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HEX Backup Documents 08/14/2014
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS 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 FORJHAT 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-P120140001133 — 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-P120140000248—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-PL20140000891— 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, RtA, Principal Planner] D. PETITION NO. DRD-P120130002648 — 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 S 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 PDI-PL20140001133 8/14/14 Teresa L. Cannon Terafina PUb From: Sawyer, Michael Sent: Tuesday,July 15, 2014 4:58 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; 'MorganTrish'; Neet,Virginia; Rodriguez, Wanda;Wells, Laura Subject: 2x3 Ad Map NDN Ad 7-15-14, HEX 8-14-14 Attachments: NDN Ad 7-15-14, HEX 8-14-14.rtf; PDIPL141133(2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thank much, Michael Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 July 15, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida HuxinmaN P 6 if pP 1 PI I /i FN. Y O 3) O 3) D O Teresa L. Cannon From: Rodriguez, Wanda Sent: Wednesday, July 16, 2014 8:42 AM To: Sawyer, Michael; Minutes and Records Cc: Ashton, Heidi; Stone, Scott; Neet, Virginia Subject: request for advertising, Terafina/Riverstone PDI-PL20140001133 - HEX 8-14-14 Attachments: NDN Ad 7-15-14, HEX 8-14-14.rtf; PDIPL141133(2x3).pdf The title language matches that most recently approved by this office, and the ad run date is appropriate. OK to proceed. Heidi and Scott —this item was added to the 8/14 HEX agenda after your review of the titles last week. Wanda Rodriguez, .ACT .Advanced Certified Paralegal- Office of the County .Attorney (239)252-8400 From: SawyerMichael Sent: Tuesday, July 15, 2014 4:58 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'MorganTrish'; NeetVirginia; RodriguezWanda; WellsLaura Subject: 2x3 Ad Map NDN Ad 7-15-14, HEX 8-14-14 Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thank much, Michael Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 1 #076397 July 16, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: PDI-PL20140001133, Terafina PUD (w/MAP) Dear Legals: Please advertise the above referenced notice Friday, July 25, 2014, (w/the attached map) and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450046717 July 16, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL. 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida t1.1111411.01 I -I r gds 1 ii 3 P I - NR ., r I o$ D O` uI —1 m A . /A z-1 E s Teresa L. Cannon To: Naples Daily News Legals Subject: PDI-PL20140001133, Terafina PUD Display Ad Attachments: PDI-PL20140001133 (HEX).doc; PDI-PL20140001133 (HEX).doc; PDI-PL20140001133.pdf Legals, Please advertise the attached Display Ad w/Map on Friday,July 25, 2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Attachments: NDN231130907.CCHEX Proof.Terafina.072514.pdf Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL.34104,to consider: 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. B 9 10 it QUAIL PARNURDS WASP. NEST ORO PROJECT LOCATION DUML GREEN 7r!r. WASOL HERITAGE)BAY 17 m 15 14 DA MHO ESTATES 01 OLDE CWRE55 WAIL 1.01CMONE LAKE X�II WASOL HERITAGE BAY ORO 20 21 22 g 23 OWE a1FRESS — (OPo) ADDE'S oL.t,mron GORIER\ NAPLES-IMMOKALEE ROAD C.R 846) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231130907 July 25.2014 Teresa L. Cannon From: Teresa L. Cannon Sent: Monday, July 21, 2014 4:20 PM To: Neet, Virginia Subject: FW: #231130907.CCHEX Proof.Terafina.072514 Attachments: NDN231130907.CCHEX Proof.Terafina.072514.pdf Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©naplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 Teresa L. Cannon To: Sawyer, Michael (MichaelSawyer @colliergov.net); RodriguezWanda (WandaRodriguez @colliergov.net) Subject: FW: #231130907.CCHEX Proof.Terafina.072514 Attachments: NDN231130907.CCHEX Proof.Terafina.072514.pdf Please review and ok, asap. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©anaplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 Teresa L. Cannon From: Sawyer, Michael Sent: Monday, July 21, 2014 4:46 PM To: Teresa L. Cannon; Rodriguez, Wanda Subject: RE: #231130907.CCHEX Proof.Terafina.072514 Looks good to go. Thanks, Michael Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday, July 21, 2014 4:18 PM To: SawyerMichael; RodriguezWanda Subject: FW: #231130907.CCHEX Proof.Terafina.072514 Please review and ok, asap. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©anaplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 1 Teresa L. Cannon From: Neet, Virginia Sent: Tuesday,July 22, 2014 8:28 AM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez, Wanda Subject: RE: #231130907.CCHEX Proof.Terafina.072514 Teresa: I checked the proof against the ad request and it looks good. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Teresa L. Cannon [mailto:Teresa.Cannon©collierclerk.com] Sent: Monday, July 21, 2014 4:20 PM To: NeetVirginia Subject: FW: #231130907.CCHEX Proof.Terafina.072514 Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidoranaplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, July 23, 2014 11:57 AM To: Teresa L. Cannon Subject: RE: #231130907.CCHEX Proof.Terafina.072514 Thanks! Released for publication... From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, July 22, 2014 8:39 AM To: Polidora, Carol Subject: RE: #231130907.CCHEX Proof.Terafina.072514 Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: #231130907.CCHEX Proof.Terafina.072514 Hi Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing NAPLES DAILY NEWS Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, Published Daily FL. 34104,to consider: Naples,FL 34110 PETITION NO. PDI-PL20140001133 - G.L. Homes of Naples Associates II, Ltd. is a requesting an insubstantial change to Ordinance No. 04-15,as amended,the Terafina Affidavit of Publicatioi Planned Unit Development also known as Riverstone, to allow windows on the State of Florida 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 Counties of Collier and Lee subdivision and north of the Old Cypress PUD in Section 16, Township 48 South, Range 26 East, Collier County, Florida, consisting of 637 ±acres. Before the undersigned they serve as the appeared Daniel McDermott, who on oat a 9 10 11 WAIL PARKLANDS MIRASOL Inside Sales Manager of the Naples Daily NEST (°R) newspaper published at Naples, in Collie * distributed in Collier and Lee counties o PROJECT LOCATION attached copy of the advertising,being a ODAIL CREEK MIRASOL HERITAGE SAY (DRI) 17 ID 15 4 PUBLIC NOTICE DA AND ESA TES IN in the matter of PUBLIC NOTICE � d0E CYPRESS WAI II E LONCSHORE MIRASOL LAKE HERITAGE BAY was published in said newspaper 1 time , _ 20 21 22 23 g. (23 OLDE on July 25, 2014. (G �— mars P M,.,..,oR — NAPLES-IMMOKALEE ROAD C 846) Affiant further says that the said Naple . published at Naples, in said Collier Cou All interested parties are invited to appear and be heard. All materials used in newspaper has heretofore been continuo presentation before the Hearing Examiner will become a permanent part of the record. County, Florida; distributed in Collier a Copies of staff report are available one week prior to the hearing. The file can be each day and has been entered as second reviewed at the Collier County Growth Management Division, 2800 North Horseshoe office in Naples, in said Collier County, : Drive, Naples, FL. year next preceding the first publication The Hearing Examiner's decision becomes final on the date rendered. If a person advertisement; and affiant further says th decides to appeal any decision made by the Collier County Hearing Examiner with promised any person, firm or corporation respect to any matter considered at such meeting or hearing, he will need a record of Commission or refund for the purpose of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon publication in the said newspaF. . which the appeal is to be based. - `C • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision (Signature of affiant) of certain assistance. Please contact the Collier County Facilities Management n' Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. S )219th to and subscr`bed r efore me T dayrof , , 20 .4 Mark Strain, _ Chief Hearing Examiner �/U� I , � Collier County, Florida (Signature of notary public) No.231130907 ,July 25.2014 A'�6 CAROL POLIDORA - -- `' 4...'T.1 MY COMMISSION#EE 851758 C.:•,:.-,,,,—,..,'' A_= EXPIRES:November 28,2014 I 1,--r Bonded Thru Pichard Insurance Agency OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM AUG�1 �V C_Jj`? TO: Minutes & Records, Clerk of Courts ByA- FROM: Wanda Rodriguez,ACP /- DATE: August 20, 2014 RE: Hearing Examiner Decision(s) from August 14, 2014 Attached are the signed HEX decisions from the Hearing Examiner hearing on August 14, 2014. Attachments: HEX No. 2014—20 HEX No. 2014—21 HEX No. 2014—22 HEX No. 2014—23 HEX No. 2014—24 [05-00A-01253/813782/11744 HEX NO. 2014—22 HEARING EXAMINER DECISION 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. DATE OF HEARING: August 14, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code have been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140001133, filed on behalf of G.L. Homes of Naples Associates II, Ltd. by Robert L. Duane, AICP, with respect to the property as described in the Terafina PUD, Ordinance No. 04-15, as amended, for the following insubstantial change: • to revise Section 6.5, Table 1, Development Standards, and add Section 6.6 E, Deviations, to allow windows on the Zero Lot Line yard side of residential dwelling units. Said change is fully described in the Terafina PUD amendment attached as Exhibit A. ATTACHMENTS: Exhibit A—PUD Amendment LEGAL DESCRIPTION: All of Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the Westerly 80 feet thereof. [14-CPS-01331/1106891/1]35 1 oft APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Mark Strain, earing Examiner Approv;. as to form and legality: Scott • . Stone Assistant County Attorney [14-CPS-01331/1106891/1135 2 of2 EXHIBIT "A" Page 1 of 2 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 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE AND ATTACHED DWELLING 0 DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F per 1 AC S.F. S.F.(1) d.u. Minimum Lot Width(2) 50 35 45 30 100 Front Yard Setback 20(4)(6) 15(4) 15(4) 20(4) 20(4) (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 common open space areas Rear Yard Setback: 10 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory Pools and Spas(5)- -lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Screen enclosures —lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Pools and Spas(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 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 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. BH=Building Height [14-CPS-01331/1110090/1p9 1 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstone/Terafina PUD Revision Date:August 14,2014 Words underlined are added;words stnislE-thfeugh are deleted; ***indicates break in pages EXHIBIT "A" Page 2 of 2 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 LDC 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: 1. Deviation #1 seeks relieffrom 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. [14-CPS-01331/1110090/1p9 2 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstone/Terafina PUD Revision Date:August 14,2014 Words underlined are added;words struck-through are deleted; ***indicates break in pages AGENDA ITEM 4-A • Co er 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-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 Immokalee 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 Hearing Examiner July 17,2014, Last Revised:July 21,2014. LEE COUNTY , r •�1 . m• 020)'x °o ,o ii ROD 011 11. la RPM/ r • '' • i.uiu f �1 . e. ....... ' PROJECT Q� LOCATION 11 0r]' rear •.a 111 �� SITE •�.• a ,e LOCATION ,. ° ° ••••I•& - �■�j�;/.J C��i i ym=;!,s,:—"s+tt0 tsr,ga'•1ae➢taIaaaIa4RaSa� 1„w 1r 3� l•h a�f 4 i2 i e 3tss.a e la� € ��//u■/■►� t!:hp allt � � al w „ - - FA 1��00 \, sT 1 ee 0,011121 t 0 ° °we ,e tiiii i �11 II • ee fsf •°' L •. ■ q ,t 1Nliff•, git tti�� ROM. 91•530/920 7,-7 0.0100.1.26 021.11011 20012 n °° m . llip ..1 .6., MT 97 er rn. es. °"N° ` °°� u,o �w°: .eea 1101211010110121101011. er�n. 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Ire ` "kG►t ty�, '+ � f vx_E.F OR ■ kfitir • L t , tt't . iltlikti l ,rl / ' ► .„,. .r ..,,„,..44 TERAFINA/ ` �• kart ♦ `attl/4/, i "*. �t1-»-- �--'�ti.... ,irpi�w r RIVERSTONE Mir ' 1, ...-�' 41r�` l PUD `r OP 4 • IR•GV r .flylf �►lrl ,z 1. 11' xn` 11 re - �'.. , 44,. „ie. is,„ t 'y ,::,.-, ■• I,- *:1...".ve ..„, .- 9{ 'At z.o 7:7 /tee €z. . , 14t: W r,� =r---�tll � i_L A mot, � ��. ,. R J� ,� 12� 'i" I ',0,4z Aix 1s ,$ /4.4 \Iiltlllllll,Mitot 1+1: 111910',, 1,0 . ov ,oaC°rvArti �j � li►lllt 1lMK iI11K1r1,4Y • .. V k,„ �"''j` tee"#♦ od 4. ► �,v '1-ANT z 4∎CT • . v. `f .`y t ,,..^,,. lain .U..1:: , % ie ,, i 44 a-� r ' } v ,r r •lk. x�'a r *+4 *i}..kist E t."4.90R ;-`;:X" its, .-:!::%/:"." �.,.. }� 1 e: 41'.."'' 441• e n m x •:r •',10;44• .1 ,. ... �.. t•IPwY 0,14.1? r 1 is • 4: ; lt M 1 1` s F, VV ` a :.,%f_ k, .p'440, t_ saj0Ir_ R�'? t , ; , M +. 1 z ''••a' a `.-,4t,, - -karma . k'. Ca `coo^A c-arm Manes tL, • - 0�.s y }1 0—121 ,> Aerial Photo(subject property depiction is approximate) 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 1 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 air flow, 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 10.02.13.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. 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)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The 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-PL20140001133. Attachments: A. Application B. Rezone and PUD findings for initial approval of PUD (Ordinance number 04-15). PDI-PL20140001133: Terafina/Riverstone PUD Page 7 of 8 August 14,2014 Hearing Examiner July 17,2014, Last Revised:July 21,2014. PREPARED BY: I AI / la)" I H•, L SA. YER, PRI CT MANAGER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: RAYMON V. BELLOWS, ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT 7-0- /c/ 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: 1. 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 ±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 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 LDC to assure harmonious relationships between projects automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 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. Robert L. Duane & Associates Land Planning & Zoning Consultants l lls C.R 4880 Tamarind Ridge Dr. Naples FL. 34119 (239)353-4167 robertrosalba.duane @yahoo.corn Terafina/ Riverstone PUD (FKA Terafina) PL20140001133 Insubstantial Change PDI July 31, 2014 Co er Count th° y r., COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 WNW collierxov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83--2-90 Ch.3 6.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): G.L. HOMES OF NAPLES ASSOCIATES 11, LTD.* Address: 1600 Sawgrass Corporate Pkwy.Suite 400 Sunrise FL 33323 State: ZIP: 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: 'Robert L. Duane, AICP. Robert L. Duane a Associates 4880 Tamarind Ridge Dr. Naples, FL.34119 (239)353-4167 robertrosalba.duaneeyaboo.com *Kevin Ratterree, AICP, V.P. G.L. Homes 1600 Sawgrasa Corporate Pkwy. Suite 400 Sunrise, FL.33323 (954)753-1730 FAX (954) 575-5240 kevin.ratterreeeglbomes.ocm E-Mail Address: kevin.ratterree @glhomes.com / robertrosalba.duane @yahoo.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑ Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. © 2. If applicant is corporation other than a public corporation,so indicate and name officers and major stockholders below. *G.L.Homes of Naples Associates H,Ltd. 2/6/2014 By G.L.Homes of Naples II Corporation, Page 1 of 5 General Partner.By Kevin Ratterree,Vice President.sEE ATTACHMENT. 