Plan. No development is proposed. The site is designated Urban-Urban Coastal Fringe on the Future Land Use Map. Electrical substation is an allowable use as an essential service per the Future Land Use Element of the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. No development is proposed. The proposed lot split allows for the delineation of the limits of the FPL equipment separate from the LCEC equipment. This furthers the safe, secure function and operation of the facilities on the property. Being an essential public may 2014 3 LCEC Belle Meade Substation Site Plan with Deviations Narrative service, the electrical substation provides a benefit to the surrounding area and County as a whole. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. No development is proposed. As stated above, the electrical substation facilities were established in 1968. The facilities have been appropriately sited, situated, and accommodated on the subject site for over 40 years. The proposed lot split provides for delineation between existing uses to legally separate facilities operated by FPL and facilities operated by LCEC. This action furthers the safe, secure function and operation of the facilities on the property, which is appropriately sized for the intended purpose as demonstrated by the successful operation for over 40 years. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. The facilities have been appropriately sited, situated, and accommodated on the subject site for over 40 years. Access to the site is provided by an existing paved driveway, which will remain as the primary access, legally designated via an access easement, provided with this application. Drainage facilities will not be subject to any change as a result of this lot split. No change is proposed to vehicular parking and loading areas, which will remain adequate and appropriate for the use as established. No change is proposed to site distances, landscaping or buffers, which will remain adequate and appropriate for the use as established. Clearances necessary for the safe operation of electrical infrastructure require that the site remain in the condition in which it has been operated for over 40 years. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. No development is proposed with this request. Visual character of the property will remain as it exists. The site is not in view of a public right-of-way and it functions as an essential public service. Clearances necessary for the safe operation of electrical infrastructure require that the site remain in the condition in which it has been operated for over 40 years. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. No areas are proposed for common ownership as a result of this request. May 1,2014 4 • LCEC Belle Meade Substation Site Plan with Deviations Narrative h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. There is no new development proposed as a result of this request. The deviation request is for relief from minimum lot area of 5.0 acres currently applicable to the Agricultural zoning district per LDC Section 4.02.01.A., to allow lot areas of 2.55 acres and 2.85 acres consistent with the applicable Code when the facility was established in 1968. Buffering along the new lot line created by the lot split is compliant with current buffer standards as no buffer is required between two agriculturally designated properties. Setbacks along the new lot line created by the lot split are compliant with current side yard setback standards with the exception of one building that is 18.45 feet from the proposed lot line. Although the building is not compliant with the side yard setback requirement of 30 feet effective today, it is compliant with the requirements of the Agricultural zoning district at the time of establishment of the substation facilities, as the building is not within 37.5 feet from a section line; and furthermore, it is compliant with the Code in effect in 1969 which exempted the substation from Zoning Regulations. i. The petitioner has provided enhancements to the development. No development is proposed. The enhancement that is achieved by this Site Plan with Deviations approval is the safe, secure operation of the electrical substation facilities for the benefit of the general public. j. Approval of the deviation will not have an adverse effect on adjacent properties. Approval of the deviation from minimum lot area will not have an adverse effect on adjacent properties. The property with the greatest adjacency to the site is to the north, which is owned by FPL. FPL is a party to this lot split and will benefit from it. Other adjacent properties will not be affected because no development is proposed, and there will be no difference in operation or function of the site as a result of the lot split. Approval of the deviation from minimum side yard setback will not have an adverse effect on adjacent properties. The fact that the deviating building has existed within 18.45 feet of the existing fence line located along the proposed new lot line demonstrates that the 18.45 feet of clearance from the building to the fence has not compromised health or safety. As the current conditions will not change, no adverse impacts will result from the approval of the proposed lot split and the proposed Site Plan with Deviations. May 1,2014 5 Substation Information Description ;Station i (,leach: 1-OCR Switching Station 1Statlon # 13 'MVA 0 4 Address Pft SR 954 to Marco 10-hone (239) 774-3230 Directions SR 78,Approximately one Mile West of arena Strap# 15-51-26-010.000 (folio # 11074200003) County Collier Date Energized ! Mar 195B n ao e ao ‘cs i8 , 8 !* I cn I N N .-1 ±� a 0 2 I aa, 1 VI J v a, a! 8 V J ■ I I 0• t 0 0 MI I O O tD e O ' N M 8 N N ttti y+ tl• N O Q O 9 a, 8 U 5 M QI N G N .-1 7 N , c 2 N N Y1 a N N ✓ a K M V N _O J{ 10 .• $ ��j O rrl ti, N N —. :..� rl W i • • ■ 1 I u I ao (0 I C I 1 I .S.1 _ :it O! oC I al o y :° v A 10 i t o •. a7 .0 O r6 N y v C O N 1 r0 Q an d O A ,k o�, A 0m a, > ,, 0 a`, 1O 01 E 8 --� 0m " v ?� vm :,= c ca' x° 01 ■ m M N .i M M • d i OQ� E po M r, C or m fi O 03 M vl RI u• a. .-1 O a 0 v m o m u :^! i_ M ^ n eo M M • 7 T. 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E fe to )- M ■-• 17,1 4,, Ø5 7 "C E t al U o 0 V 10 ...,. ■ ■ 1 11 -,c- - .., c 0 a ”, c v o d.> •., , 0 c w .6- ■ .... I . 1 1 i I 1 -... . 1 1 ...... g 1...6 -0 c o :41 CC ,,,,,,:i L O v E a) C a U QO C al N 4- to t aJ C - as +. t, �,e'---, 's w '1.1:.8 41.41.1,1:3: ha. ,,. •r a a a ` • a ' _ pa I C ,q 'ti L t -- . .X. r,,.', / r..� S rr 'N. 1 if - =,- .1. . . • ai a t°.r K- "0.-4, r ( .!'� , " �`se <4, ,- .,. r lei N • J "1 a • t a F. •t 4. , ,► , 4� of ti�' c � O. , - 1•� r " , f• .6 •. �r i � . • f 2 0 a i r,2, '' M • . CY 4— Cob J S • '+• NJ x `.�. r.. '1` •' _ •C fi • u ., .4 t • ,� ' .•o - � a -f + " W � •; -` , U O /, 'mod . .�oir M dapp , a_ ^ ' ce ix _ . COUNTY ZONING REGULATIONS •. J.. 1 .414 • 4tonso0, .444, COLLIER COUNTY FLORIDA t:55.e,JT 4.) S Iv,3 t..42 Ar.4 Revised January, 1965 _ _ 6. In this district those uses excluded from the "C-1", "C-2", and "C-3" dis- tricts are likewise excluded unless listed above as permitted. SECTION XI Agricultural District "A" All areas of Collier County not in the above mentioned districts shall be con- sidered as in the Agricultural, District, and uses and area regulations will be very liberal. USE REGULATIONS: 1. Agriculture, horti ulture, general farming including dairying, pas- . turage, forestry, livestock, and poultry raising, including stables, nurseries, greenhouses, truck gar- dening and similar enterprises and uses, home occupations. Temporary structures, trailers or mobile homes in connection with these uses will be permitted on a temporary basis, upon first securing a permit from the County Building Inspector, with- out having to comply with County Building Code. Any permanent struc- ture, or structure used for living quarters shall conform to the Collier County Building Code. 2. Airport and Landing Fields. 3. Cemeteries, following site approval by the Health Authorities. 4. Public works and public utility .facili- ties such as water pumping plants and reservoirs, electric transmission It lines and substations, broadcasting ;r towers and transmission stations, 3 . parks, recreation areas, etc. 37 l3 il -; : 5. Sawmills and planing mills, turpen- tine stills and other operations utiliz- ing the natural resources of the re '4• gion, provided however, that no suci '. '; operation shall be established or con- 1 ducted within 600 feet of the nearest highway right-of-way of State, pri- mary or secondary roads. i °• i 6. Advertising structures and signs must meet State Requirements. 1. 7. Overnight Camps and Hunting Camps ! are permitted if built within 1000 i. feet of a State Primary or Secondary _; Road, must conform to the Collier i•` County Building Code. 8. No trailers or Mobile Homes shall N p be parked within 500 feet of a State Primary or Secondary Road unless 1,lI ff' in a Commercial Trailer Park, or an area. zoned R-4 (Mobile Home Dis- ''i; ict. B. AREA REGULATIONS 1. No permanent building shall be closer ' t�r than 26 feet to any state or county highway right of way line. 2. ' No structure shall be closer than 37% feet to a known section line (land line), except where said sec- " ` 1 tion line crosses a subdivision where provisions for streets have been ,•4 made. (j USE REGULATIONS: 1 GENERAL PROVISIONS 1:j AND EXCEPTIONS 38 1 1 f r >( - a �• .. S fit" 1 � .. s ' • ...................... . WALTER L. KELLER ARCHITECT ZONING REGULATIONS COLLIER COUNTY, FLORIDA • Sectionn::: Studies/Reports tuds/Reports V COMMISSIONERS Zonina Pteaulatlons- 1.962 „ - , Sr.,Chairman , Vice Chairman r S ISSUED "LAMMING COMMISSION lavatakolee Area Planning Commission (IIMyron G. Royals, Chairman Um Heath, Vice Chairman R. Er Black, Secretary . Cher les F. Keene Clarence E. Jernigan mss, Inc. - Tampa/Atlanta MOO itto0A010112220760 ta • • Section 11.23 - A-1 Agricultural District. 