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 [1 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. C 4. If applicant is an owner, indicate exactly as recorded,and list all other owners,if any. (1 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) DETAIL OF REQUEST On a separate sheet,attached to the application,describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: RiverstonelTerafina 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. SEE ATTACHED LEGAL/DEED. No master change is proposed. See attached description of text change in cover letter. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑ No G.L.Homes of Naples Associates II,Ltd.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? ❑ Yes ❑ No If yes, please describe on an attached separate sheet. 2/6/2014 See attached description of text change in cover letter.I Page 2 of 5 S& ty 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 See Chapter 3 G.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 0 n n Pre-Application Meeting notes MI ❑ ❑ Project Narrative,including a detailed description of proposed changes 0 © ❑ and why amendment is necessary Detail of request 0 © ❑ Current Master Plan&1 Reduced Copy 18X1 1 I 0 © ❑ Revised Master Plan&1 Reduced Copy IN/A I ❑ ❑ Revised Text and any exhibits 0 © ❑ List identifying Owner&all parties of corporation © ❑ Affidavit of Authorization signed¬arized 2 © ❑ Completed Addressing Checklist 8 © ❑ Copy of 8%2 in.x 11 in.graphic location map of site 8 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 in Pre-Application Meeting: o Planning and Zoning Fee-$500.00 in Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 &de/41- v ��v/?(i 05/26/2014 ApOwner Signature Date ROBERT L.DUANE Applicant/Owner Name(please print) 2/6/2014 Page 3 of 5 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. Section10.03.05.I.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.I. 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). 1 Justification.Only for Review Purposes PUD INSUSTANTIAL CHANGES Insubstantial Changes Riverstone/rerafina PUD Revision Date:July 08,2014 Words underlined are added;words strxek-through are deleted; ***indicates break in pages 1 PUB INSUBSTANTIAL CHANGES PUD INSUBSTANTIAL CHANGES r\ Insubstantial Changes Riverstone/Terafina PUD Revision Date:July 10,2014 Words underlined are added;words stfuek through are deleted; ***indicates break in pages ,..-� 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 Terafma PUD, is hereby amended to read as follows: 6.5. Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE AND ATTACHED DWELLING 7 DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F per 1 AC S.F. S.F.(1) d.u. Minimum Lot Width(�) 50 35 45 30 100 Front Yard Setback 20(4)(6) 15(4) 15(4) 20(4) 20(4) (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- /0...N, Lots abutting lakes easement areas and common open space areas Rear Yard Setback: 10 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory Pools and Spas(5)- —lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Screen enclosures —lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Pools and Spas(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 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 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. BH=Building Height „--. 2 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstone/Terafma PUD Revision Date:July 10,2014 Words underlined are added;words struck-through 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 LDC 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: r'. 1. Deviation #1 seeks relieffrom 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 of a bedroom or bathroom. 3 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstonefrerafina PUD Revision Date:July 10,2014 Words underlined are added;words are deleted; ***indicates break in pages — < '< ii 1 S J ,�s \/ V ® 3I 0 11 ir _ . o F . i 0 T• 1 Z a 3 w I. o O us & N N N > �5 a, w w v W i Vlo • V > _ �� s �b .. NVId l� €3 Y N I 3e � II Ce °I I N 0 I , II =5 I, i 11 1 r 0 aIY t 11.1 C. �3. I2 9. 11: _v a ii; PTh liir . '' 11), ,, h. oar illr, I g 7 , , J 0 U �`, ° .= ...D , 0 ■ _,____ ______ 3 O ! DE O J Z ,;10b r- W W W W O I 0 in A N Q81 O K O K U N N 211 � W J V.NVld 0 1.* ® li 0 79' L ; 1...0 ai, PI I 0 ' ____J I M € LT1 t, a 0cal i g L 9 [,_,) at ' _J k I \/L . L_� Y %/1Q i (Th 2 f L o° s _` ' i —I., le# 0 C)0o Ill \ I 7/ \ 1 r i 10/ r g 1 Y I g1 Y � 3 l9 / , �,' 1 .L_ JII L J o II— p Y ! N > it_ 'f,, W W ii I 3 o! \ \5 I E, y jl I r T o 0 0 0 N 1 WD e i 2 , ; L 0" 2� lb, 08 di EVALUATION CRITERIA SECTION 10.02.13 PUD REZONING CRITERIA r.. 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 G.L. Homes of Naples Associates II, LTD. turns over their responsibility to the HOA, for facilities that are not maintained at public expense. 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. 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. Evaluation CriteriaiRezoning Criteria Insubstantial Change to Terafina PUD=Riverstone PUD Property Rezoning Application 72640030484. Revision Date:May 15,2014. (The proposed justification for the windows 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 PUD change is justified in meeting a public purpose as set forth in the application. Evaluation Criteria/Rezoning Criteria 2 Insubstantial Change to Terafina PUD=Riverstone PUD Property Rezoning Application 72640030484, Revision Date:May 15,2014. PUD REZONING CRITERIA SECTION 10.03.05 I 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. The subject property abuts lands to the North that is the Parklands RPUD/DRI 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. N.A. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes. N.A. S. 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 r-t Evaluation Criteria/Rezoning Criteria 3 Insubstantial Change to Terafina PUD=Riverstone PUD Property Rezoning Application 72640030484, Revision Date:May 15,2014. 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 Evaluation Criteria/Rezoning Criteria 4 Insubstantial Change to Terafina PUD=Riveistone PUD Property Rezoning Application 72640030484, Revision Date:May 15,2014. 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. II], 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. Evaluation Criteria/Rezoning Criteria 5 �• Insubstantial Change to Terafina PUD=Riverstone PUD Property Rezoning Application 72640030484, Revision Date:May 15,2014. 4.02.04 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 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 STA T E 4'4* DIVISION OF CORPORAHONS >71,11715/0, Detail by Entity Name Florida Profit Corporation G.L. HOMES OF NAPLES II CORPORATION Filing Information Document Number P02000030560 FEI/EIN Number 010711126 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 http//search sunniz orgIngtury/CorporationS'ea;ch/SearchResuitDetail/En. -3415a197-a289-48bf-b39a-7cOge436a363/G'0201..%20Hornes%20/Page4 6/25/1p4a,g5:140Afh3,1 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 httpilsearch.sunbiz.org`In dairy/C:ocporal ionScarchi SearchResu RDetailiEn...-34i5ef9?-a289-481;f-o3 9a-7c59e435a 363!G%2GL.%20Hornes%20JPage4 812.5/14.5:44 AM Page,2 of 3 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P02000030560 May 01,2014 Entity Name:G.L. HOMES OF NAPLES 11 CORPORATION Secretary of State ' 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. ESQ. 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 : Title DP Title VPAS Name EZRATTI,ITZHAK Name FANT,ALAN J Address 1600 SAWGRASS CORP PKWY,STE Address 1600 SAWGRASS CORP PKWY,STE 400 400 City-State-Tip: SUNRISE FL 33323 City-State-Zip: SUNRISE FL 33323 Title 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-.Tip: 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-Zip: SUNRISE FL 33323 Title VP Name HELFMAN,STEVEN M. Address 1600 SAWGRASS CORP PKWY,STE 400 City-State-Zip: SUNRISE FL 33323 hereby � �� �s � as�made under a nanoffeerordirectorofthecorp er or empoweled executetlMsrar by Polka Statutes;and name appear s above,or on an attachment,tiM all other like empowered SIGNATURE:RICHARD M. NORWALK VP 05/01/2014 .-� Electronic Signature of Signing Officer/Director Detail Date • •• CORPORATE AFFIDAVIT STATE OF FLORIDA ) COUNTY OF I3ROWARD )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 I, 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 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, PUD annual neport, 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 4 an Pant,Vice President The f. l :oi : instent was sworn to, subscribed and acknowledged before me this I_) day of . l.. 1 /� � 2010, by Alan Fant, Vice President of Parklands Genpar Cow:, _ '.:_ : orida corporation, the General Partner of Parklands Associates I, LLLP, who is personally known to me o-r-has produced as identification. 41„ L 1---� Noi'W ..is 1 NNRi0Y0 jNo : uYOCAMSSIGN 1'00904981 I Printed Name: a Mims:No 6,2m3 My Commission Expires:UndenwIlas 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. 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. 2.7.3.5.4 or 2.7.3.5.6 of this code. The Terafma 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. 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 changes proposed do not change the original analysis, rezone findings, or PUD findings for the original application. RPUD Criteria and Rezoning findings are attached. te' r COUnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ,/'1 GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I. KEVIN RATTERREE, (print name).as V.P. (title,if applicable)of 1G.L. Homes of Naples Associates II. Ltd. * I-a plicable)-swear or affirm under oath.that I am the(choose one)owner EN applicantncontract purchaserriand that: 1* By G.L. Homes of Naples II Corporation, General Partner_ By Kevin Ratterree, Vice President 1 I. i have HT 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 ROBERT L.DUANE 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 usual/v executed by the corp.pres. or r.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C'.), there the documents should typically he signed by the Company's "Managing Member. " ..,.... • 1f the applicant is a partnership. them typically a partner can sign on f e:hal/o/the partnership, • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"ql the roamed partnership. • If the applicant is a tryst, then they Hurst include the trustee's name and the words "as trustee". • In each instance,.first determine the applicants status. e.g., individual, corporate, trust, partnership, estate. etc,. and then use the appr•opriale forntat.for that owners/rip. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it .re true. 'l l., I .ai.LY.. 1 _ .J Signature Date STATE OF FLORIDA COUNTY OF-GOLNirRw SkAit/# The foregoing instrument was sworn to (or affirmed) and subscribed before me on Sig / date) by 4-e-me,e,¢1-r ,QED(name of person providing oath or affirmation), as V i a.L. 4pf $ of 'V4. fiot if C`9". personally known to me or who has produced (type of identification)as identification. '-(A1---%"-- STAMP/SEAL Signatu of N tart'Public TERRY KAPLAN LILLIAN "' *: MY COMMISSION#EE128454 cr\ox-con-oez rsuss °.'xt`% EXPIRES September.07,2015 11071998.0153 aim 2/6/2014 Page 4 of 5 G.L. Homes of Naples II Corporation 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 (954) 753-1730 CORPORATE RESOLUTION The undersigned, Steven M. Helfman, as Vice President of G.L.HOMES OF NAPLES II CORPORATION, a Florida Corporation (the"Corporation"),the General Partner of G.L.Homes of Naples Associates II, 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 84C day of Sot%J ,2014. , By: ! f .P Si 146 ��� Vice President Title Steven M.Helfman Typed or Printed Name (SEAL) 7 4ps . vr COVENANT OF UNIFIED CONTROL i•*. The undersigned does hereby swear or affirm that we are the fee simple titleholders and owners of record of property owned by: G.L. Homes of Naples Associates II, Ltd. By G.L.Homes of Naples II Corporation, General Partner. By Kevin Ratterree, Vice President. Riverstone 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 TERAFINA PUD) Residential Planned Unit Development Amendment. I hereby designate Robert L. Duane, AICP of ROBERT L. DUANE & ASSOCIATES legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind 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 be 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 planned unit development rezoning. 2. The owners identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land 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 II Corporation, General Partner By Kevin Ratterree, Vice President. By: Kevin Ratterr- - Vice President 020/10/1„, 4.,„1/ rreielee v,4 Signature Print Name,Title [NOTARY BLOCK ON FOLLOWING PAGES] �` STATE OF FLORIDA COUNTY OF BROWARD Sworn to (or affirmed)and subscribed before me this f q day ill , 2014 G.L. Homes of Naples Associates II, Ltd. By G.L.Homes of Naples II oration, General Partner. By Kevin Ratterree, Vice President. Who is personally known to me or produced as identification. r-. (SEAL) N.tary Public `jj���.'7�����' TERRY KAPLAN LtWAN i, :*.t: ��� -': MY COMMISSION#EE128154- ;•.• : EXPIRES September 07,2018 Name typ,,. printed or stamped (4D7) '344153 Flodd.NofarySsn$c..com 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P94000075095 Apr 23, S ecretary of f State Entity Name: G.L. HOMES OF FLORIDA II CORPORATION Current Principal Place of Business: New Principal Place of Business: 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE,FL 33323 Current Mailing Address: New Mailing Address: 1600 SAWGRASS CORP PKWY SUITE 400 SUNRISE, FL 33323 FEl Number:65-0627582 FE1 Number Applied For( ) FEI Number Not Appricable( ) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent HELFMAN,STEVEN M ESQ. 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: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: PD Name. EZRATTI,ITZHAK /""" Address: 1600 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE,FL 33323 Title: VAS Name: FANT,ALAN J Address: 16(10 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE.FL 33323 Title. VT Name: MENENDEZ,N.MARIA Address: 1600 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE,FL 33323 Title: S Name: CORBAN,PAUL Address: 1600 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE,FL 33323 Title. V Name: NORWALK,RICHARD M Address: 1600 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE,FL 33323 Title: V Name: PORTNOY,LARRY Address: 1600 SAWGRASS CORP PKWY,SUITE 400 City-St-Zip: SUNRISE,FL 33323 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I 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 04123!2012 Electronic Signature of Signing Officer or Director Date • 1 3178685 OR: 3284 PG: 1227 IICOIDID in 0/PICIAL UCOODS of COLLINS COWRY, PL 05/01/2003 at OS:05AN DNICR I. MCI, CLIII CODS 15141514.00 This instrument prepared by: t1C /II 10.50 Timothy G. Haim, Esq. DOC-.10 111241.20 QUARLES&BRADY LLP COPIIS 2.00 4501 Tamiami Trail North, Suite 300 lam' Naples,Florida 34103 4501 T3 i BRADY 4501 TAMIAtI TIN #300 IAPLIS FL 34103 3040 $ 10.50 recording $j11 4/..0 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 Parkway, Naples, Florida 34116, (the "Grantor"), and GLH Development, L.L.L.P., a Florida limited liabilit Mt9 ••, whose mailing address is: 1401 University Drive, Suite 200,Co • on• . e"Grantee"). WITNESSETH, tha sai• . , for and in con '•e • ion of the sum of Ten Dollars, and other good and valu• • e c nsi cantor 'n h, d paid by said Grantee, the receipt whereof is hereby : • • •• . . ed • nd sold to the said Grantee, and Grantee's successors d - gn • i esc 'bed land, situate, lying and being in Collier County, Fl• '• - !. g Y+ All of Section 16, T • 48 South, Ran!. , Collier County, Florida, less and except the Wester' t thereof. SK,. • Subject to covenants, easem . tic 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. QBNAP1390514.2 *** 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: r \ �- ��1 Print e: L.5/z t,✓NE Havk/,g,26 Robert Vocis' o,as Trustee under Land Trust Agreement dated May 24, 1995 i...,% .oleo • nt name: ' Opny STATE OF FLORIDA �' cou C� COUNTY OF COLLIER The foregoing ins e was ac'+ ged + fore m- du. aW "day of April, 2003, by Robert Vocisano, as T t = + 1'-t -t- May 24, 1995. He is (X) personally known to m , � "' f`1 . ..4 d who did not take an oath. (SEAL) 0 ' s ;i;S*'PUBLIC nk. stitJi1NE HYA '`11 �. ' 'ame: -5'44 bt/E AloNW.4a/ MYCOM ICCt 1 Y COMMISSION EXPIRES: II Ustmlasimesttals • QBNAP1390514.2 Ju1122-2004 0315191 From-RUP ll McCLOtKV ITFJl 1450 11.0531006 F-TOi • + ARTICLES OF MERGER OF GLH DEVELOPMENT,LL.L.P. INTO G.L. HOMES OF NAPLES ASSOCIATES il,LTD. The following Articles of Merger are being submitted in accordance with Sections 620.8905 and 620.203 Florida Statutes. FIRST' The exact name, street address of its principal office, jurisdiction and • entity type for each party are as follows: 1_ GLH Development,L"L.L_P.,a Florida limited nubility limited partnership .