1. DISTRICT PURPOSE: This agricultural district is intended to apply to those areas, the present or prospective use of which is primarily agricultural, or the future development of which is uncertain, and for which a more restricted zoning would be premature. The regulations in this district are intended to permit a reasonable use of the property, while at the some time prevent the creation of conditions which would blight or prevent the proper future use of this and contiguous property. 2. USES PERMITTED: No building or structure, or port thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Agricultural activities, such as field crops, horticulture, fruit and nut production, forestry, ranching, bee-keeping, poultry and egg pro- duction, milk production, animal breeding, raising, training, stabling or kenneling (except hogs and goats in excess of ten each of such animals). (2) Single Family Residences, in accordance with and subject to the provisions of the SF-6 District, Section 11.7 of these regulations, except • as modified herein. (3) Any use clearly Intended as a measure for conservation. (4) Golf, yacht, fraternal and other recreational clubs. (5) Churches and other places of worship. (6) Muck, sand, fill material, limerock and gravel extraction. (7) Outdoor recreation activities, such as hunting, fishing, camping, hiking, and nature studies. B. ACCESSORY USES: (1) Home occupations, as provided for in Article X, and other customary home occupations associated with agricultural activities. (2) Structures other than mobile homes and trailers, which ore necessary or customarily incidental to the principal uses; providing that such structures conform to the Collier County Building Code and a permit • is obtained from the Collier County Building Department. - 79 - nimmusak (3) A mobile horns or trailer, used in connection with the principal uses, • is permitted on a temporary basis only, not to exceed three years, pro- viding that a permit for such temporary use is obtained from the Collier County Building Department, and further providing that the applicant is utilizing, for such principal use a tract of forty (40)acres or more, except that port lying In public rood rights-of-way. Such mobile homes or trailers shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-a- way line or 500 feet from any federal highway right-of-way line. C. PROVISIONAL USES: The following uses may be permitted sublect to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: Use (1) Airports and landing fields. (2) Cemeteries. (3) Advertising signs and structures. (4) Race tracks. • (5) Sawmills. (6) Oil and gas extraction. 3. MINIMUM SETBACKS: A. No permanent building shall be closer than 25 feet to any federal, state or county primary or secondary right-of-way. B. No permanent building shall be closer than 75 feet to a section line or 100 feet to a township or range line. C, No permanent or temporary building or structure shall be closer than 30 feet to any property line other than a federal, state or county primary or secondary highway right-of-way tine. Section 11.24 - A-2 Agriculture District. 1. DiSTRICT PURPOSE: This district is designed to accommodate traditional agriculture uses and outdoor recreational activities, while protecting the lrural areas of the County against premature, inappropriate, and sub-standard - 80 - urban development. Principal and Provisional uses allowed in this district ore less restrictive than in A-1 Agriculture District. 2. USES PERMITTED: No building or structure, or port thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the Following; A. PRINCIPAL USES: (1) Agricultural activities, such as field crops, horticulture, fruit and nut production, forestry, ranching, beekeeping, poultry and egg production; animal raising, breeding (except hogs and goats in excess of ten each of such animals), training, stabling, or kenneling, and home occupations. (2) Forming, milk production, milk processing and distribution, (3) Outdoor recreation activities, such as hunting, fishing, camping, hiking, and nature studies. (4) Marinas. (5) Single, two-family or multiple-family residences in accordance with and subject to the provisions of SF-6' and "MF«-2' of these regulations. • Subject also to minimum floor area and maximum height. (6) Mobile homes, provided that there be no more than one mobile home on any 5-acre tract, and no mobile horns shall be located nearer than 100 feet from any county highway right-of-way, 200 feet from any state highway right-of-way or 500 feet from any federal highway right-of-way line. (7) Churches and other places of worship. (8) Golf, country, yacht, fraternal end other recreational clubs. (9) Schools and colleges. (10) Advertising signs and structures. (11) Oil, gas, muck, sand, fill material, limerock and gravel extraction. B. ACCESSORY USES: (1) Accessory uses and structures which are incidental to and customarily • associated with the uses permitted in this district. - 81 - w..�,: • (2) Retail outlets In conjunction with a principal use. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, If applicable, as follows: Use (1) Airports and Landing fields (2) Race tracks. (3) Commercial recreation uses, commercial tourist attractions including accessory accommodations. (4) Commercial and non-profit rifle, skeet, trap, pistol and archery ranges. (5) Hog and goat breeding and raising in excess of 10 each of such animals; stock yards, slaughter houses, moat packing plants,canning and processing plants for agricultural products. (6) Oil and gas processing, and other mineral extraction and processing not otherwise provided for. (7) Commercial fisheries. (8) Cemeteries. (9) Child care centers; nursing and rest homes, medical institutions. (10) Packing houses, not including animal slaughter or meat packing. (11) Sawmills. (12) New and unusual uses. 3. MINIMUM LOT AREA: 5 acres, or one-half (1/2) of the one-fourth (1/4) of the one-fourth (1/4) of the one-fourth (1/4) section of land in which the lot is located, less dedicated rights-of-way and easements of record. 4. MINIMUM LOT WIDTH: 165 feet overage between front and rear lot lines. - 82 - 5. MINIMUM YARDS: A. Front yard-50 feet. B, Side yard-30 feet. C. Rear yard-50 feet. 6. MINIMUM FLOOR AREA: None, except as provided for specific uses. 7. MINIMUM SETBACKS: A. No permanent building shall be closer than 25 feet to any federal, state, or county primary ory or secondary right-of-way. B. No permanent building shall be closer than 75 feet to a section line or 100 feet to a township or range line. C. No permanent or temporary building or structure shall be closer than 30 feet to any property line other than a federal, state or county primary or secondary highway right-of-way tine. Section 11.25 - FL Farm Labor Camp Sup ementary l District. I. DISTRICT PURPOSE: There ore many acres of land, in Collier County, used exclusively for forming activities. This creates the need for temporary, small, portable units to house necessary labor.Where provisions of this supplementary district are in conflict with any "A' zoning district to which it is supplemental, this district shall govern.It Is intended that this supplementary district, because of its liberal minimum requirements, Is only applicable when and where large areas are used for forming activities and labor needs are primary. This supplementary district is applicable to 'A- 1' and 'A-2' Agricultural Districts only. 2. MANNER OF DESIGNATION AND METHOD OF APPLICATION: Farm labor camp lands In the supplementary "FL" District shall be designated by the agricultural zone district symbol, followed by a dash and the letters 'FL'. For example, land which is zoned 'A-1' and is so used for large farming activities would carry the zone designation of 'A-t -FL'. Lands may be placed in or removed from the "FL' zone in the some manner as any other zone. 3. DEFINITION OF FARM LABOR CAMP: A planned area of temporary shelters, erected on leased or owned land, capable of housing people, for a period of not more than three years. -- 83 - accidents caused by obstruction to vision at street intersection, the following regulations shall apply: 1. Within the area formed by the rights-of-way lines of intersecting streets, a straight line connecting points on such right-of-way lines ate distance of forty (40) feet from their point of intersection, such connecting line ex- tending beyond the points to the curb lines, there shall be a clear space with no obstruction to vision between the height of three (3) feet and a height of eight (8) feet above the average grade of each street as measured at the centerline thereof. 2. The requirements of this Section shall not be deemed to prohibit any necessary retaining wall. 3. Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed heights. 4, Lamp posts and street name sign posts shall also be permitted, provided that illuminating fixtures or name plates are not within the prescribed clear s pace. Section 5.7 - Location of Accessory Structures. In residential districts and on any lot used for residential purposes, no accessory structure, including for the purposes • of this section: automotive vehicles, boats, travel trailers, and sporting equipment used for camping or similar recreation; shall be located In required front or side yards. Accessory structures shall not exceed two and one-half(2 1/2) stories in height, shall not cover more than 30% of any required rear yard and shall be at least five (5) feet from side lot lines and common rear lot line or alleys, or shall have the same setbacks as principal structures,whichever is greatest. Accessory structures shall be located at least ten (10) feet from any other structure on the same lot. • Accessory structures must be constructed simultaneously with or following the construction of the main structure, and shall not be used until after the principal structure has been fully erected. Section 5,8 - Essential Services. Essential service uses shall be permitted as authorized and regulated by low, it being the intention hereof to exempt such uses from the application of the Zoning Regulation. Essential services are those regulated by the State and Public Service Commission and include, for example, transportation routes and utility transmission lines. ARTICLE VI EXCEPTIONS AND MODIFICATIONS Section 6.1 - Front Yard Requirements. Front setback requirements of this regulation for dwellings shall not apply in the following cases: • To any lot where the average setback on developed lots within one hundred (100) - 19- ROAD ACCESS EASEMENT WITH SKETCH AND DESCRIPTION t y EXHIBIT "E" ROAD EASEMENT FORM DRAFT This Instrument Prepared by and Return to: Patricia Lakhia,Esq. Florida Power&Light Company 700 Universe Blvd Law/JB Juno Beach,Florida 33408 ROAD ACCESS EASEMENT THIS ROAD ACCESS EASEMENT is made and entered into as of this day of , 2014, by and between FLORIDA POWER& LIGHT COMPANY, a Florida corporation, having its principal office and place of business at 700 Universe Boulevard, Juno Beach, Florida 33408, ("Grantor")and LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida non-profit corporation having its principal office and place of business at 4980 Bayline Drive, North Fort Myers, FL 33917 ("Grantee"). 1. Grant of Easement. Grantor,for and in consideration of Ten Dollars ( $10.00)and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant to Grantee a non-exclusive Road Access Easement (the "Easement")on, over, and across a strip of land located on Grantor's property located in Collier County, Florida and more particularly described in the attached Exhibit"A"to this Road Access Easement (the"Easement Property"), which exhibit is incorporated herein by reference. The Easement Property shall be used by Grantee and its employees, invitees, contractors and subcontractors only for ingress, egress, utilities and roadway drainage for Grantee's real property that is more particularly described in the attached Exhibit"B"to this Road Access Easement, which exhibit is incorporated herein by reference. This Easement is granted with all rights necessary and convenient for the full use and enjoyment of the Easement Property for the purposes described herein including without limitation (a)the right of Grantee to use any existing or future road on the Easement Property; and (b)the right of Grantee to construct and make improvements to any existing or future road on the Easement Property at Grantee's cost and expense. 2. .Term of Easement. This Easement shall be perpetual unless terminated in writing and released of record by Grantee, by recording a Release of Easement in the Office of the Public Records, Collier County, Florida. 3. Indemnity. Grantee agrees that it will exercise its privileges hereunder at its own sole risk. Grantee agrees to indemnify, defend (through counsel acceptable to Grantor)and hold harmless Grantor from and against any and all claims, losses, judgments, fines, costs, damages, expenses, liabilities or other loss arising out of or EXHIBIT "E" TO CONTRACT DRAFT connected with: (i)this Easement;or(ii)Grantee's or Grantee's agents, contractors, employees or invitees use of the Easement, including, but not limited to, all claims and damages sustained by any person, firm or corporation (including claims by the employees of Grantee); or(iii)the acts or omissions of Grantee or Grantee's agents, contractors, employees or invitees, together with all costs and attorneys' fees of Grantor, whether before trial, at trial, on appeal, or otherwise, for defending same. This provision shall survive any termination of this Easement. Grantee shall provide evidence satisfactory to Grantor that Grantee's indemnity obligation hereunder are covered by Grantee's insurance. 4. Compliance With Laws. Grantee shall at all times observe in its use of the Easement Property all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 5. Successors and Assigns. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Miscellaneous. (a) All of the Exhibits attached to this Easement are incorporated in, and made a part of, this Easement. (b) Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Property which are not inconsistent with the Easement, including, without limitation, the right to grant further easements on, over and/or across the Easement Property(including utility and/or access easements)and the right to use the Easement Property for all uses not interfering or inconsistent with the Easement permitted herein in any material respect. 7. Amendments; Termination. Subject to the other provisions hereof,this Easement may not be amended,modified or terminated except by written agreement executed by the parties hereto, or their successors and/or assigns. Further, no modification or amendment shall be effective unless in writing and recorded in the Public Records of Collier County, Florida. [Remainder of page blank; signature pages follow] EXHIBIT "E"TO CONTRACT ...................... DRAFT, EXECUTED as of the date and year first above written. Signed, sealed and delivered in the FLORIDA POWER& LIGHT presence of: COMPANY By: Witness Signature Printed Name: Printed/Typed Witness Name Title; Witness Signature Printed/Typed Witness Name ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: COUNTY OF ) On this day of , 201_, before me, the undersigned notary public, personally appeared of CORPORATE REAL ESTATE, FLORIDA POWER& LIGHT COMPANY, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who produced as identification, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. EXHIBIT '"E"TO CONTRACT DRAFT LEE COUNTY ELECTRIC COOPERATIVE, INC. By: Witness Signature WILLIAM D. HAMILTON, Executive Vice President Printed/Typed Witness Name Witness Signature Printed/Typed Witness Name ACKNOWLEDGEMENT STATE OF FLORIDA } )ss: COUNTY OF PALM BEACH ) On this day of , 2014, before me, the undersigned notary public, personally appeared WILLIAM D. HAMILTON, as Executive Vice President of Lee County Electric Cooperative, Inc., a Florida non-profit corporation, personally known to me and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. EXHIBIT "E"TO CONTRACT EXHIBIT 'A" DRAFT THE EASEMENT PROPERTY An Ingress-Egress Easement lying in the Southwest Quarter of Section 10, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest Quarter of Section 10, Township 51 South, Range 26 East, Collier County, Florida; Thence South 89°19'34" East, on the South line of said Southwest Quarter, a distance of 337.12 feet, to the point of beginning; Thence North 00°27'26" East, a distance of 75.00 feet; Thence South 89°19'34" East, a distance of 662.12 feet; Thence North 52°26'14" East, a distance of 29.51 feet; Thence South 87°55"30"East, a distance of 111.58 feet; Thence North 81°41'25" East, a distance of 117.71 feet, to a point on the Westerly right- of-way line of State Road S-951 (200 foot wide public right-of-way per Florida Department of Transportation Map Section 03030-2511);Thence, on said Westerly right-of-way, South 02°27'43"West, a distance of 108.97 feet, to the South line of the Southwest Quarter of said Section 10; Thence North 89°19'34"West, on said South line, a distance of 909,43 feet to the point of beginning. Bearings hereinabove are based on the South line of the Southwest Quarter of Section 10, Township 51 South, Range 26 East, Collier County, Florida, being South 89°19'34" East per State Plane Coordinates, Florida East Zone, NAD83 (2011 Adjustment). EXHIBIT"E" TO CONTRACT EXHIBIT"B" GRANTEE'S PROPERTY A parcel of land lying in the Northwest Quarter of Section 15, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northwest corner of the Northwest Quarter of Section 15, Township 51 South, Range 26 East, Collier County, Florida;Thence South 89°19'34" East, on the North line of said Northwest Quarter, a distance of 337.12 feet, to the point of beginning; Thence continuing on said North line, South 89°19'34" East, a distance of 909.43 feet to the Westerly right-of-way line of State Road S-951 per Florida Department of Transportation Right-of-Way Map Section 03030-2511;Thence South 02°27'43"West, on said Easterly right-of-way, a distance of 30.01 feet, to a point on a line 30.00 feet South of and parallel with said North line of the Northwest Quarter of Section 15; Thence North 89°19'34"West, on said parallel line,a distance of 585.43 feet,to a line 660.00 feet East of and parallel with the West line of said Northwest Quarter of Section 15;Thence South 00°20'05"West, on said parallel line, a distance of 300.01 feet, to a point on a line 330.00 feet South of and parallel with the aforementioned North line of the Northwest Quarter of Section 15; Thence North 89°19'34"West, on said parallel line, a distance of 323.60 feet;Thence leaving said parallel line, North 00°27'26" East, a distance of 330.00 feet, to the point of beginning. Bearings hereinabove are based on the North line of the Northwest Quarter of Section 15, Township 51 South, Range 26 East, Collier County, Florida being South 89°19"34" East per State Plane Coordinates, Florida East Zone, NAD83 (2011 Adjustment). EXHIBIT "E" TO CONTRACT N OW -----_,__ _T_____�. 