< 4: 1401 University Drive.Suite 200,Coral Springs,Florida 33071 Florida Document/Registration Number: A02000000736 "` ' FEIN: 04-3582188 .. - 2. O.L. Homes of Naples Associates II, Ltd..a Florida limited partnership 1401 University Drive,Suite 200, Coral Springs,Florida 33071 ,;1 Florida Document/Registration Number: A02000000415 >� i , FEN: 57-1130861 - r ri cn E OND: G,L, Homes of ides Associates II, Ltd., a Florida limited partnership located at 1401 University Drive; Suite 200, Coral Springs, Florida 33071 shell be the surviving party(the"Surviving Pa tnership"), at a THIRD:RD: 620.89E4 attached d.?, l Flrida tu Plan of Merger sections the requirements of Sectio Statutes,and was approved by each domestic limited liability Smited partnership and domestic limited partnership that is a.party to the merger in accordance with Chapter 620,Florida Statutes. FORTH: The merger is permitted under the respective laws of all applicable jurisdictions and is not prohibited by the certificate of limited partnership or the partnership agreement of either party to the merger. F1FTH:The Merger shall become effective upon July 11,2004. SIXTH: The Artinies of Merger comply and were executed in accordance with the laws of the State of Florida. SEVENTH: The Surviving Partnership has obtained the written consent of CLL. Homes of Naples Associates II Corporation, to serve as the general partner of the Surviving Partnership pursuant to Section 620.202(2),Florida Statutes. • • FIL: 1241$6711 a • • tel: ./ £Cy "d d1Cb-ZT bO-ZZ-LflL Jul-ZZ-204 09:SIPm from-RUDE1t MGCLG5KY ITFJ1 T-050 P.D04/0DG F-t81 ""1 IN W1TNES$- WHEREOF, the undersigned have executed these Articles of Merger as of me 7/y'i'p• day,of July, 2004. GLH DEVELOPMENT,L.L,L.P.,a Florida limited liability limited partnership By: G.L. Homes,Of i apses associates 11, Ltd.,a Florida limited partnership, its general partner By: G.L.Homes of Naples II Corporation, a Florida corporation. its general partner By.__ Riche M. Norifiralk,Vice President G.L.HOMES OF NAPLES ASSOCIATES 11,LTD.,a Florida limited partnership. By: G.L Homes of Naples It Corporation,a Florida corporation, kc general partner Richard M,Non/ walk, ce President =c, . :j;� ... mil•;. .ti r�3 • Cif J FrL;1241567:1 ,{ D9aDO 1 S GG S 3 f70-a dtt at vO-ZZ-Lnr iu1-22-2714 03:51pe► From-RUDER MUSKY f7FA T-9511 P.005/006 F-T61 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 620.8906,620.8906 and 620.201, Florida Statutes. FIRST: The exact name and iurisdiction of each merging pmt are as follows: 1. GLH DEVELOPMENT, L.L.L.P., c Florida Nrrtited [lability limited portnership (the "Terminating Partnership"). 2. G.L. HOME.S OF NAPLES ASSOCIATES H, LTD., a Florida limited partnership (the"Surviving Partnership") SESOND: G.L. lamas of Naples Associates II, Ltd., a Florida limited partnership shalt be the surviving party. Tlrff D: 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. FQURTH; The manner and basis of converting the partnership interests of the Terminating Pe ba rmu,rship into partnership Interests of the Surviving Partnership, in whole or in pert,into cash or other property are as followe: ,--� 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 Temninating Partnership and has acquired all the limited partnership interests held by the former limited partner", RPM of Naples, InC.. a Florida corporation, in the Terminating Partnership. FIFTH:The name Enid address of the general partner of the SunMrving Partnership,ia.G-L_ Homes of Naples II Corporation,a Florida corporation,located at 1401 University" rive. - Suite 900. Coral springs,Florida 33071,document number P02000030560. -1-t•• L J r f-. 7yy� i FTL.: 1241367.1 • so-,et dz'b=zt Pao-zZ-Lni No:23242r ORDINANCE NO.08- 45 1 ORDINANCE OF THE BOARD OF COUNTY z jttHiBL 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 WHEREAS, the Terafina property is subject to: (1) that certain "Agreement" by and betwa". GLH Development, L.L.L.P. and the Quail Creek Property Owners Association, Inc.; and (2) 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--; ±± �--r . o r D?: rus�e NOW, THEREFORE, BE IT ORDAINED BY THE BOARD=;'OI' C TY cn- cn; COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: rn j SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE o " rn 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-AR-12861—MMSS.rev.7/9/OK-A-l')71y 2— Words s4Fuele-tliFeugh 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 MONTES ON JULY 25,2003 REVISED BY HOLE MONTES 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 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 Ordinance Number 04-15, the Terafina PUD, is hereby amended to read as follows: 6.5 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMUTED 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(2) 50 35 45 30 100 Front Yard Setback 20'41 15141 15141 2041 20(41 (principal and accessory uses) Side Yard Setback 6.0 0-er-1-2 0 or 6 0 or 12 .5 BH 0 or 10 Rear Yard Setback: Principal 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 o8-CPS-00808/PUDA-2008-AR-12861-MMSS,rev.7/9/08-A?awl.- Words st{eek-through are deleted;words underlined are added. Page 2 of 4 Rear Yard Setback: 10 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory pools and spae— 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 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 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. BH= Building Height 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 twelve (12)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-00808/PUDA-2008-AR-12861-MMSS.rev.7/9/08-A Trp- Words struek rough 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 QI!l day of 6.414CM 2008. 'st-1 BOARD OF COUNTY COMMISSIONERS ti DWIGHT E.:6fROCK,CLERK COLLIER COUNTY,FLORIDA 2Lki.141 PaP-ILik BY: . 41.4$ As` to Chit Irarpl}tT Clerk TOm HE G, CHA si ftitort ool N Approved as to form and legal sufficiency: "Q Marjorie lid. Student-Stirling Assistant County Attorney This ordinance filed with the settday of St e Office t e day of — and acknowledgement • that i'` filing r= eived this day of - ' ' . L By �'r�s�l,/+'Y' OS CPS 00808/PUDA-2008 AR-12861-MMSS,rev.7/9/08-A pepuW elm* Words st -d+rough are deleted;words underlined are added. Page 4 014 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. WITNESS my hand and the official seal of the Board of n 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 Commi s s inner•4;j , . .: • By: Teresa Pdd.a$ i, Deputy 1 996 Dal "?4, ORDINANCE NO. t 5 �� Mit l o AN ORDINANCE AMENDING ORDINANCE --• 1 keg NUMBER 91-102, THE COLLIER COUNTY LAND = i DEVELOPMENT CODE, WHICH INCLUDES THE • COMPREHENSIVE ZONING REGULATIONS FOR ilt>„ 9"s THE UNINCORPORATED AREA OF COLLIER `- ttp168�9 COSY, FLORIDA, BY AMENDING THE OFFICIAL ri; => �, ZONING ATLAS MAP NUMBER 8616N AND BY '' — CHANGING THE ZONING CLASSIFICATION OF THE D'' HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY 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; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01-71, THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,Robert L Duane of Hole Monies,Inc.,representing GLH 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 SECTION 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"PUD" 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 Land Development Code,is hereby amended accordingly. SECTION TWO: Ordinance Number 01-71,known as the Terafina PUD,adopted on November 27,2001,by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page 1 of 2 • SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 1 thday of Hard) ,2004_ ATTEST:: •.. - D�llti��+'�KUCK,CLERK BOARD OF COUNTY COMMISSIONERS `� COLLIER COUNTY,FLORIDA S.0 BY: � iL4 , • roan f DONN FTALA,CHAIRMAN • Ajfptoved-as to I nn and Legal Sufficiency This ordinance filed with the i . •i t•1(k-ea-diet Secretory of State's Office the Marjori f.Student t5 day of�taQ and acivwwledgernent of that Assistant County Attorney filing received this a-", day mouirawk PLDZ.2e03•Aa.4s2asno • • • Page 2 of 2 �'ti TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES,INC. 950 ENCORE WAY NAPLES,FLORIDA 34110 11111 PROJECT'1995087 REVISED BY HOLE MONIES ON JULY 25,2003 REVISED BY HOLE MONIES 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-W.701 Ordinance No. a• { -15 r" Amendments&Repeals 0 L'U Exhibit"A" 1 F:1PUD DocumentslTerafina'3-I 1-04clean.doc • 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 B—Legal Description Exhibit C—Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina ,•••••\ 2 FAPLID Documents\Terafittak3-1 I-04clean.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 residential component of the Management Plan, The Po 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 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(646 acres at the time of the initial zoning approval) prior to the dedication of±9.2 acres for the extension of Logan Boulevard along the Terafma 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 required 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 purposes 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 County Concurrency Management 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 Commercial/Neighborhood Village CenterUses 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 3 F':APUD Documents\Tcrati, 3-!1-04clean.doc . s - o SECTION II PROPERTY OWNERSHIP,LEGAL DESCRIPTION,PHYSICAL DESCRIPTION,SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership The property to be rezoned is owned by GUI Development,L.L.L.P. By G.L.Homes of Naples Associates II,Ltd.,the General Partner of GUI Development,L.L.L.P.By:G.L.Homes of Naples II Corporation,the General Partner of G.L. Homes of Naples Associates II,Ltd. 2.2 Legal Description 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 Immokalee 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 are(3)Malafar Fine Sand;(7)hnmokalee 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)Oldmar Fine 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 Statement 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 F-tP[1D DocumcntsMna\-11-04clean.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 Devel opment meeting requirements as set forth in Section 2.2.20 of the Collier County Land Development Code the (LDC). The purpose of this Document is to set forth the regulations for the future development Cf lopmeut ofth c project _ (L that meet accepted planning principles and practices,and implement the Collier County Growth Management Plan. 3.2 Project Description The project contains 636.8 acres and includes land area for residential development including preservation areas comprising(±277.74 acres). The maximum number of dwelling units permitted is eight hundred fifty(850). The project will be developed as a mixed use residential community 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(60')wide easement(recorded in O.R.Book 2429,Pages 0275-0282 of the Public Records of Collier County Florida)that runs from Immokalee Road north to the southern property limits of the Terafina project,from there access will be provided. 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.H of Ordinance Number 01-71(the original Terafina PUD Ordinance)located along the western property line thus providing access to the south to Immokalee 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 PUT)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 of build out of the project is approximatelyeight(8)years from the time of issuance of the first building pennit,or 2011. However,actual build-out will depend on market conditions. p 1 5 F:1PUD Documents\Terafinak3-11-04ctean.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 PIan: A. Regulations for development ofthe 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 ofthe 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 development of the Terafina PUD shall become part of the regulations that govern the '. 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. In 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. �l Easements dedicated to Collier County 6 F:\PUD Docamenas\Terafinak.3-1 l-04clean.doc shall be counted toward the County's open space and the retention ofnative vegetation requirements. 4.4 Pro'ect Ian A roval R uirements Exhibit"A",the PUD Master Plan,constitutes the required PUP development plan. Subsequent to, or concurrent with PUD approval,a preliminarysubdivision plat(ifrequired)shall be submitted for the entire area covered by the PUD Master Plan. All division of land shall be in compliance with the subdivision regulations �and the development of. gulations set forth in Section 32 of the LDC. Prior to the recording of the final subdivision plat,final plans of the receive the approval of all appropriate Collier County governmental ahae with the PUD Master Plan,the County subdivision a governmental agencies to ensure compliance Florida. regulations 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. 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 Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water mane or to otherwise develop water bodies is hereby management facilities o Y perrrritted. If;after consideration of fill activities on buildable portions of the 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 3.5.5.1.3 of the LDC,whereby offsite removal shall not exceed ten (10)percent of the total volume excavated up to a maximum of 20,000 cubic yards. 13. A timetable to facilitate said removal shall be submitted to the Zoning Director for approval. Said timetable shall include the length oftime 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 d Set Back Re ui ents 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 Sunset and Monitorin Provisions The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC,Time Limits for Approved PUD Master Plan;and Section 2.7.3.6,Monitoring Requirements. I } 7 F:1PUD(3ocumentsiTerafinat3-1 1-o4crean.doc _. 4.8 Polling Places 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-five(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 spade areas shall meet or exceed the open space requirements of Section 2.6.32 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 Area Maintenance Common area maintenance,including the maintenance of common facilities,open spaces,and water management facilities,shall be the responsibility of a homeowners'association to be established by the developer. • 4.13 Architectural and Site Design Standards Development of commercial facilities within the recreation center shall meet the requirements of Division 2.8 of the LDC. 4.14 Egnaga A. General 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 Terafina 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:\MD Documents\Terafinali-1 I-04clean.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. 6. Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be required that shall indicate signage location,dimensions,and architecturd style. All signage shall be of a pedestrian scale and shall be of a uniform character. 13. Boundary Markers 1. 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 manner that prevents direct glare onto adjacent roadways or residences. C. Project 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 property 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. 9 F,\pLD DocumenisiTerafna\3-11-04clean.doc D. Construction Entrance Signs 1. 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. Internal Signs I. Directional or identification signs maybe allowed internal to the development. Such signs shall be used to identify the location or direction of approved 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 mad right-of-way. G. Traffic Signs L 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 Landscaping 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 buffer 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 PUD(646 acres at the time of the initial zoning approval) 10 F:\PUD Docnmentzacrafinat3-t 1-04ciean.doc prior to the dedication of±-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 transferred units,those dwelling units may be transferred to other Iocations under any terms and conditions the County deems necessary to achieve the goals of the work force housing program. 