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Evans Engineering, PA 23150 Fashion Drive Estero, FL 33928 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for a Planned Unit Development Comparable Use Determination (PUD-CUD) to permit the use of indoor storage within the Westview Plaza PUD. GEOGRAPHIC LOCATION: The subject property, the Westview Plaza PUD, is a 20.37 acre-parcel located on Westview Drive,east of Airport-Pulling Road,just south of Radio Road. PUD-CUD-PL20140000487 Page 1 of 5 Westview Plaza Storage II ..R Y 11•4!Y I T 04 I C I, L ir',. ' :t r A' ( WNW'di 1 I I-1- • .I tT I" CPUD • • I 1 , I,t Uni•C rpP��U.D I „ II i i f 1 I 1111STifis*VINE� � I ' 1 , 1 PUD' 1 ,. /I "olter•11M.us j ' M 1 1 , • • ■ 1 Zoning Map SURROUNDING LAND USE & ZONING: Subject: Partially developed land; zoned PUD (Westview Plaza PUD) 'North: Industrial development; zoned I and Office buildings; zoned PUD(Radio Square PUD) Fast: Donna Street ROW; across which are residences, zoned RSF-3 South: Gail Boulevard ROW; across which are residences; zoned E \N est: Industrial development; zoned I rc. y ay - 1...0170‘a.I•^a.. ( +* -Y, n A ,A I ••. 4f *, • * 0 ,.. , _ 1 1 v:arc .,. - 4,1 , IMP ,`'.. I. 0.01. +� lit F 71 It Illiii ' ._. 1 / a ►. r [ OPP '.• L 1 ,J • r •440 -.. Q.-.45-Xet st.--_,.- . 7 1l I \Crial 1( ( l':A1 1 PUD-CUD-PL20140000487 Page 2 of 5 Westview Plaza Storage PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to build an enclosed storage building to provide indoor storage. The Westview Plaza PUD (Ordinance 83-45) permits commercial uses in the PUD. Commercial uses are unusual in a location with no direct access to an arterial or collector road, such as Westview Plaza PUD. Historically it has been difficult for a use to locate within the PUD and not benefit from drive-by capture. The only access is via Westview Drive;there is no access from Donna Street or Gail Boulevard. Section 2.2.a of the PUD lists the following as permitted principal uses and structures: 1) Clothing stores; 2) Colleges,universities, schools: 3) Delicatessens; 4) Drug stores; 5) Food markets; 6) Shopping centers. These uses are relatively high traffic generators Indoor storage is a low-intensity use with little associated traffic. Most other permitted uses in the PUD are relatively intense commercial uses with average to high traffic generation. Certain uses, specifically manufacturing, laboratories and research and development are low traffic generators. These uses usually also require storage of products as an accessory use. The Applicant requested a Zoning Verification Letter (attached)requesting a determination from the Planning Manager and affirmation by the Hearing Examiner that indoor storage is a permitted use in the PUD. ANALYSIS: Indoor Storage is a Conditional Use in the General Commercial (C-4) zoning district and is a permitted use in the Heavy Commercial (C-5) zoning district. The Westview Plaza PUD is a commercial PUD and Indoor Storage is clearly a commercial use. Staff believes that the proposed use of Indoor Storage is a less-intense use than some of the permitted uses, and therefore Staff believes that Indoor Storage is comparable in nature to the other uses in the PUD and a compatible use in the district. (Please see Zoning Verification Letter dated April 17. 2014, attached.) Chapter 3, Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification. Letter can go to the HEX for approval: 1) If the PUD ordinance language identifies the Board of Zoning Appeals as the authority to determine a use is comparable, compatible and consistent, or 2) If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is PUD-CUD-PL20140000487 Page 3 of 5 Westview Plaza Storage comparable, compatible, and consistent. Section 2.2.a.47 of the Westview Plaza PUD, Permitted Principal Uses and Structures, states "any other professional or commercial use which is comparable in nature with the foregoing uses which the Zoning Director determines to be compatible in the district". Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of Indoor Storage is comparable in nature to other uses in the PUD and is; therefore, a permitted use in the Westview P1a72 PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition PUD-CUD- P1,201400000487 on July 29,2014. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of Indoor Storage is a comparable and compatible use in the Westview Plaza PUD and is; therefore, a permitted use in the Westview Plaza PUD. Attachments: A. Application. B. Westview Plaza PUD C. Zoning Verification Letter PUD-CUD-PL20140000487 Page 4 of 5 Westview Plaza Storage FR EISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: RAYMOND V. BELLOWS DATE ZONING MANAGER 3,3 MIKE BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PUD-CUD-PL20140000487 Page 5 of 5 Westview Plaza Storage Westview Plaza PUD Comparable Use Determination PL2014-0066 Application CoIir County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 voNw.colliergov.n et (239)252-2400 FAX:(2.39)252-6358 Zoning Verification Letter PUD Comparable Use Determination LOC sections 2.0100 A, 10.02.06 J&Code of Laws section 2-83—2-90 Chapter 3 0.6 of the Administrative Code PROJECT NUMBER PROJECT NAME TO he completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): 3603 Westview LLC Address: 1111 Galleon Drive City: State: ZIP: N pies FL 34102 (239)404-2834 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Anita Jenkins, AICP Firm: J.R. Evans Engineering, PA Address: 23150 Fashion Dr city: Estero State: FL ZIP: 33928 Telephone: (239) 825-9322 Cell: Fax: (239) 288-2537 E-Mail Address: anitagrevansengineering.com PROPERTY INFORMATION Site Address: 3603 Westview Drive Folio Number:81570160004 Property Owners Name:3603 Westview LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of is comparable and compatible with the permitted uses in the PUD." 10/18/2013 Page 1 of 2 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 1 of 34 Co Co.firov County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.calliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 6 6.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED I REQUIRED Completed Application (download current form from County ❑ Q ❑ website) Determination request and the justification for the use 111.1 • �__ PUD Ordinance and Development Commitment information I ■ ■ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all ❑ ❑ 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: H Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. H Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date —ThOrfOS LI eb Printed Name c� Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible of the time of inspection. This report Is based on the Land Development Code that is in effect on the dote the report was prepared. Code regulations could be subject to change. While every attempt has been mode to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this deportment disclaims any liability for any damages in connection with its use.In addition,this department assumes no responsibility for the cost of correcting any unreported conditions. 10/18/2013 Page 2 of 2 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 2 of 34 Co_ ..fler Comity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PtANNING AND REGULATION (230) 252-2400 FAX (239)252-635t3 wwwspllicrqg rjet AFFIDAVIT We/I, �tv°c S � L_ie Abi ( 1 r- being first duly sworn, depose and say that we/1 am/are the ownereof the ptdperty ascribed 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 port of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We I further authorize ► F0 O .i( rb i C to act as our/my representative in apy a ters regarding this Petition. Signature of Property Owner Signature of Property Owner e Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 3 day of'. ne 20 it./ , by l 1,X,\ arts LithiCI who i er nos ally k Yo me or has produced . as identifieation. lirl"`�l t State of Florida (Sign re/ County of Collier Florida) tor 4.M1 �mv t 41'1 MY MISSION iEEb44305 •ii-i EXPIRES:Jarwary25.2017 Banded Toro Notary Pubec� (Print,Type,or Stamp Commissioned Name of Notary Public) February 4,2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 3 of 34 Westview Plaza PUD Comparable Use Determination P1_2014-0066 Pre-application Meeting Notes (concurrent with SDP pre-app) PRE-APPLICATION MEETING NOTES &SUBMITTAL CHECKLIST C.4 SDP D SDP Amendment PL# 2014-0066 Date: 1-22-14 Firm: JR Evans Applicant: Michael Herrera Project Name: Westview SDP Proposed#of Residential Units: Proposed Commercial Square Footage: 5K Project Addr/Location: 3603 Westview Dr Size of Project Site: -5- acres SDP#for Amendments Zoning/Cond. Use/PUD: Westview Plaza Ord./Res.