4.18 Sidewalks/Bikeoaths A. Pursuant to Subsection 3.2.83.17 of the LDC and the following,sidewalks/bike paths provisions shall be permitted as follows: 1. 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 ofthe street anda 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 Cul-de-sacs may exceed a length of one thousand(1,000)feet. C. Intersection Radii Intersection radii: Street intersections shall be provided with a 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 entrances. 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 I Construction Offices A. Construction Offices 1. A temporary use permit shall be granted initially for&period not to exceed 48 months in length pursuant to the additional requirements of Subsection 2.6.33.3 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:\PUD DocumentslTerafina\3-I I-04clean.doe 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 irrigation wells. Offices located in permanent structures shall be required to connect to the central utilitysystem 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` vet"or"dry"facilities. a. "Wet"facilities may be occupied by a sales office and/or representative. 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 Iocated 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 approval of a conditional use petition in accordanCe with ection 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 LDC,or a site improvement plan, depending on the extent of the work required.All other dwellings unit types require SDP approval. 6. A maximum of twelve(1 2)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 of the project site development plan. 4 1 12 F:1PUD Docurnents\Teraiina13-1 I-04clean.doc 7. Unoccupied or dry model homes shall be permitted only in conjunction with an approved site development plan for a model sales center which provides adequate parking to support the model(s). Temporary use permits for occupied(wet)model homes shall 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 tanks for waste disposal subject to permitting under Rule 64E06,Florida Administrative Code and may use potable or irrigation wells prior to the availability of the central utility system. When the central utility system is available,connection to the central system shall be made. 9. All other applicable provisions of the LDC pertaining to model homes,sales centers, sales offices,and construction office shall apply. 4.21 Changes and amendments to PU1)Document or PUD Master 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 permit 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 acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. 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 Document 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 adjacent land uses and shall not create detrimental impacts to abutting land uses,watermanagement facilities,and conservation areas within or external to the PUD. 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 of rights-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 loss 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 development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 13 F 1P[1D Doannents1Tera6na%3-11-04ciean.doc 4.22 Landscape Buffers,Berms.Fences,and Walls �. Landscape buffers,berms,fences,and walls are generallypennitted as a rind Terafina project. The following standards shall apply: p use throughout the A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms:4:1 - 2. Ground covered berms: 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,colurnns.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 the perimeter of the Terafina PUD boundary prior to plat and site development plan submittal, preliminary capplans shall f be submitted to the Planning Services Department for is review required landscape plans n. approvalprior#olnstallation. 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 measured at the point of encroachment. P"'1 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, Std 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 General Permitted se 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:\'UD DocumentsiTerafina\i-I I-04ctean.doc 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 walls subject to the standards set forth in Section 4.22 this P ordinance. 9. Stock pile storage subject to the standards of Subsection 3.5.7.10.10 of the LDC. I0. Any other use,which is comparable in nature 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 4t to structures: �v ) 1. Setback from back of curb or sidewalk or edge ofpavement of any road(whichever is more restrictive)—twenty-three feet(23')except for guard houses,gatehouses,and access control structures which shall have no required setback. 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. • i 15 F:\PUD Documents\Terafinali-!L-04c[ean.doc • 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",PUD 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 thereo shall be erected,altered or used,or land used,in whole or part, for other than the following structures in accordance with Policy 62.6 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: I. Minimum Yard Requirements a. Principal structures shall be required to have a minimum setback of twenty-five (25)feet from preserve areas.The PUD Master Plan has generallyprovided 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_\PUD Docurneats\Terafma13-1 I-04clean.doc b. Accessory structures shall be required to have a minimum setback often(I 0) feet from preserve areas,unless it can be demonstrated that the structure will not adversely impact the integrity of that 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. Maximum Structure Height Twenty five(25)Feet n.. 3 17 F:1PUD Documents\Terafina\3-11-04c tean.doc SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 Purpose The purpose of this Section is to identifypermitted uses and development standards for areas within the Terafina 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 Description The PUD Master Plan designates the following uses for the general use designations on the Master Plan. TYPE OF USE AMOUNT OF PERCENT 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 % r`y 4. Lakes 86.94 acres 13.65% 5. Preserve Areas 6732 acres 10.57% 6. Preserve Flow ways 210.42 acres 33.05 % 7. Open Space 51.71 acres o 8.12 /o 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 33, 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 Iine dwellings 3. Two-family and duplex dwellings 18 F:\PUD Documaus\Terafnal3-1 I-o4clean.doc 4. Single family attached and townhouse dwellings 5. Multi-family dwellings,including garden apartments 6. Recreational facilities such as parks, play grounds, and pedestrian sidewalks/bikepaths - 7. Model homes and sales centers 8. 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. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal 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. 19 F:1PUD Docurn ATerafinal3-11-O4clean_doc . _ 5.5 Development Standards TABLE 1 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.t'I 3,000 S.F. per 1 AC -_ S.F. - ,d.u. Minimum Lot Width(2) 50 35 45 30 100 Front Yard Setback 20(4) 15(4) 15(4) 20t (4) (principal and accessory uses) 20 Side Yard Setback 6.0 0 or 12 0 or 6 0 or 12 .5 BH Rear Yard Setback_Principal 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 Rear Yard Setback:accessory 5 . 5 5 5 5 ,•-■ pools and spas(5)—lots back to back. Rear Yard Setback:accessory 3 3 3 3 screen enclosures — lots back 3 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 screen enclosures — lots 0 0 abutting lakes easement areas and common open space areas Maximum Building Height 35 35 35 35 Distance Between Structures N/A 35 N/A N/A 10 .5 BH Floor Area Min.(SF) 1600 1400 1200 1200 Preserve Area Setback: 25 25 25 1200 Principal Structures 25 Preserve Area Setback: 10 I0 10 10• 10 Accessory Structures All distances are in feet unless otherwise noted. ( ) BH=Building Height 20 F-1PUD DocumenisvTerafmal3-I E-04clean.doc Notes 1. Each half of a duplex unit requires a lot area allocation of feet for a total minimum lot area of seven thousand(7,000) -five hundred(3,500)square square feet. 2 Minimum lot width maybe 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 door 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 roof,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 F:\PUD Documents\Temfina13-1 t-04clean.doc SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES 7.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within Terafrna PUD designated on the Master Plan as"Recreation Center/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 a variety of active recreational and personal services for the Terafina residents and guests. 7.3 Permitted Uses and Structures No building or structure,or part thereof,shalt be erected,altered or used,or land used,in whale 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 Requirements: 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 area:Zero feet for 22 FAPUD Documents\Terafina13-11-04clean.doc • all principal and accessory structures. 5. All principal structures shall have a minimum of a twenty-five (25) foot setback from the boundary of the preserve 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 distance between principal structures—Ten(10)feel,or greater,if required by local fire codes in effect at time of development. D. Minimum distance between accessory structures—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-commercial uses. F. A maximum of 5,000 square feet of gross leaseable 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 of the PUD are set forth as follows: 1. Land area requirement. 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 uses as set forth in Subsection 2.2.20.4.7.1.3.1 of the LDC in effect as of the date of adoption of this PUD Ordimance: Major Category Specific uses: a. Groups 6021-6029 Commercial banks-Drive-through facilities are prohibited. b. Group 6531 Real estate agents and managers for c. Group 5251 property with PUD only. Hardware store only—2,500 sq. It 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. f. 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 23 F:\Pt1D Doa mentssTerafinal3-I 1-04clean.doc only. h. Group 5431 Fruit and vegetable markets. L Group 5461 Retail bakeries. j. Group 5499 Health food store only-2,500 sq. ft. Y 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 establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities. o. Group 5921 Liquor stores. p. Group 5947 Gift,novelty,and souvenir shops. q. Group 5949 Sewing, needlework, and piece goods stores. r. Group 5992 Florists s. Group 7212 Agents for laundries and drycleaners� only. t. Group 7215 Coin-operated laundries and dry cleaning. 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 Bather 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. aa. Group 7991 Physical fitness facilities bb. Groups 8011-8021 Offices and/or clinics of phyg �icians , and offices and/or clinics ofdentists. cc. Group 8041 _ Offices and clinics ofchiropractors. 4. Permitted Non-Commercial uses: 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. fyI ■ •• 24 F-\PUD DocumentATerafena13-11-04cfean.doc . z 5. Unified plan of development and common ownership. The Recreation Center/ Neighborhood Village Commercial 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. Locational criteria and functional 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 has 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 PUT). 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/Neighborhood Village Commercial Center shall be pedestrian-friendly. This means minimal dependency upon access by automobiles and with location and design to encourage rc) pedestrian access,which shall be reflected in the pedestrian walkway system for the entire PUD. 7. Off-street parking and design. 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 of the LDC. However,the number of off-street parking spaces provided shall not exceed 75 percent of that required section 2.6.13. In all other respects,off-street parking areas shall be designed by accordance with the provisions of division 2.3 and 2.4 of the LDC. ' 8. Design guidelines. 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. Signs. 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 2.8.3.62.1.of the LDC,except that pole signs are prohibited Signs shall be designed so that their size and location are pedestrian-oriented. 25 F:1PUD Do c umentsVrcrafnali-t i-Q4clean.doc 10_ Phasing of development. The construction of up to 5,000 square feet of permitted 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. • 0 { i 26 F:IPUD DocurnentslTeratinal3-11-04clean.doc SECTION VIII DEVELOPMENT COMMITMENTS 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. A. Vegetative preserve areas depicted on the PUD Master Plan are passive recreational uses only. Vegetated ��for open space and y getated preserve areas maybe reconfigured provided all other applicable requirements of this Ordinance are met. All preservation 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. Envimmnental permitting permittin 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 tb 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 ,. ) 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 enviroo/mental 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 Marisol 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 bou of at; 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 F:\PUD DOCUmentSiTeratinal3-1 1-o4ciean.doc 8.2 Transportation Requirements 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 Terafina 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-laving of Immokalee Road is complete up to C.R. 951. 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project #' k developer. n 28 F_1PUD DocumentslTcrafinal3-11-04c1ean.doc I . • • 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 Ordinance 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 �—, field locations.Two of the well site areas shall be approximately 30 30 by 30 square feet separate well The third site will be approximately 40 by 40 square feet in area to provide for a well house. These sites will be spaced a minimum of%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 foot 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 Requirements 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. 1 29 F:1PUD Documents)'rerafnal3-11-O4ciean.doc D. The developer and all subsequent owners of this project shall be required to satisfy the ' 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 Management Requirements 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 area in accordance with the criteria established within Subsection 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 Terafina developer shall provide for the necessary area for storm watermanagement within the boundaries of the Terafina project. G. The Terafina property is subject to that certain "Amended and Restated Flow-way Agreement"between Imcollier Joint Venture,a Florida general partnership,as assignee of J.D.Nicewonder,GLH Development,7.112,as successor in title to Robert Vocisano as Co- trustee under land trust agreement dated May 24,1995,and Olde Cypress Development,Ltd., together with all schedules thereto,as any of the foregoing have been or may be amended. 8.6 Parks 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 F:1PUII Documents1Terafina13-1 1-04ctean.doc i X i a -C x x x x x x x x � ~ °N rry .4 O n b $ [ < <n u 4 4< < < l f < )r ti r mi a A 1 �pp�t H. 14 n H H N M n = m 1 e Q\!yy O r. n a n r 1. ,. W X �J 9 O A f O f0 C b W Z F t Q}Q} n n v }.1 b V N e a K 11 it W r tt UQr .. g W A g Z gg z04y U Z = 3. gt— 4 • p N d A.y� ? E 5; W a 2 0' ¢ W0 ,Ti r d A. 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D CE,L: ic, ...f.„5....).„.... ,v,„.„..,,.. , . . . , ...........,..:.:.:..t.:.:.: .:.:...... ...., pil,;‘,..:: ..... .„,....,,,,..,,,,,,,,.„.., . _„.. 1 4 , I me -----:-. .:-.•:•:-.....•••••,••••:.•, ,-:,1/4:- "I''''.P fr1),.-'s'•'6'.-•-. 81 N4.,''' , ;'.1-7‘...rt 71 •i'-=:' .. s. � rc. ‘41',..7:-.4 j :iD f. '4,7, k- i- gt,1 1L1171 j-6.j .. 4v a .0 it ;I ,i -i ill I : F ;1 .. • , I \ EXHIBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 SOUTH, 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 P E 1•. W:\1995\199508TiLLDTUD1EXH[BIT B-LEGAL DESCRIPTION-doc - • 4. 3178685 OR: 3284 PG: 1227 UCOI@I0 to at cm&nom of town own, it 1510711003 at 00:0511 mar I. 1100, CLIII This instrument prepared by: CO15Efl511.80 Y• !It III I0.50 Timothy G. Hairs,Esq. ROC-.71 111211.20 QUARLES&BRADY LLP ONUS 2.00 4501 Tarniami Trail North,Suite 300 Itts: Naples,Florida 34103 gnus S BtDi ell mum TI t 1700 ttWWL1I IL 34103 3040 S 10.50 recording • S 1t!��14L 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 Parkway, Naples, Florida 34116, (the "Grantor"), and GUI 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: All of Section 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 person s 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. QBNAPt390514.2 eN rd In z g 7.1. o 74 — I, 11,%,`31 EP t 1 16-6 of AT PL.AM-r i u&r ChTA[sGEME.A 1A-M.) 20-ec' AT MATUMI-r-1 PE PEALC bJ4 A14 *PFClE. '1► 1 12-443 AT PL. &1-rw 1 3o-ba' Ar AAA--rurt-t- i...► 2` 4III:i n r ' ft-. , kl 4 ,.• plis,k I.1 i , g - -1111Pir--; * ' I- 4t k''''..S1 _,,e,rct---- It 1 1 ra"1 I.r.::',/1 s; yiii, ki,,,.''11,111c:.--elks; i‘ist,. \ /IS/ X to Go o ,C w 1is,.�= ���',1112 ' N%\ c.1,1kri// 1\Tk ,.. , , ICI NI 0 — ...: avy;,% . .. /..t.--lrfk ,,,,,-, oo *�a ,* v V'ea 1 !off•':: 61 WALL. p 1 -- 4' NEDG-E 4C& aM') ii IN I 2. 1 {.aw Mel PIG- 4r4.156- wi 6itouuDe.ovee. RI ra 0 } a � - 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 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 B. BROCK Clerk of Courts and. Clerk Ex-officio to Board of . County Commissioners y: Maureen Kenyon'. = Deputy Clerk Co knty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE .0•"• GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- 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) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone (Insubstantial Change) ❑ 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/Terafina 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 project/site 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# Colli Cou er nt y 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 i ___----\ 1 , .---- Z 0 ...—. < 0 ( 5246W4) , 0 F cn 0 cc UJ Y . ,,,... . . 0 , aie NV OM up i i co 0 0 I'<: taiallip•------ ct3 > —.3 ....../ 11, m < ------ u_ = UJ w 'LC Z II 0— 0 < 0 ° W —H-1 Z 0 CC t--- HI ° ci Z 0 cr > Lu LAJ __I _J 0 OV02=1 oNnina—ieic dd1V CD o w•-----, Lo ° —.- 0___I < wo 83 ---- ai.j_737T075-, GV :s`• 0 0.20 z• iivaL IIIVIINVI -c) Lt., •S.CII ,--- 2 tic 0:) co =G- --- Cr Ea 0 i _L . I 0 , I .2:1C1 1118213 JNYA I _ •H CI 1118 ei3 Ci NVA 1 I — r•--,---- , PDI-PL20140000248 8/14/14 Parklands RPUD Teresa L. Cannon From: Gundlach, Nancy Sent: Friday, July 11, 2014 2:01 PM To: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Levy, Michael; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda;Wells, Laura Subject: Request for HEX Advertising in NDN for Parklands PDI Attachments: Request for Adv - Parklands PDI 7-11-14.pdf; Request for HEX Advertsg 7-10-14.docx; PDIPL14248(2x3).pdf Good afternoon, Please advertise the Parklands PDI petition attachments for the August 14, 2014 HEX hearing. Sincerely, Nancy Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning &Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, reply by telephone. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 July 10, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 25, 2014, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Planning &Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 ,k,/,' z----c). / .E.______----_ Author ed Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104,to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida m m m 0 0 c h Z u o ; O� n -m o z0 Teresa L. Cannon From: Minutes and Records To: Gundlach, Nancy Subject: RE: Request for HEX Advertising in NDN for Parklands PDI I will send the proof as soon as I get it.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Gundlach, Nancy Sent: Friday, July 11, 2014 2:01 PM To: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Levy, Michael; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Wells, Laura Subject: Request for HEX Advertising in NDN for Parklands PDI Good afternoon, Please advertise the Parklands PDI petition attachments for the August 14, 2014 HEX hearing. Sincerely, Nancy Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning& Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, reply by telephone. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 #076397 July 14, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: PDI-PL20140000248, Parklands RPUD (w/MAP) Dear Legals: Please advertise the above referenced notice Friday, July 25, 2014, (w/the attached map) and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450046717 July 14, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 25, 2014, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: 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 lmmokalee 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 11 Z 0 w— O O ¢0 d J Z O w gig a� Teresa L. Cannon To: Naples Daily News Legals Subject: PDI-PL20140000248, Parklands RPUD Display AD Attachments: PDI-PL20140000248 (HEX).doc; PDI-PL20140000248 (HEX).doc; PDI-PL20140000248 (HEX).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,July 25,2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, July 21, 2014 4:14 PM To: Teresa L. Cannon Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 Attachments: NDN231130906.CCHEX Proof.Parklands.072514.pdf From: Polidora, Carol Sent: Monday, July 21, 2014 4:11 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130906.CCHEX Proof.Parklands.0725.14 Hi Teresa! Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: 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 PROJECT LEE COUNTY LOCATION I MESr tffi ww5a 8 p 10 11 MAR 1951114a 17.44 OMEN 1FIURN4 11184501. (056 17 16 15 14 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231130906 July 25.2014 Teresa L. Cannon From: Gundlach, Nancy Sent: Monday, July 21, 2014 4:44 PM To: Teresa L. Cannon Subject: RE: #231130906.CCHEX Proof.Parklands.0725.14 The ad looks good Teresa. Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Monday, July 21, 2014 4:22 PM To: GundlachNancy Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 Please review,Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, July 21, 2014 4:14 PM To: Teresa L. Cannon Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 From: Polidora, Carol Sent: Monday, July 21, 2014 4:11 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130906.CCHEX Proof.Parklands.0725.14 Hi Teresa! Please provide approval ASAP for publication on 07.25.14. 1 Teresa L. Cannon From: Neet, Virginia Sent: Tuesday, July 22, 2014 8:27 AM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez,Wanda Subject: RE: #231130906.CCHEX Proof.Parklands.0725.14 Teresa: I checked the proof against the ad request and it looks good. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday, July 21, 2014 4:21 PM To: NeetVirginia Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 Please review, thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidoraCTnaplesnews.com] Sent: Monday, July 21, 2014 4:14 PM To: Teresa L. Cannon Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 From: Polidora, Carol Sent: Monday, July 21, 2014 4:11 PM To: Teresa.Cannon @collierclerk.com' Subject: #231130906.CCHEX Proof.Parklands.0725.14 Hi Teresa! 1 Teresa L. Cannon �L- IPL lytr 4_41? From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, July 23, 2014 3:03 PM To: Teresa L. Cannon Subject: RE: #231130906.CCHEX Proof.Parklands.0725.14 Released... From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130906.CCHEX Proof.Parklands.0725.14 Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, July 21, 2014 4:14 PM To: Teresa L. Cannon Subject: FW: #231130906.CCHEX Proof.Parklands.0725.14 From: Polidora, Carol Sent: Monday, July 21, 2014 4:11 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130906.CCHEX Proof.Parklands.0725.14 Hi Teresa! Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 • NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing NAPLES DAILY NEWS Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, Published Daily FL 34104,to consider: Naples, FL 34110 PETITION NO. PDI-PL20140000248 - Parklands Associates I, LLLP requests an insubstantial change to Ordinance No.12-30,the Parklands Residential Planned Unit Affidavit of Publicatio 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 State of Florida 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 Counties of Collier and Lee subject property consists of 642± acres located approximately two miles north of Irnmokalee Road (CR 846) and immediately adjacent to the Lee County line, east of Before the undersigned they serve as th the Quail Creek subdivision and north of the Terafina/Riverstone PUD in Section 9, Township 48 South, Range 26 East, Collier County, Florida appeared Daniel McDermott, who On O; Inside Sales Manager of the Naples Dail PROJECT newspaper published at Naples, in Colli Lo OJ CT distributed in Collier and Lee counties ( LEE COUNTY attached copy of the advertising,being : I I -ARNLANOS MIRASOL NEST (DRI) tU n PUBLIC NOTICE o in the matter of PUBLIC NOTICE HERITAGE RA. was published in said newspaper 1 time ERMNA wRA�o `°E' on July 25, 2014. " I 16 15 14 Affiant further says that the said Napl , All interested parties are invited to appear and be heard. All materials used in published at Naples, in said Collier Cou presentation before the Hearing Examiner will become a permanent part of the record. newspaper has heretofore been continue County, Florida; distributed in Collier al Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe each day and has been entered as secone, Drive, Naples, FL. office in Naples, in said Collier County, year next preceding the first publication The Hearing Examiner's decision becomes final on the date rendered. If a person advertisement; and affiant further says t decides to appeal any decision made b •the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of promised any person, firm or corporatio that proceeding, and for such purpose he may need to ensure that a verbatim record commission or refund for the purpose of of the proceedings is made, which record includes the testimony and evidence upon publication in the said newspaper. which the appeal is to be based. 4 you are a person with a disability who needs any accommodation in order to — <== participate in this proceeding, you are entitled, at no cost to you, to the provision (Signature of affiant) of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- /—\ 5356, (239)252-8380, at least two days prior to the meeting. n Swo to and sub scri'ed before me Th. 9th day o f ' , 201 Mark Strain, I / Chief Hearing Examiner '�I Collier County, Florida 10/C6--e., July 25.2014 (Signature of notary public) No.231130906 1 _.a:':�:' ; CAROL POLIDORA — k• ` MY COMMISSION#EE 851758 ("n 47; EXPIRES:November 28,2014 '• of o?` Bonded Thw Pichard Insurance Agency OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM AUG�1 �V C_Jj`? TO: Minutes & Records, Clerk of Courts ByA- FROM: Wanda Rodriguez,ACP /- DATE: August 20, 2014 RE: Hearing Examiner Decision(s) from August 14, 2014 Attached are the signed HEX decisions from the Hearing Examiner hearing on August 14, 2014. Attachments: HEX No. 2014—20 HEX No. 2014—21 HEX No. 2014—22 HEX No. 2014—23 HEX No. 2014—24 [05-00A-01253/813782/11744 HEX NO. 2014—24 HEARING EXAMINER DECISION 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. DATE OF HEARING: August 14, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No members of the public were present during this hearing; however, one letter of objection was received. The objector was concerned that this application would remove an easement, described as 600 feet north to south, along the border between the Parklands PUD and the Terafina PUD (also known as Riverstone). In reviewing file documents and testimony from the applicant, the border between the two PUDs requires a preservation area that meets the approximate size as portrayed by the objector. During review of this application it was clear that the previously dedicated preservation area is not impacted. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140000248, filed by Robert L. Duane, AICP, of Robert Duane and Associates, representing Kevin Ratterree of Parklands Associates I, LLLP, with respect to the property as described in the Parklands RPUD, Ordinance No. 12-30, for the following insubstantial changes: [14-CPS-01305/1107776/1]51 1 of 2 • to reduce rear yard setbacks for single family accessory structures for pools on open space/waterfront lots from five feet to three feet; and • to reduce rear yard setbacks 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. Said changes are fully described in the Parklands RPUD amendment attached as Exhibit "A". ATTACHMENTS: Exhibit A—RPUD Amendment LEGAL DESCRIPTION: Described in Exhibit D of Ordinance No. 12-30, the Parklands RPUD APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 6, 0 -1-° t`, V A Date Mark strain, Hearing Examiner Approved as to form and le d aliit/ty: ` �3 H i Ashton- ick_ Managing Assistant County Attorney [14-CPS-01305/1107776/1151 2 oft EXHIBIT "A" Page 1 of 3 THE PARKLANDS Rpup_pDI INSUBSTANTIAL CHANGES [14-CPS-01305/1109716/1]57 Page 1 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES Insubstantial Change TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struck ough are deleted; Revision Date:July 10,2014 •••indicates break in pages EXHIBIT "A" Page 2 of 3 EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD A. TABLE Single- Single Two Family Single-Family Multi- Model Guard Preserve Recreation PERMITTED USES Family Family &Duplex Attached Family Homes Gate Area Site AND STANDARDS Detached Zero (R) And Dwellings (R) House Structure (RS) (R) Lot Townhouse (Except (ROWS) (P) Line (more than 2 Townhouse) (R) units)(R)"1 (R) Minimum Lot Area 5,000 SF" 4,000 SF" 3,500 SF*12'10 3,500 SF*',2.10 9,000 SF" *5 N/A N/A 1 acre Minimum Lot Width*3 50' 40' 35''10 35710 90' *5 N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' *5 N/A N/A 100' Front Yard Setbacks 20''4 20'*4 20'*4 20'*4 N/A *5 *6 N/A 25' Front Yard Accessory 20' 20' 20' 20' N/A *5 *6 N/A 10' Setbacks Side Yard Setbacks 6' 0'or 10 7.5' 7.5' N/A *5 *6 N/A 10' Side Yard Accessory S.P.S.'9 S.P.S.*9 S.P.S.*9 S.P.S.*9 N/A *5 *6 10' Setbacks Rear Yard Setbacks 15' 15' 15' 15' N/A *5 *6 N/A 10' Rear Yard Accessory 5' 5' 5' 5' N/A *5 *6 N/A 10' setbacks Rear Yard Setback. 3' 3' N/A N/A N/A N/A N/A N/A N/A Pools and Spas adjacent to Open Space: *13 Rear Yard Setback ~— Screen enclosures 0 0 N/A N/A N/A N/A Ea ELA N/A Adjacent to Open Space:*13 ` Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories 2 stories Height 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' Actual 40' 40' 40' 40' 60' *5 40' 35' 50' Distance Between Principal&Accessory 10' 10' 10' 10' 20'*' *5 N/A N/A 10 Structures Distance Between 10' 0'or 10' 15' 15' 30' *5 N/A N/A 10 Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF *5 N/A N/A N/A Setbacks from Preserve Areas– 25' 25' 25' 25' 25' *5 25' N/A 25' Principal Structures*8 Setbacks from Preserve Areas– 10' 10' 10' 10' 10' *5 10' N/A 10' Accessory Structures*g Setback from Track N/A N/A N/A N/A 25'"12 N/A N/A 10''8 25' Boundary Setback from Internal N/A N/A N/A N/A 20' N/A N/A NIA-10' N/A-25' Drives or Travel ways. (All distances are in feet unless otherwise noted.See next page footnotes) [14-CPS-01305/1109716/1]57 Page 2 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES Insubstantial Change TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struekough are deleted; Revision Date:July 10,2014 ***indicates break in pages EXHIBIT "A" Page 3 of 3 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 15' 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 *11 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 track boundary. *13 Open Space Lots shall apply to that portion of the rear lot line that abuts a separate landscape buffer tracts water management/lake tract,and/or open space tract. C. LANDSCAPE AND MAINTENANCE EASEMENTS Landscape buffers easements and lake maintenance easements shall be platted separately. ******* [14-CPS-01305/1109716/1]57 Page 3 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES Insubstantial Change TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words are deleted; Revision Date:July 10,2014 ***indicates break in pages AGENDA ITEM 4-B Co-Mr 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: The 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 / PROJECT LEE COUNTY LOCATION SITE L J LOCATION .a am r . ;iu( —im • ,r aRr r. � �ar rrY t♦ IJ r. - 7 w C 11 N IS$t y f' �� NA eamf�Y i4r RPU� _- NIL r�IR[ I�/s r� Y0.A. , >o ,.1a L-J •' rns". : 1_` r---............. I...7 _I L ass,L--1 l 11 01214,.... gam.. Y TTj 0 I-. n mt– . L n .., i avtarNIM/ 00 � lu��uw�►�02211202 r-'L. �' ulr9 IIli1 I. „ .RaI .