#: 83-45 (Circle One) Is SDP within a plat? Provide name and AR#: Meeting Attendees (attach sign in sheet) Assigned Planner: Fred Reischl PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 4 of 34 , Co er County f.OLLIEER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collierqov.net SITE DEVELOPMENT PLAN (SDP)APPLICATION,(SDPA)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH THE APPLICATION PACKET " ITEMS MUST BE IN THE EXACT ORDER LISTED BELOW " A COVER SHEET MUST BE ATTACHED TO EACH SECTION NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: i Cover letter briefly explaining the project 12 X SDP application(completed&signed) 12 X She Development Plan(signed&sealed)including cover sheet(LDC 10.02.03.8.1.b.) 12 X PUD document(if zoned PUD)or Conditional Use on CD 2 X Addressing Checklist 1 X PUD Commitments per LDC Amendment Ord.No.08-63,Sec I0.02.02.H 12 X ADDITIONAL COPIES OF SITE PLANS, as needed; 1 Architectural Review is required-1 additional set — 1 X Located in Pelican Bay Services District-1 additional set 1 X Located in the Bayshore/Gateway Triangle Redevelopment Area-1 additional set 1 X Located within the RFMUD or RLSAO areas-1 additional set 1 X Affordable Housing project-1 additional sel 1 X School Board Review,If residential **TO BE INCLUDED ON SITE PLANS: Native vegetation retention/mitigation plan,Section 3.05.07.8 **12 , / Site clearing plan/vegetation Inventory,(LDC 10.02.03.B.1.i.xii,LDC 10.02.03.B.1.d.) **I2 If clearing or filling outside Infrastructure Is requested,differentiate on site clearing plan(using **12 hatching and legend)the infrastructure clearing,stodcpile,and lot prep clearing as allowed by` - VRSFP regulations, Provide separate acreage calculations for each type of clearing requested 1 (LDC 4.06.04 A) Aerial photographs(taken within the previous 12 months min.scaled 1 200'),showing FLUCCS **12 X,/ Codes,Legend,and project boundary V Preserve management plan _. •*12 ZONING: Boundary&topographic survey(1 of 7 signed&sealed)per LDC 10.02.03.8.1.b.ii.(e)(LESS THAN 6 MONTHS OLD) 7 X Including opinion of title or property owner statement/Affidavit per WC 10,02,03.8.1.I.114e) 1 X Notarized letter of authorization from property owner designating applicant as agent(LDC 10.02.03.8.1.o) 1 X Recorded Deed or contract for sale(LDC 10.02.03.3.1.a.) (non-recorded deeds or Property Appraiser print-outs will not be accepted) 2 X PUD monitoring report 4 Property ID number and legal description 1 X Fee Calculation Worksheet&Review fees,signed 1 X ■ JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 5 of 34 CRT 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.coltierctov.net GIS: Copy of Site Development Plans(DING or DFX format)on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates LDC 10.02.03.8.1.b.iii 1 X LANDSCAPE&IRRIGATION REVIEW: --- Landscape Plans(signed &sealed),(LDC 10.02.03.13.1.cl(LDC A X)6) — 7 X NH,ation Plans LDC 10.02.03.8.1.0(LX 4.06) 7 X ARCHITECTURAL OR NON-ARCHITECUR TAL REVIEW: — 1 For projects subject to Architectural Review: Architectural plans must be 1/8"scale minimum(signed&sealed),including 1 color rendering, (LDC 10.02.03.8.1.111)Including: 6 1 Every Facade of each building must be shown on Architectural plans... ... - 1 Building cross sections or typical wall sections(LDC 5.05,08.C.10 and LDC 05.08.E.3) 1 Dumpster details:height,material and color(LDC 5.05.08.E.3) 1 Light pole details or cut sheet:height,material and color(LDC 5,05.08.E6) 1 Color paint chips and roof color point chips or samples(LDC 5.05.08,C.5.a) I 1 Floor plans and building elevations U This project qualifies for a separate"Alternative Architectural Design"submittal per 5.05.08.F. Additional fees($500.00)and submittal application Is required. --- For projects not subject to Architectural Review: X For projects not requiring architectural review: Floor plans and elevations with dimensions. This information,showing floor area by use,is intended only to determine that the use is compatible 6 with the Toning,establish parking requirements,and show building height measurements meeting Code. Full architectural or construction drawings are not needed. Simple floor plans&building elevations-w/-dimensions. This inform ation showing-floor , 1 determine that ihkiise is compatible with the zoning.establish parking requirements egashow building height peetina Code,If the project is ao subject to Architectural Code review, floor area use may be shown on the site plan and the building height shown on simple elevations, either on the site plan as an inset or on a separate sheet-full architectural or construction drawings are not needed, ENG1NEERING/STORMWATER: ,,. Drainage calculations signed&sealed by a professional engineer licensed in the State of Florida 3 •../ ' Estknoted cost of construction of Roadways Paving&Drainage SFWMD permit,permit modification,orsalyer(LOC 10.02.0313.1,1,)Including staff report 3 ‘.../ • exhibits 0:141. C4-v•...411.- - ._ - Engineer's Report with Assumptions&Explanations per Ord.2001-57 include 25-year 3-day 4 storm rooting_ _ — — —.. Ex cav a tion permit application 1 ‘7" .... Hydraulic Grade Line Pipe calculations for culverts 1 Li•hting Plan(multi-ftuniy) WI-merino Review Chaddist Signed by a Professional Engineer 1 vr L, - _ ■ UTILITIES: _ Estimated cost of utilities construction,Water& wer calculatio signed&sealed by a 1 N/ Professional Engineer licensed In the State of Flori a IF COWER CO k * n•ineer's Resort sinned&sealed, containing the following: 1 ewer Hydrau ics 3 1 Lift station hydraulics to first downstream master station ./ • •: • oyancy calculations ,/ Chloramine Piss p• • -op° I tyi 1 Fixture Count A - I Water and/or Sewer avallability_leer i ")S. (V4( Fixture Count 1 DEP utill installation .ermits water ,„11 LDC 10.02.03.6,1..1 1 Utility Review Chedclist or JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 6 of 34 Co' er County 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE I GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliiereciv.net TRANSPORTATION: Traffic Analysis Copy a Traffic Impact Statement(TiS)on CDROM Right-of-Way ermit application(Count FDOT ENVIRONMENTAL: Environment Impact Statement-printed co ies '1L.. va 1I. Environment impact Statement in electronic format Planner,Environmental � Original conservation easement document including signed and sealed legal description and boundary survey for preserve-include protective language,sketch and description in construction •Ians;contact review staff for current version (attach cover letter to documents) __ ._. _ Listed Species.Survey;less than 12 months old. Include copies of previous surveys ._ ._ -3', ✓/ OS ' 1„' Vegetation Removal&Site Fill Permit application iir USACOE permit and exhibits,(LDC 10.02.03.8.1.1.) 1 Approved wetland jurisdictional lines(less than 3 years old) 1111311 1". At en acce•ted UMAM WRAP scores 6... FIRE: MIMI Fire Flow Test from Fire Department(no more than 6 months old),(LDC 10.02.03.8,1.b,ii.(d)(ii 2 NE ■ Location of existing and proposed fire hydrants 2 Information in the Standard Building Code,type of construction,total square footage under roof,occupancy/use,fire sprinkler data(NFPA 1 141),(LDC 10.02.03.8.1.i1.d.)PLEASE INCLUDE THiS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF THE SiTE PLANS GOA; _. Completed Certificate of Adequate Public Facilities Application(LDC10.02.O7),including{t_e_ _ a••lication fee and estimated Transportation lm••ct Feo calculations. 2 Review b Utility Billing is required for verification of trash container requirements If located In RFMU (Rural Frin seMixe• •eceiv r. •,d 1 Alt iii Applicant must cantoct Mr.Gerry J.Lacavera,State of Florida Division of Forestry 239-690-3500 for Information regarding"Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A..2.o.(b)i.c. Affordable Housing or Economic Development Council Projects: Mil it EDC"Fast Track must submit approved copy of official application 2 0 Affordable HousinI "Ex.edited"must submit co. of sitned Certificate of Atreement. III School)Concurrent -School Impact Anal sls A Hcatian,residential •ro acts ant MISCELLANEOUS: lir"- ether required permits: 0 Check here if there are any Settlement Agreements associated with this property.Indicate type of agreement and agreement number, Route package to The Conservancy,Attn:Nichole Ryan Agreement# 0 Deltona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal Applicant/Agent Signature Date JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 7 of 34 Co oer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION) NAPLES,FLORIDA 94404 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coltiergov.net Notes required on the SDP: a. Exotic vegetation as defined by the Coll,er County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements,which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the - maintenance of the required irrigation system, d. The property owner is responsible for the perpetual maintenance of all features of the surface water management system as outlined by the design engineer on these drawings. e. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. Notes: ' ,.. 0f t� w c c �Tw - ... fic,...` ;art S/ kiV v �i . �j 3/? 11 (i(L-i?iCl— (till GF t-Af(j —M1014-. Pr2vtPl UJ111 fi y Di I1)M u` MIA ail tell CI 4 Mb air (GCQutit P¢, -iir pit e(uv. C t,ten LS 0,,`"6 04.6 Deli/1 110v r p\ ccPW. ---i. - ". rs - r I S 1 1 W\\ \' lift 5 A 0 b ,,,,_ c�^^tea,k... ` iJ '�..