�.n - .a" mwR 111/ Illi� �u1�s:�. f _ ilo ;I. '.i►►�' G RPUD _"., 1 .v of I, a �IQ I /�� • r♦ J L.. ,vat ,.. � d `rrnurrunri � 1 71014 ,o ��� a r0r:�� �. 8 Jar rui V ��uwuunp u, r\ V ..L.'n' L , d a 400.-2-VW luNgai ± nrnii�� 1 J rr m .n.el .a1LRJ u.r A � 1► �1 _ LOCATION MAP ZONING MAP PETITION #PDI-PL-2014-248 ■ 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 for 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 casements to be platted separately. ANALYSIS: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan 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 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-PL20140000248 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 DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The 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: / 11' .. , ' .S1 IG 2V4' NANCY G ill L C , AICP, PRINCIPAL PLANNER ATE GROWTH NA(MENT DIVISION REVIEWED BY: RAYMO 7a------------V. BELLOWS, ZONING MANAGER DATE GROWT ANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION Parklands RPUD, PDI-PL20140000248 Page 6 of 6 July 9,2014 Robert L. Duane & Associates Land Planning & Zoning Consultants u� Y A.I.C.R 4880 Tamarind Ridge Dr. Naples FL. 34119 (239)353-4167 �7 t .,. robertrosalba.duane(Yahoo.com Final Parkiands RPU D PDI (14-CPS-01305) PL20140000248 Insubstantial Change July 30, Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. RobertRosalba.duane @yahoo.com 239-353-4167 (c)239-682-1339/595-5096 Planning Services English &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-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. 16. Pre-application Meeting Notes 17. The Parklands RPUD(Ordinance 12-30)that includes a reduced 8z11 copy of current Master Plan. 18. Copy of completed Addressing Checklist. 19. Location map. 20. Electronic copy of all documents and plans. (CD-ROM) 1 PDI-PL20140000248/File No.14-CPS-01305 The Parklands RPUDA/DRI Insubstantial Change. Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 Fast.Collier County Parcels:00177600003/00177810000/00177600100 Revision Date:July 30,2014 Words underlined are added;words struck-trough are deleted; ***indicates break in pages Co r Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED IAPPLICANT CONTACT INFORMATION I Name of Applicant(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: 'Robert L. Duane, AICP. Robert L. Duane & Associates 4880 Tamarind Ridge Dr. Naples, FL.34119 (239)353-4167 robertrosalba.duane@yahoo.com 'Kevin Ratterree, AICP, V.P. G.L. Homes 1600 Sawgrass Corporate Pkwy. Suite 400 Sunrise, FL.33323 (954)753-1730 FAX (954) 575-5240 kevin.ratterree@glhomes.com E-Mail Address: kevin.ratterree@glhomes.com / robertrosalba.duane @yahoo.com IDISCLOSURE OF INTEREST INFORMATION I Is the applicant the owner of the subject property? • Yes ❑ No 1. If applicant is a land trust, so indicate and name the beneficiaries below. 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 2/6/2014 Page 1 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 x 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. LIMITEDPARNERSHIP. SEE ATTACHMENT. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. 1 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) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: PARKLANDS RPUD ORDINANCE NUMBER: 1 2-30 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. ISEE ATTACHED LEGAL/ DEED Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? "' Yes I f No If no, please explain: Has a public hearing been held on this property within the last year? 1 Yes U No If yes, in whose name? Has any portion of the PUD been [' SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? I I Yes No '~ If yes, please describe on an attached separate sheet. 2/6/2014 Page 2 ieY 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 See Chapter 3 G.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 10 1^ 1 f] Pre-Application Meeting notes 1101 n U Project Narrative,including a detailed description of proposed changes 10 © n and why amendment is necessary Detail of request `,ol n u Current Master Plan&1 Reduced Copy ,© n n Revised Master Plan&1 Reduced Copy rq n n Revised Text and any exhibits 1 do( n L List identifying Owner&all parties of corporation 2 Ix I n Affidavit of Authorization signed¬arized 2 U n Completed Addressing Checklist 1 © 11 Copy of 83,4 in.x 11 in.graphic location map of site 1 l x [ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all © J x J 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(PDI):$1,500.00 I Pre-Application Meeting: o Planning and Zoning Fee-$500.00 4 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 Q-- Naples, FL 34104 02.18.2014 Applicant/Owner Signature Date ROBERT L.DUANE Applicant/Owner Name(please print) 2/6/2014 Page 3 THE PARKLANDS INSUBSTANTIAL CHANGES Page 1 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES Insubstantial Change �,...� TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struckFtlfaugh are deleted; Revision Date:July 10,2014 "•indicates break in pages EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD A. TABLE Single- NB& Two Family Single-Family Multi- Model Guard Preserve Recreation PERMIT!ED USES Family F*1110v &Duplex Attached Family Homes Gate Area Site AND STANDARDS Detached Zero (R) And Dwellings (R) House Structure (RS) (R) Lot Townhouse (Except (ROWs) (P) Line (more than 2 Townhouse) (R) units)(R)=11 (R) Minimum Lot Area 5,000 SF*1 4,000 SF" 3,500 SF*1 2,1° 3,500 SF*1,2,10 9,000 SF" *5 N/A N/A 1 acre Minimum Lot Width*3 50' 40' 35'*10 35''1° 90' *5 N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' *5 N/A N/A 100' Front Yard Setbacks 20'*4 20'*4 20'*4 20'*4 N/A *5 *6 N/A 25' Front Yard Accessory 20' 20' 20' 20' N/A *5 *6 N/A 10' Setbacks Side Yard Setbacks 6' O'or 10 7.5' 7.5' N/A *5 *6 N/A 10' Side Yard Accessory S.P.S.*9 S.P.S.*9 S.P.S.*9 S.P.S.*9 N/A *5 *6 10' Setbacks Rear Yard Setbacks 15' 15' 15' 15' N/A *5 *6 N/A 10' Rear Yard Accessory 5' 5' 5' 5' N/A *5 *6 N/A 10' setbacks Rear Yard Setback. 3' r 3— N/A N/A N/A N/A N/A N/A N/A Pools and Spas adjacent to Open Space:*13 Rear Yard Setback --.Scteen'enclosures' (? 0 NIA N/A N/A N/A N/A NIA N/A Adjacent to Open Space:*13 Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories 2 stories Height 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' Actual 40' 40' 40' 40' 60' *5 40' 35' 50' Distance Between Principal&Accessory 10' 10' 10' 10' 20'2 *5 N/A N/A 10 Structures Distance Between 10' 0'or 10' 15' 15' 30' *5 N/A N/A 10 Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF *5 N/A N/A N/A Setbacks from Preserve Areas— 25' 25' 25' 25' 25' *5 25' N/A 25' Principal Structures*8 Setbacks from Preserve Areas— 10' 10' 10' 10' 10' *5 10' N/A 10' Accessory Structures*8 Setback from Track N/A N/A N/A N/A 25'*12 N/A N/A 10"8 25' Boundary Setback from Internal N/A N/A N/A N/A 20' N/A N/A NIA-10' N/A-25' Drives or Travel ways. (All distances are in feet unless otherwise noted. See next page footnotes) Page 2 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES —., Insubstantial Change TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words 4w:4-through are deleted; 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 15' 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 *11 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 track boundary. *13 Open Space Lots shall apply to that portion of the rear lot line that abuts a separate landscape buffer tract, water management/lake tract,and/or open space tract. C. LANDSCAPE AND MAINTENANCE EASEMENTS Landscape buffers easements and lake maintenance easements shall be platted separately. ******* Page 3 of 3 THE PARKLANDS RPUD-PDI ORDINANCES CHANGES Insubstantial Change TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struck through are deleted; Revision Date:July 10,2014 ***indicates break in pages �-. EVALUATION CRITERIA SECTION 10.02.13 PUD REZONING 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 access,drainage,sewer, water and other utilities. The Parklands RPUD/DRI is located north of the Terafina/Riverstone 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 G.L. Homes of Naples Associates II,LTD. 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 identing 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. The 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 for accessory structures as noted are also contained in the Terafina/Riverstone PUD to the South. Furthermore, 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/DRI Insubstantial Change Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 East.Collier County Parcels:0017'7600003/00177810000/00177600100 Revision Date:03.102014 Words stnekthrengh art deleted;wards mmdvamed are added.MI distance ate in rat...kiss otherwise mated•"Indicate brook u pagan 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 moderations 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. The Parklands RPUDA/DRI 2 Insubstantial Change. Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 East.Collier County Parcels:00177600003/00177810000/00177600100 Revision Date:03.10.2014 World seeekebesegb are ddaed;wordy underroed are added AU distances are ha rue uaien otherwise oath.•••Indicate break it pages 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. The Parklands RPUDA/DRI 3 Insubstantial Change. Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 East.Collier County Parcels:00177600003/00177810000/00177600100 Revision Date:03.10.2014 Words w.e.t....git,Rama;.o.ds pnaeraooa are added.All aw..omm I.an w.sam,f�noted....Winne break omen 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.II],as amended. The Parklands RPUDAJDRI 4 Insubstantial Change. Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 East Collier County Parcels:00177600003/001778100(10/00177600100 Kevislon Late:03.10.1014 Words a rstekd x..yt are deleted;wort=dulled are added.All&'Waimea are is feet mates deernin weed.•••r skate break la page. 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. The Parklands RPUDA/DRI 5 Insubstantial Change. --� Ordinance 12-30 Naples FL 34119,FL, Section 9.Township 48 South.Range 26 East.Collier County Parcels:00177600003/00177810000/00177600100 Revision Date:03.10.2014 Words sersel Y.eDq.arc ddb worm are added.AaaIsYOlea axis fret mina atherwiac Dated...Indicate lusak h.pages 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 Iand 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. 2.7.3.5.4 or 2.7.3.5.6 of this code. The Parklands RPUD is a DRI, since the proposed changes are not 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. 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 changes proposed do not change the original analysis, rezone findings, or PUD findings for the original application. PUD Criteria and Rezoning findings are attached. Co(l er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net AFFIDAVIT We/I, 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 submitted. As property owner We/I further authorize ROBERT L. DUANE, AICP AND R. BRUCE ANDERSON ES•. to act as our/my representative in any matters regarding this Petit. Signature f 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 acknpwledged before me this - --L day of At- k , 6$-,:rx), by e 71-) 4.-fiGfrec. who is personally known to me or has produced as identification. �, State of Fldr'.a (Signature of Notary Public - State of Revised May2010 Codier 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 County of Collier Florida) E R f MY COMMISSION#DD712050 (Print, Type, or Stamp Commissioned EXPIRES September 05,2011 Name of Notary Public) t<407;.',i9810153 FloridallotaryService com Revised May2010 Co'Mel, County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-5358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, KEVIN RATTERREE .Tint name as V.P. (title,if applicable)of I PARKLANDS ASSOCIATES L LLLP j (company,If applicable),swear or affirm under oath.that I am the(choose one)owner d applicant contract purchasers (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 unencumbered by the conditions and restrictions imposed by the approved action. 5. Weil authorize ROBERT L.DUANE to act as Our/my representative in any matters regarding this petition including I 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 he signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee'. • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc., and then use the appropriate format for that ownership. 41 io3 .�✓�5" v -,C.4e gb, .77/0 ,/ 4�tr P, er7�.. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it ar_ rue. , ._A is 3fl1$1 ` ignature Date STATE OF FLORIDA COUNTY OF-tQWEik- Aet7.11/44'/e e foregoing instrument was sworn to (or affirmed) and subscribed,before me on 3 1� (date) by f e-v f� TTE/ (-(name of person providing oath or affirmation), as YVc a JRff..),C'Nr'of who is f personally known to me or who has produced (type of identification)as identification. Ae- re&igQ.k J, AiS s , PP42 Co,e/''a,€4 3"i.7.U, 7-Y,z e' t_ f iF47-';t of-- / .4r ,4SSacr,4/ T', /-LL/ _-( ` STAMP/SEA L; Signaturl of No ry Public cnos-COA-art 15\rs; TERRY KAPLAN MUM 2/5/2014 - ••: My commi3$tpp#maw 'age 4 of 5 EXPIRES September co,301! COVENANT OF UNIFIED CONTROL The undersigned does hereby swear or affirm that we are the fee simple titleholders and owners of record of property owned by PARKLANDS ASSOCIATES I,LLLP. Parklands RPUD Property located in Section 9 Township 48 South,Range 26 East,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 the Parklands Residential Planned Unit Development Amendment.I hereby designate ROBERT L.DUANE.AICP OF ROBERT L. DUANE&ASSOCIATES legal representatives thereof,as the legal representatives of the property and as such,these individuals are authorized to legally bind 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 be guided accordingly in the pursuit of development of the project: 1. 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 planned unit development rezoning. 2. The owners identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land 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: KEVIN RAT'1'ERREE, V.P.,PARKLANDS GENPAR COPORATION,THE GENERAL PARTNER OF PARKLANDS ASSOCIATES I.LLLP By:Kevin Ratterree By r { . J --.i/�i`.. J�C'�Y 4f 4&6.e j"iGc 11G ►,eC�+tl l Signature Print Name,Title OA ; : • . s. • • .AI► - -- STATE OF FLORIDA COUNTY OF CO ��R�, SIL/W Sworn to(or affirmed)and subscribed before me this fU day ,2014 KEVIN RATTERREE,V.P.,PARKLANDS GENPAR CORPORATION,THE GENERAL PARTNER OF PARKLANDS ASSOCIATES I,LLLP w gja. ersnna ly know_, n to me or produced as identification. f ■, (SEAL) (( -61L-------- i , o!rry P .ljc/ ,�y� 1��,-�T�`YV 1 + ., TERRY KAPLAN MU NI ty d,printed or stamped '�' MY COMMISSION#EII EXPIRES September O7,** (4171311.0159 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 I, 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 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, PUD 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 Fant,Vice President The fo i goin: ins i 'ent was sworn to, subscribed and acknowledged before me this 1, ) day of . i Ii_ • ,IG.,: ...-k 2010, by Alan Fant, Vice President of Parklands Genpar Cori : 4lorida corporation, the General Partner of Parklands Associates I, LLLP, who is •ersonally known to me or produced as identification. IL, kki..__.._■"4 .... ._IIP ., �„ No M: is [No it'r• t ANNETTEMAR1EARR0Y0 • R MY�ONPDD9049e1 Printed Name: v ,; ,. Bonded l :NOYepber8,2013 My Commission Expires: " May Punic Wend= r., CORPORATE AFFIDAVIT STATE OF COUNTY OF //'/Y'1ef1I,1J ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Joel Kaul, the VI et. PreSidoirr 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 being the General Partners of Parklands Associates I, 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 V t ei R'.tSfdt 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 are 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 ,• . k 4 Joe K.ul, tf;C'e v Ao d` 30 J The f egoing instrument was sworn to, subscribed and acknowled ed before me this /� day of .;S rnber- , 2010, by Joel Kaul, the /i Ce -4S1 of MFV-GLGP, LLC, a Delaware corporation, the General Partner of Parklands Associates I, LLLP, who is personally known to me or has produced p QrSti.,G.l l t1 lc'hcvt as identification. ?few,— Notary P i [Notary Seal] Printed Name: jM My Commission Expires: '5) c ,0-- 91 iN :11r : . .: .. 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 HM 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 $1,050.00 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(DRI, 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 93-1. Also please be advised that the PUD Master Plan subject to this minor change is a PUD Master PIan 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. C:1 Users\nnaier-lenz\AppDatall.ocal\Microsof\Windows\1'emporary Internet Fil es\Content.OutIook\FYX0A4FC\R13 1009 Ur tr PMC Application(DRAFT 09-13-2010)krcltangesclean.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.E.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 further 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.E.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.c. 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. CAUsersirmaier-lent\AppDatatLocal\IVficrosoftWlindows\Temporary Internet Fites\Content.Outtook\FYX0A4FC\R13 1009 ltr tr PMC Application(DRAFT 09-13-2010)krchangesclean_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 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 PUD 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 PUD Ordinance 03-42; • Three (3) copies of current Master Plan(and 1 reduced copy); • Three (3)copies of revised Master Plan (and I reduced copy); • Two (2) copies of Owner/Agent Affidavit(signed/notarized); • One(1) 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. w/enclosures George H. Hermanson, P.E., Sr. VP w/out enclosures C:\Users\rtuaier-Ienz\AppData\Local\Microsoft\WindowsVl'emporary Internet Piles\Content.Outtook\FYXOA4FC\RB 1009 Itr tr PMC Application(DRAFT 09-13-2010)krchangesclean.DOC *** 3436811 OR: 3603 PG: 0858 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Prepared by: 07109/2004 at 09:I1AK DWIGHT I. BROCE, CLERK Patrick G. White, RUC FEE 10.00 _ Ass't. Collier Cty. Atty. DOC-.70 .70 2800 N. Horseshoe Dr., Retn: Naples FL34104 CHARLES J BASIEAIT P 0 BOY 290 QUITCLAIM DEED FORT KTIRS FL 33902 0280 THIS QUITCLAIM DEED executed this day of�( 2001 by COLLIER COUNTY, a political subdivision of he State of Florida, whose post-office 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 • ..nd in consideration of the sum of Ten Dollars ($10.00) in hand paid b 4`4iCl r. +.: -, the receipt whereof is hereby acknowledged, does hereby = ease, , 21.:tclaim unto the said Grantee forever, all the right, title, int= :s aim and deman• wit, the said Grantor has in and to the following described I� t, •"o arcel of land -lua lying and being in Collier County, Florida, to wit: \ \ The West 60 feet 1 of :- -st I Ile) • TS cti n 9, Township 48 South, Range 26 " Chi 1 4 •rida . :L f �°" i '1 Subject to ea-d . nts, restrictions, i., r-s A`r: ons of record. e TO HAVE AND TO Hs ■ i - same toget - 6vi �} all appurtenances thereunto belonging or in anywise apperta'•i '. • • . , I�:. - -, right, title, interest, lien, equity and claim whatsoever of the said Gr- • •1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST: t,,,,,ttit,,,, BOARD OF COUNTY COMMISSIONERS DWIGHT E f�k COLLIER COUNTY, FLORIDA g. `- f.!�°' i s r. i0�ti.�• � ~—.(A. ty Clerk Ds A I. A , CH• IR Attest a<" signature oi� i;, ,,;r.; ' It —ROVED ROVED Asi©•FORM AND LEGAL SUFFICIENCY: Patrick G. r e, Assistant County Attorney GMAC/Parklands Exhibit B(Collier) 17 R 45 RECORDED INSTR 441193/31/O2010 5 1251 1 PG P M 1565 PAGES 3 Return to;(enclose self-addressed stamped envelope) DWIGHT E. BROCK Mark F.Grant,Esq. COLLIER COUNTY CLERK OF THE CIRCUIT COURT RudenMcCloskyP.A. CONS $19,450.20 REC$27.00 200 East Broward Boulevard,Suite 1500 $2,778,600.00 Fort Lauderdale,Florida 33301 This Instrument Prepared by: Mark F.Grant,Esq. Ruden McClosky P.A. 200 East Broward Boulevard,Suite 1500 Fort Lauderdale,Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA Parcel ID Nos.:00177600003,00177810000,and 00177600100. QUIT CLAIM DEED THIS QUIT CLAIM DEED, dated *1r' 2-1? , 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"). • RM:7283705:2 GMAC/Parklands Exhibit B(Collier) IN WITNESS WHEREOF, this Quit Claim Deed has been signed by Grantor as of the day first written above. i4 Ai* '- RC PROPERTIES IX,LLC, Witness: '� ry► a Delaware limited liability company - Witness: faMarillini • By: Name: i, , , Its: _ <T t}_n1T STATE oFitAi P, C A ) ) SS: COUNTY OF 11_) The foregoing instrument was acknowledged before me this Z t day of kg-aa , 2010, by -141-46T- 1�Q�N�CI N 3 as Nike �Gk SET T of RC PROPERTIES IX, LLC, a Delaware limited liability company, on behalf of said company, He/She (_) is personally known to me or (_) has produced a driver's license as identification and did not take an oath. Din:.EA '' 1111;‹, Notary Public-M4nnssofa ��'�%�� My Commission Expires Sign Nam , �. 01/31/2018 Print Name: _, l • .:/ S NOTARY PUBLIC,STATE OF( trl - - My Commission Expires:Giciti.3',Z of 5 RM:7283705:2 GMAC/Parklands Exhibit B(Collier) 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 Nancy and Mike, Below is additional corporate disclosure information for Thursday. //e/Vi 4,54(0,f-CC Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Steve Helfman [mailto:Steve.Helfman©glhomes.com] Sent: Monday, August 11, 2014 3:37 PM To: AshtonHeidi Cc: Kevin Ratterree Subject: Parklands Associates I, LLLP, a Florida limited liability limited partnership Heidi, as we discussed, this shall confirm that: 1. Parklands Genpar Corporation (a general partner of Parklands Associates I, LLLP) is owned indirectly, through various entities, by Itzhak Ezratti, Maya Ezratti, Misha Ezratti and Maxie Ezratti, individually and/or through trusts for their respective interests 2. MFV-GLGP, LLC (a general partner of Parklands Associates I, LLLP) is an affiliate of a private, non-publicly traded, equity firm and is not willing to disclose their beneficial owners. We can confirm, however, that the entity is affiliated with Mountain Real Estate Group having offices in Charlotte, NC, Minneapolis MN, San Diego, CA and White Plains, NY. We trust that this will be sufficient for your purposes. If you have any questions, feel free to contact me to discuss. Thanks, Steven M. Helfman, Esq. General Counsel G.L. Homes 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, Florida 33323 954.753.1730 (phone) 954.575.5295 (fax) Steve.Helfmanglhomes.com (e-mail) Robert L. Duane & Associates Land Planning& Zoning Consultants A.LC.P. 4880 Tamarind Ridge Dr.Naples FL.34119 Office(239)353-4167 cells(239)595-5096/682-1339 robertrosalba.duane(ayahoo.com April 10, 2014 In reference to April 8, 2014 Collier County letter re: PL20140000248: Zoning Comment 2: Find attached Corporate Affidavit(Parklands Genpar 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 PUD 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. General Partners: Parklands Genpar Corporation 1% MFV-GLGP, LLC 1% Limited Partners: Parklands Limpar Corporation 49% MFV-GLLP, LLC 49% Robert L.Duane&Associates Parklands Revision Date:07.27.2014 DISCLOSURE OF INTEREST INFORMATION Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net 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 Ownership 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 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 % 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 May2010 9erinty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.cottiergov.net d, if the property is in the name of a GENERAL or LiMITED PARTNERSHIP, list the name of the general andfor limited partners. Name and Address i % of Ownership I GENERAL PARTNERS: IParklands Genpar Corporation, a Florida corporation 1% 100% Subsidiary of affiliate of G.L. Homes MFV-GLGP, LLC,a Delaware corporation 1% 100% Subsidiary of 1M1FV-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 VG 2010, LLC (a venture between 49% affiliates of Varde Partners and Mountain Real Estate Capital) e. If there is a CONTRACT FOR PURCHASE, with an 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 % 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 May2010 FLORIDA DEPARTMENT OF STATE ` Div's ioN Or CoRPOR 1F1 NS Detail by Entity Name Florida Limited Partnership PARKLANDS ASSOCIATES I, LLLP Filing Information Document Number A10000000142 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 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 SUNRISE, FL 33323 nttp:'isear;n.sun hiz-crrylr:quiri!Corpora ionSearchiSearchResultDeta0,En._a-9025-91r;0a93dd70/Parkiards°b20As-=_cci:;tas'S201°�2c%20L a;Page', 5/27/14,9 53;4,1 Page 1 or 2 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 04/28/2014 -- ANNUAL REPORT View image in PDF format 04/25/2013 —ANNUAL REPORT View image in PDF format 04/23/2012 — ANNUAL REPORT View image in PDF format 04/22/2011 --ANNUAL REPORT View image'in PDF format 03/04/2010 — Domestic LP - View image in PDF format li . • . • .faerth.6unbiz.orgilnquiry,CorporaiiorSearoniSearcnRestiiiCetaiVEt, .a-9025-9fatga93dd70/Paridands*:20Associates'.201°,2c',20LLLP/Pagel 5127'14.9'53 AM Page 2 at 2 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, 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 CORPORATION 1600 SAWGRASS CORPORATE PARKWAY STE 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: Electronic Signature of Registered Agent Date General Partner Detail : Document it P10000019043 Document# M10000000998 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 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that 1 am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620,Florida Statutes;and that my name appears above.or on an attachment with all other like empowered. SIGNATURE:RICHARD M. NORWALK VP 04/28/2014 Electronic Signature of Signing General Partner Detail Date 2013 FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT FILED DOCUMENT#A10000000142 Apr 25, 2013 Entity Name: PARKLANDS ASSOCIATES I, LLLP Secretary of State Current Principal Place of Business: CC9650601 604 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 Current Mailing Address: 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE, FL 33323 FE( 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 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: Electronic Signature of Registered Agent Date General Partner Detail : Document# P10000019043 Document# M10000000998 Name PARKLANDS GENPAR CORPORATION Name MF WESTPARK,LL C. 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 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath:that I am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:RICHARD M. NORWALK VP 04/25/2013 Electronic Signature of Signing General Partner Detail Date Co MEN 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.cailiergov.net d. if the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/sr limited partners. Name end Address % of Owrgarehip 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, LLG, 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 an 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 % 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 May2010 Co 6-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 wwW.cotliergov.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 the Board of County Commissioner's website at htfo://www.colliemov.net/Index.aspx?pacte=774 NAME OF HOMEOWNER ASSOCIATION:OLDE CYPRESS MASTER ASSOCIATION MAILING ADDRESS 3045 OLEJE COVE WAY CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION:QUAIL WEST HOMEOWNERS OWNER ASSOCIATION MAILING ADDRESS 5950 BURNHAM ROAD CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION:QUAIL CREEK ESTATES MAILING ADDRESS 4886 POND APPLE DRIVE CITY NAPLES STATE FL ZIP 34119 r•IAME OF HOMEOWNER ASSOCIATION: QUAIL CREEK PROPERTY OWNERS ASSOCIATION MAILING ADDRESS 4386 POND APPLE DRIVE CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION[:QUAIL CREEK VILLAGE HOMEOWNERS ASSOCIATION MAILING ADDRESS 17875 QUAIL VILLAGE WAY CITY NAPLES-STATE FL ZIP 34119 Revised May2010 Co Mr C mty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieroov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and jar limited partners. Name and Address % 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 an 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 % 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 May.01U 7.edivim PUD Amendment 11.- Insubstantial (PDI) PRE-APPLICATIOJN MEETING NOTES PL# 20 '" o 2iet Date: � N� ► Time: t,M 4, Assigned Planner: � , At Project Name: p( tom' (.A %. Applicant Name: D9C± v ov)c Phone: Q6)--- 5-3- 4-1(67 Owner Name: 14/t AS "-ADO T S T L G L /� I G c9 RA-Cs C-4741(16 j ' j i y, S/r: ,�,L Owner Address: c ith r J f {—�_ 333Z 7 Phone: 93 Y Ii 7-ic7 2 2 tj Meeting Attendees: (attach Sign in Sheet) Meeting Notes jf *rvy 0)M4\ Z..t ?a ( .ir ersrz e-14:- All V lam' ISIS L .5C cr,,;, l - eS jz; ac its )J slit! fir,,(•, ` � Gcr ` - ti •.i/�.../ CA"' `PUDik FS Yr) G(/ l - re 1i e it -tie_ ME. A_I t_ tit . PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date 1 SCHOOL DISTRICT—Amy Taylor PARKS & REC—Vicky Ahmad SUPERVISOR OF ELECTIONS City of Naples—Robin Singer DR/EM1 —EMER. MGMT—Jim Von Rinteln IMMOKALEE WATER/SEWER DISTRICT BAYSHORE/GATEWAY TRIANGLE UTILITIES ENGINEERING—Paulo Martins REDEVELOPMENT Executive Director G:\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\PDI -PUD Amendment Pre-application June 2011.doc revised: 8/5/02, rev. 5/26/10 PUD AMENDMENT INSUBSTANTIAL (MI) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOI W`COVER SHEETS ATTACHED TO EACH SECTION. /�� NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED l I 4% W i - REQUIREMENTS 1 # OF NOT ►►PIE BMITTED REQUIRED (1 additional copy if located in Immokalee) (1 additional copy if for affordable housing) If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County ` y Housing and Human Services Department at 239-252-2273. jlr Completed Application (download from website for current form) IMMIIIIMIIII Pre-application Meeting notes MITO Current Master Plan & 1 Reduced Copy INF 0 Revised Master Plan & 1 Reduced Copy -WO Detailed description of why amendment is necessary if 0 —MII1 PUD document with changes crossed through & underlined MIL 0 IIIWSIIIIIII PUD document as revised with amended Title Page with Ordinance # ■min�� -- Detailed description of proposed changes/Project Narrative =EMI (/ Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 List identifying Owner& all parties of corporation 2 Owner/Agent Affidavit signed & notarized 2 IIIIIMMII Copy of completed Addressing Checklist 1 If Copy of 8 1/2" X 1 1" graphic location map of site 1 (/ Traffic Impact Statement (TIS) 7 EMMEN Copy of Traffic Impact Statement(TIS) on CDROM 3 —. Environmental Impact Statement (EIS) and digital/electronic copy of EIS 3 ❑- P7 Electronic copy of all documents and plans (CDRom or Diskette) or ' exemption justification 2 Fee Calculations: ® hMi $1500.00 (Insubstantial) /��[[/j) -th le El $500.00 Pre-application fee `�"'"u "� 1 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) .. $925.00 Legal Advertising Fee– _ C meeting El $2500.00 EIS Review Fey`►■ Transportation Fees, if required (please attach a separate check for transportation fees) ❑ $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required U Other Property Owner Notifications: $1.50 Non-certified (To be paid after receipt of invoice from Planning Department) G:\CDES Planning Services\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 Dev patent-Carle Administrative Procedures Manual Chapter 3 / udicial Procedures with a Pu li Hearing G.3. PUD Insubstantial Change Reference LDC subsecti•• :.