�°'1, .y _ V., Fa r\ . \n)l tz`� ,$) aPtri. a S $r-t" 4\vt\ y C ,N( 17 ' ift& 4 ,�.L bks(c . -L)f)o �Jttit\ lio.cX-,, U.f, .LSt f� p2o � . .s^A,,4•...p,. `i.IA ( wt ti4� Nh\Qh6 I te,N "- C i LJA. 5wwlt. -fi- tO t 5 — fl7 rei sr`zf.t, 1,,,,d 6).47`ere.. .% r04c.74 tee eleicem.'4 cl 4:v c;le/ ii4OfEs. rite_ .0416t? inlP f { cis.7re/'mr144.1 4' Iclie4s►S 8.4,-,0,465 A-er.,.i. ,. A a, f' wt_!-_ .... ! r t vl. d- V l , JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 8 of 34 .1 ., ._ ._. .. . i / 03 / ...... .. . i 1 f , 1..____(!..3.05,19.17, 14,1 ,1 1?4.4.4m4.‘e___ , • • , I p(evy, --- • -itr. .1-1f-t-4(f.1/LA'gr- A.;erter.A.'OL_C -62_/P.) AfrialYOIL. • _ I X it _. ,i_ PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Paije 9 of 34 II ... _ Co ffecam. nty ,.....r,-.... COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)262-6368 www.colliergov.net Fee Calculation Worksheet-Site Development Plans i i ID!? t j Residential only: $5,000.00PlUs$100 per residential structure, plus$40 per d—welling unit ai Number of Buildings: Number of DIU: g Non-residential only: $5,000.00 Plus$200 per non-residential structure,plus$0,10 per sq.ft. $ Number of Buildings: Total Square footage: O When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: 1 $5,000.00 Base fee $ - $200.00 per structure- - - $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at$0.05 per gross square foot of floor area(sq.ft. X$0.10)(sq.it. x$0.05) $ O $200 Fire review $ ir , :es. : :LS I i 0 . , — - El Residential only:$2,500 Plus$100 per residential structure plus$40 per dwelling unit $ Number of Buildings: Number of DIU: El Non-residential only:$2,500 Plus$200 per non-residential structure,plus $0.10 per sq.ft. $ Number of Buildings: Total Square footage: El When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: 42,500.00 Base”fee— • • -— $200.00 per structure $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at $0.05 per gross square foot of floor area(sq.ft. x$0.10)(sq.ft. x$0.05) $ E.1 $150 Fire review $ 1p*RoY' leweanseection_mg=xdfleaufrgl as pgcOrstIna ?0,04-31 Sectler04AL_ stD' Construction document review—0.75%of probable water/ o w construction costs Cost Estimate$ co . $ Construction inspection—2.25%of probable water/ ew construction costs I Cost Estimate$ ..kfijrcA 1 $ — •.:. . •.: g ; • ai 1,. _ diConstruction document review—0.75%of probable roadway,paving &drainage construction costs Cost Estimate$ $ 3J'Construction inspection—2.25%of probable roadway,paving&drainage construction costs Cost Estimate S. $ 0 $20 Environmental Health Review Fee,if applicable $ ,4grease trap,septic tank or underground storage tank) Mr' $250 Site Clearing fee(first acre or fraction of an acre,round acres up to next whole acre) $ plus$50 for each additional acre or fraction of an acre:($3,000 maximum) f.pj_ ip•:_. a, ;, : , :: —:•• R : . ti:t. :. a ' ••• •!` '' •'* 66 6: • - - - . - .." • • • ,1 ;Fa dation review fees)$ 14 Right-of-way Permit—Submitted directly to the Transportation Dep.wipplicable fees(774-8260) ,I Li Mies DI IU Utilities Modeling and Analysis Fee-$1,000 (per Resolution No. 08-53), applies only if zoned &is RI $ JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 10 of 34 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (u3o)25u'u*O0 FAX(28n)252'Vzo8 vm^wvonUi*,nuvuo« 500 Envi � | 0 A1000.00 Listed or Protected Species survey review fee(when an EIS ls not required) EY$300 Conservadon Easement application fee plus the following additional site fee. $2Vn.00 for CE acres feon(haI,5 *4VOD0 for CE area between 5act es and 10 acres;$8OU.OD for CE $500.00 for CE areas between 20 and 50 acres; and an additional$200.00 for every 40 acres of CE area over§Oacres. � . 6 COA application fee$2OO~$25 per D.U.ur per 1,00V sq.ft commercial(B5.000 max) & ' El Excavation Permit Fees(see next page for calculations) � ' | Fee Subtotal: Pre-application fee credit, if applicable | i -$ (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a now pro-application meeting will be required.) / Total Fees Required � (Make checks payable to Board of Co. Commissioners or BCC) Additional Review Fees for SDP (resubmittals): eReview=$1O0O '----*1thF<evew =S1500--------- '----------------------- 5th Review = $2OOO i 6th and subsequent reviews = $2.5OD Additional Review Fees for amendments to SDP (resubmittals): 3~ Review = $18QO 4th Review= $15UU 5th and subsequent reviews = $2.00D Additional Review Fees for Insubstantial Change to SOP (resubmfttals): 3rd Review=$1000 4th Review=$15OG m 5 and subsequent reviews = $2.000 Additional Review Fees for EIS(resubmittals): m 3 ReNovv= 81O00 m 4 and subsequent reviews = $ 5O0 JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 11 of 34 Couny,, COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www,collleracw.net Pre-Application Meetings Fee =$500 Fee will be credited toward application fee upon submittal with the following exceptions: 1. Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees and a new application meeting will be required. 2. Second and subsequent pre-application meetings, at the applicant's request, shall not be credited towards application fees. Second and subsequent pre-application meetings at staffs request will be held at no charge to the applicant. Project Meetings 1. Meetings with Land Development Services Department Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per%hour thereafter. 2. Additional Land Development Services-Department staff attending Meeting-rierapplidarif reqtiest, $75.00 per''t7.hour per staff member 3. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per%hour thereafter. JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08104/2014 Page 12 of 34 coo _ _....._ __.. ... .........._ _..__._ � Coen 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,calliergov.net l EXCAVATION REVIEW FEES REVIEW FEES; ❑Private: $400.00 Commercial: $2000.00 (� Development: $400.00 0 Modification: $300.00 Annual Renewal $300.00 ❑ Cubic Yardage Fee: $200 first 5000 c.y.; $10 per additional 1000 cy; maximum of$20,000.00 ❑ Inspection fee: $150 per month payable yearly at the time of the annual report C EXCAVATION PERMIT SUBMITTAL REQUIREMENTS: The following information is to be submitted with the site plan regarding the excavation: 1. Attachment"A" prepared by a surveyor or engineer registered in the State of Florida showing all information required in Section 22-111 of the Code of Laws and Ordinances;Ord.-04-55 2. Attachment"B"—For commercial applications,a list of names and addresses of nearby property owners as required by Section 22-111(3)d of the Code of Laws and Ordinances, Ord. 04-55. 3. Attachment"C"—Evidence provided by applicant that the excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. If owner is partnership, limited partnership. 4. If owner is land trust, so indicate and name beneficiaries; If owner is corporation other than public corporation, so indicate and name officers and major stockholders; If ownership is partnership, limited partnership or other business entity, so indicate and name principals. 5. Provide the following information on the Planting Plan for the LSPA: calculation table showing the required area for the Littoral Shelf Planting Area(LSPA); show the control elevation and the dry season water table (NVGD); the maximum water depth and estimated number of months of flooding for the range of planted elevations with the LSPA; a plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; planting locations of selected plants; and details of the appropriate signage denoting the area as a LSPA. JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 13 of 34 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coIllemov.net VEGETATION REMOVAL& SITE FILL REVIEW REQUIREMENTS: 1 Review Fees: Already listed under clearing fees The following information is to be submitted with the site plan regarding the VRSFP's: 1. Provide the calculations to justify clearing up to 25 acres for storage of excess lake material. JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 14 of 34 _ ._ .. . __. Co far County r COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE l• GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.calliergov.net SDP/SIP DATA TABLE, RECOMMENDED FORMAT Zani no, „.y..14...0„,expjerly Es Sutippaciing(example) SUBJECT PROPERTY: PUD(Westview Plaza) . 1 SURROUNDING: (\ _ I(Industrial) S_Gail Blvd ROW,then E Estates-- i RSF-3 (Residential) W,, - pUD Westview Plaza). - • - • „ . _ _. , _ --- Setbacks,Interiorlots(exompii SITE DATA FRONT YARD SIDE YARD #l (te) SIDE (S) REAR REQUIRED 25' 15'or 1/2 BH 031-1 = 30) 5 15'or 1/2 BH(BH = 31/ PROVIDED -- 50' 1 .5' DE YARD#2 25' YARD 251(PRESERVE SETBACK") 25' — — $0hocies,Corner Lots/Lots having more than one street Frontage foxamplel - - - ”StTE-DATA------------- - -REQUIRED-- „.„___________.....„..„........ .. ...., _. .. .. 'PROVIDED— , FRONT YARD (NE*)_ 25 25.5' FRONT YARD#2(SE) 20'(REDUaD 2ND FY SETBACK 20' PER PUD DOC,SEC 3A.5**) SIDE YARD#1 (SW) 15' 5.5' SIDE YARD 42 (NW) 15' 30' " Use closest corresponding compass pointa N, NW,S,SE,etc. ** Explain special yard requirements or allowances&cite PUD document where applicable Separation of structures jpiramplel REQUIRED PROVIDED 15' 17' . or 1715'or 1/2 sum of building heights(SBH) 1 20'(SBH =40',li r2 X 40'= 20') 1 Building height (example) REQUIRED PROVIDED , 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft _ 1,850 sq ft JUNE 2011 PL2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 15 of 34 -t-D. = ..1 c a) 0 5 III a) .1). c 6 a) c - c • >: 0)46i c _, 4 >: -5 > , • 0 0 0) 0 0 (1) , a) ..,! _ di Iii ,..,› c(1) c cb u, co . c - 2) 5 5 (ii '°. c, -8 5 EY? ., . . ex l• ,,.. --v.... a 1-=-_ i- " 0) 0 k- 0 C) ■ J 64)vw (A)q:;).N4 0 a) .a...) 2).- T \....-.,./ v..--, tsj (r) 0 = — 0 = ._.. 2 -c - c,S -,,-ti ..g_ a To -6 = 8 -0- © I) g 13) col -6 NI .5.3.3 --' 3.. 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ORDINANCE 83-45 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM C-I TO PUD PLANNED UNIT DEVELOPMENT FOR WESTVIEW PLAZA LOCATED AT THE END OF WESTVIEW DRIVE, NORTH OF GAIL BOULEVARD, WEST OF DONNA STREET AND EAST OF ft- AIRPORT ROAD; AND PROVIDING AM EFFECTIVE DATE; i) WHEREAS, Post, Buckley, Schuh b Jernigan, representitrg,) i Strom and Harvey, petitioned the Board of County Coamsiasiohere tq, f change the Zoning Classification of the herein described rear property; NOW, THEREFORE BE. IT ORDAINED by the Board of County Commissioners • of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property -: located in Section I, Township 50 South, Range 25 East, Collier County. x}' Florida is changed from C-I to "PUB" Planned Unit Development in accordance vith the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference roads part hereof. The Official Zoning Atlas Map Number, Number 50-25-I, ae described in Ordinance 82-2, is hereby emended accordingly. BOOK 017 w229 229 • 4-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 19 of 34 i ---1 4 SECTION TWO This Ordinance shall become effective upon receipt of notice oe that in hae been filed with the Secretary, of State. DATE: August 16, 1983 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: 1i , WILLIAM J. REAGAN, C • MARY-YitARCES KRUSE, C IRNAN 0‘l•) 0 i I -i w ' PUD Ordinance STATE OF FLOIUT}1 ) COUNTY OF CIILLIFI1 ) I, WILLIAM 3. RF.NA , Clerk of Courts in anc' for the Wentieth Judicial Circuit. Collier County, Florida, do hereb-certify that the foregoing is a true original of: OROM ANCE NO. 83-A5 w:hith was adopted by the Board of County Camd.ssio ers during Regular Session the 16th day of August, 1983. tdITNESS my hand and the official seal of the Board of County 4CCorr rrdssicners of Collier County, Florida, this 17th day of August, I1II.LLA?'. J. REAGA.N This ordinance filed with the Clerk of Courts and Clerk Secretary of State's office the Ex officio to Board of 22nd day of Aug., 1983 and County Coat tissionera i acknowledgernent of that filing received this -. day of Aug. 1983. • ! . C4 :r~ • 0 .A r. to 100K '!J 7 ME •-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Pa6�'1t)of 34 i • 1( } `s cE { PLANNED UNIT DEVELOPMENT DOCUMENT FOR • NESTYIEN PLAZA • u t / Prepared By: Post, Buckley, Schuh A Jernigan, Inc. Naples, Florida t A Date Issued: ' ' *$ Date Approved By CAPC: � Date Approved By BCC: La�4744,24/g* �" ,�;tlT� BOOK oil 2: } 4-0066,Wesiview Plaza PUD Comparable Use Determination 08/04/2014 Page 21 of 34 } TABLE DF CONTENTS SECTION I: LEGAL DESCRIPTION SECTION II: COMMERCIAL DEVELOPMENT REGULATIONS SECTION III: DEVELOPMENT COMMITMENTS SECTION IV: EXHIBITS • .ti 'SS eoox 017 ruE232 4-0066, Westuiew Plaza PUD Comparable Use Determination 08/04/2014 Page 22 of 34 • a..,.— • SECTION I: LEGAL DESCRIPTION s • 1.1 LEGAL DESCRIPTION OF THE PUD PARCEL All of the South 8 of the Northeast h of the Northwest h of Section 1, Township 50 South, Range•25 East, Collier County, Florida, subject to easements and restrictions of record; containing 20,37 acres more or less. • Also known as Wcstview Plaza, as recorded in Plat Book 13, Page 50, of the Public Records of Collier County, Florida. r. f` 4 j1 • 'ON 017 rAct 233 2014-0066,Westview Plaza PUD Comparable Use Determination, 08/04/2014 Page 23 of 34 • er-- l .1 SECTION 11: COMMERCIAL DEVELOPMENT REGULATIONS 4 2.1 PURPOSE r. The purpose of this section is to set forth the regulations for the development of the proposed 20.37 acre Planned Unit Development known as Westview Plaza. 2.2 PERMITTED USES AND STRUCTURES, SUBJECT TO SITE PLAN REVIEW • No building or structure, or part thereof, shall be erected, altered k or used, or land or water used, in whole or in part for other than the following: 2.2.a. Permitted Principal Uses And Structures: 1. Art Studios and Art Supply stores 2. Automobile part stores 3. Banks 4. Barber and beauty shops 5. Blueprint and engineering supply shops 6. Ousiness and professional offices (including retail) 7. Cemeteries and Mausoleums (human or pet) B. Churches or other places of worship 9. Civic and cultural activities 10. Clothing stores 11. Colleges, universities, schools and other educational fa- cilities 12. Confectionary and candy stores , r, 13. Delicatessens 14. Drug stores 15. Electrical supply stores 16. Financial institutions i 17. F`orist shops 18. Food markets z, 19. Funeral homes 20. Garden supply stores 21. Gift shops 22. Gourmet shops 23. Hardware ,r 24. Health food stores 25. High technology precision manufacturing uses where the product is of a small nature which does not generate odor, noise, etc., which is detectable from off the premises; e.g. optical, den- tat, hearing aids, medical instruments, computer components, etc. 26. Hobby supply stores 27. Ice cream shops -g, L2014-0066,Westview Plaza PUD Comparable Usnetglilgrf"34 08/04/2014 Page 24 of 34 a 28. Interior decorating showrooms 29. Jewelry stores 30. Laboratories, provided that: a) No odor, noise, chemical discharge, etc., detectable from off the premises are generated; b) All work is done within enclosed structures; and c) No product is manufactured or sold, except incidental to development activities 31. Medical clinics 32. Medical laboratories 33. Medical offices (for human care) 34. Mortgage brokers 35. Music stores 36. Office supply stores 37. Paint and wallpaper stores (retail) 38. Pet stores (no outside kenneling) 39. Photographic equipment and supply stores 40. Real estate offices 41. Repair shops (radio, television, small appliance, shoes and other items of a small size or nature) 42. Research, design and development activities (high technology), provided that: a) See restrictions for laboratories 43. Shopping centers (not to exceed 25,000 sq. ft.) 44. Transportation, communication and utility offices (not including storage of equipment) 45. Veterinary clinics (no outside kenneling) • 45. Watch and precision instrument sales and repair 47, Any other professional or commercial use which is comparable in nature with the foregoing uses which the Zoning Director determines to be compatible in the district. 2,2.h, Permitted Accessory Uses And Structures Accessory uses and structures customarily associated with the uses permitted in this district. 2.3 DEVELOPMENT STANDARDS 2.3.a. Minimum Lot Area: One (1) acre 2.3.b. Minimum Lot Width: Two hundred (200) feet 2.3.c. Minimum Yard Requirements: 1) Front Yard - Fifty (50) feet 2) Side Yard - Fifty (50) feet 3) Rear Yard - Fifty (50) feet 1 ecox 017 r235 -0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 25 of 34 • 2.3.d. Maximum Height Of Structures: Thirty (30) feet above the finished grade of the lot. 2.3.e. Minimum Floor Area Of Principal Structure: One thousand (1,000) square feet per building on ground floor. 2.3.f. Minimum Distance Between Structures: Thirty (30) feet or 1/2 the sum of the heights, whichever is greater. 1. 2.4 SIGNS 2.4.a. Maximum Height: Twenty-five (25) feet. 2.4.b. Minimum Front Setback: Fifteen (15) feet. 2.4,c. Individual Business Signs: 1) One wall, marquee or hanging sign per business, (no maximum height), with an area not more than twenty percent (201) of the total square footage of the front wall to which it shall be affixed, with a maximum of 250 square feet. 21 One on-premise sign per lot, with a maximum area of one hun- dred (100) square feet. Maximum height, twenty-five (25) feet. 2.4.d. Project Identification Signs: t j 1 ) One directory sign located at each main entrance, with an area not more than 250 square feet or One project sign located at each main entrance, with an area �,. not more than 100 square feet. 2.5 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Zoning Ordinance in effect at the time of application for building permits. 2.6 MINIMUM LANDSCAPING REQUIREMENTS AND REQUIRED DUFFER AREA As required by the Zoning Ordinance in effect at the time of application for building permits. 2.7 LOADING AND UNLOADING PROVISIONS As required by the Zoning Ordinance in effect at the time of application for building permits. 2.8 LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways asd neighboring properties from direct glare or other interference. ;- ram 017 ilAcE236 • L2014-0066.Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 26 of 34 Peel r#7.7:1 , F • • 2.9 MERCHANDISE STORAGE AHD DISPLAY There shalt be no outside storage or display of merchandise. t, . 4 Fx ,hf '9 • _S. x 017 rME 237 -0066,Weshriew Plaza PUD Comparable Use Determination 08/04/2014 Page 27 of 34 { • SECTION IiI: DEVELOPMENT COMMITMENTS 3.1 ADDITIONAL DESIGN REQUIREMENTS 4 Additional guidelines which are more stringent than those contained in the Zoning Ordinance in effect at the time of application for a building permit may be established by the developer to ensure maximum consistency and con- tinuity within the project as well as with the character of the surrounding • residential neighborhood. �s 3,2 LANDSCAPE BUFFER STRIP f The developer will provide a landscaped buffer strip, not less than 10-feet in width, which will achieve eight (80 feet in height and 8U5 opacity with- in 12 months of planting, along the southern and eastern property lines. Existing vegetation will be utilized wherever the required criteria is pre- sently being met. Gaps in existing vegetation caused by previous clearing operations along the southern property line will be replanted with vegeta- tion eight (8) feet in height and 80% opaque. Seedlings which will meet the required criteria within 12 months will be utilized elsewhere in the buffer strip. 3.3 STREET MODIFICATIONS The developer will eliminate the existing pavement connection of Westview Drive and Donna Street. Although the Westview Drive right-of-way will con- tinue through to Donna Street, for possible future re-connection, the pave- ment connection will be removed and a turn around provided at the easterly end of Westview Drive, so that access to Westview Plaza will be allowed from Airport-Pulling Road, only. • 3,4 TRAFFIC IMPROVEMENTS When deemed warranted by the County Engineer, the developer or his assigns shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Airport-Pulling Road and Westview Drive. Any rV and all traffic signals shall be owned, operated and maintained by Collier j County. 3.5 BUILDING CONSTRAINTS Each commercial lot shall be limited to a fifty percent (50%1 impervious density in accordance with the previously approved water management design for this property. 3.6 DEVELOPMENT PLAN 3.6,a. Parcel Use Criteria The parcel use designations illustrated in Exhibit 4.1 which ac- companies this submission, reflects the permitted uses specified in Section 2.2.a. `6` eooK Oil X238 2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 28 of 34 4 N 3.6.b. Site Plan Review .i Prior to the issuance of building permits for each parcel, an individual site plan shall be submitted to the Zoning Department for their review and approval. IN• ,R s. X 4 1. 0- t' `V1 t F i etaa 017 ?ACt239 r - -7- - r , '" 1066,Westyiew Plaza PUD Comparable Use Determination 08/04/2014 Page 29 of 34 SECTION IV; EXHIBITS 4.1 PURPOSE AND INTENT The Master Plan (Exhibit 4.1) is a visual representation of the pro- posed Westview Plaza commercial PUD. This plan is not intended to represent the final development plan for individual lots. Actual building sizes and locations, parking lots, etc., will be determined by the actual use on each lot and will be subject to individual site plan review and approval at the time of application for a building per- mit. �q- t 44-. .3. Yt Sf • F t 017 r240 •8- PL2014-0096,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 30 of 3 ..................... .. a" '9 RECORDER1d8KO, Legibility �� o at veleta& TypIng or Printing e*aedataetory Id Ala doaoaaaat when taael e& y[ 1011111121=1111 s >1 6, If 1 r ��t�rr�� . t 11 .e.�*.'".'di ,, il•7T.--r... 'Arewixst 7 Y__1� � i i j rasa mr r^t.,.r, ! ' i 1..._. �,- 1 I ' , HI r N. '.: ; , . 1 ----•ter-'-c.,-8-.: ,..-.+ / .....,•, .�.....ee., ' ' ! /:// 1 11' 4 1' t. 1A sr 1 '14 1 i i `€ •; I I t, ": . 7.:t '... 1 ,.... ti, f } , ! x j t ' 11 " : li ; ' 1 .P,1 ' r II •r i ` .k4 , . i I It 1. .t II r 1 I 1, i 1 11 I� 1 . I I ``r r I , F I { !.._ ._ ._�..... 1 r (( I1 11 reuaeaeauuaara eutaueleaetauee n� aoet' aza'urear of PACE /2014 Page 31 of 34 066,Westvldw aze •II• omparable Use Qettn 9 Westview Plaza PUD Comparable Use Determination PL2014-0066 Comparable Use Determination Analysis Letter ri(HZ J.R. EVANS ENGINEERING February 26, 2014 Mr. Fred Reischl, AICP Senior Planner Planning &Zoning Department 2800 N Horseshoe Drive Naples FL, 34104 RE: Westview PUD Comparable Use Determination, PL2014-0066 Dear Mr. Reischl, The petitioner is requesting a determination from the Planning Manager and approval from the Office of the Hearing Examiner that the proposed use of a 5000 square foot storage facility in a fully enclosed building is a comparable and compatible use within the Westview Plaza PUD: Background: The Westview Plaza PUD property was rezoned from C-1 Professional Commercial to Westview Plaza PUD in August of 1983. The permitted principal uses include: Industrial and Business Park Uses, as well as a range of Commercial uses from the C-2 Convenience Commercial District to the C-4 General Retail Commercial. The existing uses within the Westview Plaza PUD include the following uses: a 20,000 square foot decorative plumbing distribution and warehouse/storage facility(Herbeau); manufacturing and wholesale of bonded and coated abrasives, carbide burs, and wire brushes(United Abrasives);designer furniture warehouse/storage(Warehouse Services); a large new building on 7 acres for light manufacturing and small equipment; and a 4100 square foot combination of office showroom and warehousing/storage. Analysis: The Westview PUD is a 20.37 acre parcel located on Westview Drive, east of Airport Road, with Donna Street to the east and Gail Boulevard to the South. It is abutting Industrial zoned property to the west and north, as well as Radio Square PUD, also to the north. Radio Square PUD is an industrial PUD that includes office showroom and warehouse/storage. The eastern boundary separated by Donna Street is zoned RSF-3 developed with single family 23150 Fashion Drive,Ste.242,Estero,FL 33928 C 239.825.9322 I F 239.288.2537 Anrto a,}revansen neerin corn ~ittt ' clga PUD Comparable Use Determination 08/04/2014 Page 32 of 34 Westview PUD Comparable Use Determination Page 2 homes and to the South boundary across Gail Boulevard is large lot Estate zoning, developed with single family homes. The permitted uses within the Westview PUD include: Business Park, Research &Technology Park, Industrial uses and General Retail Commercial. The industrial uses permitted within the PUD are: High Technology precision manufacturing of small scale products, laboratories, Research, design and development activities. The general retail commercial uses include: banks, business offices, retail uses,food stores,garden supply stores and small scale shopping centers(under 25,000 square feet). Restrictions of the PUD include: no outside storage or display and no odor, or noises. In reviewing the PUD and it's permitted uses,it is a mixed use PUD including a variety of industrial and commercial uses. The petitioner is requesting that an"indoor only storage facility be permitted in this PUD district as a comparable use, which is compatible with the other uses in the PUD. An indoor only storage facility is comparable with uses that include manufacturing and warehousing/storage uses, as well as the general commercial uses listed. Warehousing and storage are components of manufacturing facilities which are permitted and existing uses within this PUD. The existing uses permitted within the PUD already include warehousing, storage,manufacturing and distribution of goods. An indoor storage facility is compatible with the other permitted uses in the PUD. The scale of the proposed storage building at 5000 square feet will be smaller in size and scale compared to the existing uses which range in size from 4100 square feet to 20,000 square feet. A storage facility is the same as the existing warehouse and storage facilities that exist within the PUD. The traffic generation is for a storage facility is lower and less intense when compared to the other manufacturing,warehouse/storage and distribution uses that are currently exist within the PUD and much less than the general retail commercial uses permitted within the PUD. The chart below identifies the traffic generation rate for each use. Description of use ITE Code Rate Weekday Daily Traffic* PM Peak Period Rate* Industrial Park 130 6.96 .86 Manufacturing 140 3.82 .74 Warehousing 150 3.56 .32 Mini-Warehouse 151 2.50 .26 PL2014-0068,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 33 of 34 Westview PUD Comparable Use Determination Page 3 1 Corporate Headquarters 714 7.98 1.40 Medical Dental Office 720 36.13 3.46 R& D Center 760 8.11 1.07 Hardware/Paint Store 816 51.29 — 4.84 Shopping Center 820 42.94 3.37 Auto Parts Sales 843 — 61.91 5.96 Walk in Bank 911 156.48 12.12 Trip Rates per 1,000 square feet Source: Trip generation rates from the 8th Edition ITE Trip Generation Report There is no odor, no outside storage or display and minimal noise, basically truck or car traffic for delivery and pick up of items that are stored in the facility. Lighting is similar to other uses within the PUD. Landscaping and buffers have been provided as a requirement of the PUD. A storage facility is compatible with and a less intense use In size, scale, traffic generation than the existing uses that include manufacturing, warehouse/storage, distribution and office showroom. Conclusion: An indoor storage facility is a comparable use to the permitted and existing uses identified in the Westport Plaza PUD document and is compatible with the surrounding industrial uses and permitted commercial uses within the PUD. The Collier County Land Development Code permits air conditioned, mini and self-storage warehousing as a conditional use in the C-4 Commercial District(SIC Code 4225)and storage and warehousing is a component of manufacturing uses which are permitted uses within this PUD. Sincerely, fpir* Anita Jenkins,AICP Director of Planning PL2014-0068,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 34 of 34