• .13 E, LDC section 8.10.00,and LDC Public Notice subsection .• H. Applicability This process applies 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 (PD!)"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD 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 PUD,provide a legal description for the subject portion. 5. 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 8%in.x 11 in.graphic location map of the site. 591Page I:\Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.dooc Collier County Land Development Code J Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing r\ 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. q 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: (Request-Sufficiently clear La describe the project) LOCATION: DATE: TIME: _ CONTACT: —R THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR.,NAPLES,FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. 60 I_Page is\Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.doa Collier County Land Development Code Administrative Procedures Manual --� Chapter 3 / 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 LDC 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 10.02.13 E. Updated • 61 IPage I:\Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.docx LoWWier 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 ,•••••N 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) ❑ 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 (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) O 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) Section 9. Township 48 South. Range 26 East. Collier County egt ties 7 - =r FOLIO(Property ID)NUMBER(s)of above (attach to, or associate with, legal description if more than one) r 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 'Attached) e 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# .-� Coder 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) 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) (6 17 7t 66(0 3 Folio Number OU i 7 7'10066 Folio Number :.f tj 17'2 On /00 C) Folio Number = f r Approved by � f �?, Date: f d -^ r - ((- Updated by: e Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED r 1 V 52Gk1•E 6)l AA,FENDMENTS TO SECTION 6.5, TABLE 1, DEVELOPMENT STANDARDS FOR RESDEN f t t AREAS Section 6.5, Table 1, entitled"Development Standards for Residential Areas"of Ordinance Number 04-15 as amended;the Terafina.PUD, is hereby amended to read as • follows: .6a5 Development Standards . TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL- AREAS PERMITTED USES ' SL TGLF ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT FAMILY FAMILY• FAMILY . . DETACHED LINE AND ATTACDED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F.") 3,000 S.F per ' 1 AC d.u. Minimum Lot width(2) 50 . 35 45 30 100 Front Yard Setback 20(4) I t 5(4) is") 20(4) 20(4) (Principal and Accessory Uses) a Side Yard Setback 6A) 0 or 10 ' 0 or 6 0 or 12 .5 BIB Rear Yard Setback: 20 , 20 20 20 Principal-Lots back to back 1 25 Rear Yard Setback: 10 i 10 10 10 15 Principal-Lots abutting lakes j easement areas and common I ��. open space fleas Rear Yard Setback: '—1 1 0 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory Pools and Spas(*— tots back to back Rear Yard Setback: 3 3 13 3 Accessory Screen enclosures— lots back to back f Rear Yard Setback: i - 3 1 3 3 Accessory Pools and Spasts)"— I 3 lots abutting lakes easement areas and common open space areas Rear Yard Setback: 0 0 0 Accessory Screen enclosures — tots abutting lakes easement areas and common open space areas Maximum Zoned 35 �__ _.J 35 35 35 Maximum Actual 138 38 3 I 38 38 tt B 8 uilding Height i I I I Distance Between N/A N/A N/A. 10 5`BH Structures Floor Area 1600 1 1400 - 1200 1200 1200 Minimum.(S.F.) Preserve Area Setback: • 25 25 25 1 25 25 • Principal Strictures I Preserve Area Setback: 10 10 10 10 10 Accessory Structures Words sued€-t at t are deleted;words underlined are added. MI distances are in feet unless otherwise noted. �,..� BH=Building Height _ PUD ORDINANCES G1ANGES PL20130001849,Planned Unit Dcmcbpnatt 2 Insubstantial Change Rilc-N10001Terafina R PUD Ptgn.,.y Ro'oni ng Applic10o0 72640030434. Revision Date Feb.Ot.2014 Dotes: 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 thazi 23 feet. Should the"garage°door1be side�loaded,;.there shall he"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. 6. A corner for shall be defined as a lof wherein, two yards directly abut.road.riglxt- of Way The front.setback,of.a corner lot.shalt bemeasured from the side with the shortest roadway frontage- and the other•.side with road:!frontage `shall°:.be designated Asa side yard. The minim front setback:or a corner lot shall ber,15 feet. AMENDMENT TO. SECTION VII PERMITTED USES AND DIMENSIONAL .STANDARDS FOR RECREATION CENTER/. NEIGHBORHOOD':VILLAGE. CENTER COM i4ERCIAL' USES. Section 7 1 Development -Standard Section VII Fermi ed .Uses and '.Dirrmnsional Standards for Recreation C enterfNeighborhvo i Village CoMrriercial Center uses are hereby. amended as folio s C.'" he requirements for Vie'Recreation Center/Neighborhood Village Commercial Center Component of the - . D are set out as follows; 74` Signs. A unified sign plan. shall.be:subulitteds and inade.a part of=the appi•oyal v r,the Recreation Center/. neighborhood Commercial Center Site. Development Plan. The approved unified sign plan will .establish_ signage specifications and-will,therefore become the sign regulations that wilt;apply;to the .Recreation Center/Neighlorhood Tillage Commercial Center_ The unified sign;plan shall adhere to Section 2$:3.$.2.1. of the LDC, ekcept that pole signs are.prohibited Signs hall lie designed so.that heir size andlocation are pedestrian oriented`. a. .Sign Deviation No. 1. Seeks relief •oixi.Ll�C Section 5.06.02.3,.6.E Qn Premise Signs in Residential..Districts which allows a ground or tnonument 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 Cornmercial Center as shown on the Master Plan per the attached sign detail,that is not located at the enhance of the P'JD. ?OD ORDINANCES CHANGES 3 01,201300)1:149,Planned Unil Development Insubstantial Cringe R.ivcrslo efTemilna PUD Property Rmsonitrg Applianion 72(t0Q3(M24 Revision Date Fcb.04.2014 S ORDINANCE NO. 12-30 _ AN ORDINANCE OF THE BOARD OP COUNTY COMNHSSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTAT-LISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS 1Y CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHAVVE THE PUD BY REDUCING THE RESIDENTIAL DWELLING U Poi 1 cr; FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELIiG UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETIXO GOLF COURSES AS A PERMITTED USE REVISING DEVELOPMOIT STANDARDS, REQ(TESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE,AND ELIMINATING A 7.23±ACRE PARKUN PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF Tat L LEE-COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RAE .0"*"•, 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.3441- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO, 03-42; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County rommistoners approved Ordinance No. 2003-42, the Parklands HID on September 9, 2003; and WHEREAS, County staff approved a minor f-Irnendtrient to the PUT)on October 25, 2005 to relocate an intern&roadway; and WHEREAS, Bruce Anderson, Esquire of Roetzei & Andress and Robert Duane, /.ICf of Hole, Monte's, representing Parklands Associates I, LLLP, petitioned the Board of County Commissioners Co change the PUD by reducing the residentia l dwelling units from 1603 dwelling units to )350 residential dwelling units, increasing the preserve to 34.1= acres, releting golf courses as a permitted use, revising developmc-nt standards reouesting deviations from Me and Development Code, and eliminating a 7.23± acre park. Pars PUDA \PL2C10-155 ta 07/02/12 of 3 -----„, NOW i HE,REFORE, 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 Towns.: hip 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 Parkla_nds Rpuo, to allow construction of a maximum of 850 residential dwelling units in accordance ,,,fith tire Parklands RPITD document, attached hereto as Ex.hibits "A" through "F", and incorporated b reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No 2004-41 as aniended, the Collier County Lard 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 , i i i-_th ,. -'I—, I , ,.., Commissioners of Collier County, Flor:da, this eA---s.' ' day OT_jitiAL, ...-0 12. ATTEST ...,----, BOARD OF COUNTY COMMISSIONERS DWIGI-ptIBR..00401411.FRIK COLLIER COUNTY, FLORIDA A- 1-42 1: -... * ,,..itieikt . irk/ 1 z."-Y ,-,-,nr, t---ir r-q-1,-,71- r, ri FRED yv. .i..-t_.,11_,L.,5 -1/4,... I marl z-r 4-..- sv,14 ..- Anoroved as-to..lorm V and legal sufficiency: This ordinance filed vi'r•th ?rye At\. _1 11 It- i, pt_. Secretary of State's Off!ce tile Heidi Ashton-Cicko ond acknowagernent..ofi Managing Assistant County Attorney filinQ feceiy:ed t_t:, • ---:' cic'"/ ,---., nf.,(---'1;)- oy_.......,......._ ., - - Parklands PUDA k PL2010-155 t Rev. 07/02/12 3 "...".■ EYRISIT B DEITELOPYM IL— ,T44NDAKDS / ;7*,,, p' 4'Tit • .''' RPEJ I PERMITTED USES Single- Zero Two a rally-I Single- 1 M•*i - ' Model 1 Guard Present Recreation AND ST,A1,4)A.RDS Family Lot &Dnp e -3,... ''-• - .amily homes Gate Area Site Detached Line (R) 1 Attached/ Dwellings (R) House Structure (RS) (R) T•1:./ Townhouse I (exzept (ROWs) (P) (more than 2 j .Tawnhouse) units) I fR) I A.A., L ___ Minimum Lot Area 5,000 SF ' 4,000 SF' 3,500SF '•7"1° 3,500 SF • ' 9,000 SF ' N/A N/A 1 acre / Minimum Lot Width" 50' 40' 35'' ' 35' `r----. 90' ,...,. N/A ..,... N/A ---r-• /00' Minimum Lot Depth 100' 100' 100' 1 100' 1 100' ''. N/A. N/A 100' . 1 es -1 Front*Yard Setbacks 20" 10,•4 20,•4 20' ° 1 N/A . N/A 25' IFront Yard Accessory j 20' 20' 1 20' j N/A '5 't NIA 10' I Setbacks 20' I Side Yard Setbacks 0' 0'or 10 75 75 N/A -,..5 - ,e, N/A 10' Side Yard ACcessory Setbacks S.P.S.*9 S.P.S.'9 S.P.S.'9 S.P.S.'9 N/A 05 '6 10' I f Rear Yard Setbacks 15' 15' lq' N1i 45 t..........____:_......_____, 1 eaRIc::,ir.d-ASSC:ry 1 [ :setbacks L I 5' 5' 5' 5' N/A Maximum Building ' 2 stories 2 stories stories not 2 stories not 2 stories not •• no to to exceed t o e xcee.d. to exceed -s .6 2 stories I 2 sNto/Aries 1°' j°--.4\ nor.to I not to exceed I exceed 30' 30' 50' exceed exceed 1 .6 Zoned 30' 30' 40' 40' 60' 30' 25' 15, Actual / 40' t.,.. 40' es 40' 35' 50' j Distant Between 1 I 1 Principal&Accessory i 10' It 10' :0 10' 20 •-/ 1 .5 N/A NiA 10' 1 Structures i f I Distance Betw=n 1 10' / 0*or 10' 15' 15' 30' '''' NIA N/A 10' Princi•al Structures 1 I . Floor Area Minimum ; 1,0003? 1 1,000 SF 1,000 SF 1,,000 SF 75031' -3 N/A N/A N/A Setbacks from Preserve Areas- I 25' 1 25' 25' 25' 25' I 'S 25* N/A I 25' I Pond ial Structures43 I — - 1 Setbacks from 1 Preserve Areas,- . 10' ,U',.n., 10' 0' i 10' " 10' N/A 10* Ace,esso Structures I i Setback from Tract NIA N/A I NIA - N/A 25**1= il NIA N/A 10''' 25' I 1 Bounda-• I 1 1 Setback from Interns.: 1 Ni'-, j N/A. I N/A N/A 20' I NIA I N/A WA ikilk Drrv-es or Travelw I ays 1 ; I (See footnotes on Page 7 of 20) Page 6 of 20 "•—•\ 1-1:\20102010047NRLDTUD ArnendoesitTaq f-(=7)e-,71-ie Prid:-.:,-,,i, ri''''l;,,'010111'6- 6-70171,^- • • SF refers to square feet.All other measurements are in linear feet. *a 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. *Y Front yards shall be measured as follows; 4, If the parcel is served by a public right-of-.way,setback is measured fro-ii the adjacent-right-of-way line. B. lithe 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 r 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. Same as Residential ZoningDistrict where model home is located. ''& Minimum.5'from road edge of pavement or back of curb and minimum IS'from Logan Boulevard North ROW line. *7 May be reduced to 10'between multi-family buildings and garages. °h Not applicable to boardwalks which may be constructed up to the preserve tract boundary. *9 S.P.S.means same as principal structure, • *10 PCP trriit . *11 • Maximum of ten(10)units attached in one building, *I2 The perimeter buffer will not be.located within the 25'setback or will be located Outside:ofthe.i±act.boundary. .P53ge 7.of 20 1-0.201012010047 r lPl Al Anirndnertu'ost CCFC;The Parklands RPIJD 2010- J51(5-26-2012).do: iii+jlIl L+ it f 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 UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANVE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UWITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING c.) = GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMT ° 4 STANDARDS, REQUESTING DEVIATIONS FROM THE L. 1) DEVELOPMENT CODE, AND ELIMINATING A 7.23±ACRE PARI1 i M °..r PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF 'lF LEE-COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RAgGE ° 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34+/- 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 I, 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 PUDA\PL20t0-1551 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 jtv th1day of I) Iy , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT 18) h'.LERK COLLIER COUNTY, FLORIDA 1 rk% ./p FRED W. COYLE, C unan Approved as-to 'orm and legal sufficiency: J This ordinance filed with the 00 1- % Secretary of State's Office the � - 30 f1day of _;.),-1t4 491 Heidi Ashton-Cicko and acknowledgement of.that Managing Assistant County Attorney fill received this dcy of Parklands PUDA\PL2010-1551 Rev. 07/02/12 2 of 3 ' ' 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—DeveIoper Commitments CPA 1 I-CPS-01080\75 ••• Parklands PUDA\PL2010-1551 Rev. 07102/12 3 of 3 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 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 1. 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 LDC at the time of the request for such use. Page 3 of 20 \20,,,s010047\RLD■PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012)dm 4. PRESERVE (P) A. Any uses permitted in preserve areas by LDC 3.05.07.H.1.h in effect at the time of RPUD approval. B. 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 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. 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 1. Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. 6. OPEN SPACE/BUFFERS (OS/B) 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 back 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 satisfy 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:12010/010047\RLD\PUD Amendrnent\Post CCPC\1he Parklands RPUD 2010-1551(6-26-2012).doc 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 El:\2010 V010047\RLD\PUD Amcndment\Post CCPC1The Parklands RPUD 2010-1551(6-26-2012).doc EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD PERMITTED USES I Single- Zero Two Family 1 Single- Multi- Model Guard Preserve Recreation AND STANDARDS Family Lot &Duplex I 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) units) (R) R)* Minimum Lot Area 5,000 SF"- 4,000 SF" 3,500SF` 1° 3,500 SF"-'Id 9,000 SF9 `5 N/A N/A 1 acre Minimum Lot Width" 50' 40' 35'*i1 35'*i0 90' `5- N/A N/A 100' Minimum Lot Depth 100' I00' 100' 100' 100' -5 N/A N/A 100' Front Yard Setbacks 20''4 20''4 20'4 20'`4 N/A .5 `6 N/A 25' Front Yard Accessory 20' 20' 20' N/A '5 'b N/A 10' Setbacks 20' Side Yard Setbacks 6' 0'or 10 7.5' 7.5' N/A *5 N/A 10' Side Yard Accessory Setbacks S.P.S.'9 S.P.S.'9 S.P.S.'9 S.P.S.'9 N/A '5 '6 10' Rear Yard Setbacks 15' 15' 15' 15' N/A '5 '6 N/A 10' Rear Yard Accessory setbacks 5' 5' 5' 5' N/A •5 '6 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' •5 30' 25' 35' Actual 40' 40' '5 40' 35' 50' Distance Between Principal&Accessory 10' 10' 10' 10' 20'" '5 N/A N/A 10' Structures Distance Between 10' 0'or 10' 15' 15' 30' •5 N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF '5 N/A N/A N/A Setbacks from Preserve Areas— 25' 25' 25' 25' 25' '5 25' N/A 25' Principal Structures" Setbacks from Preserve Areas— 10' 10' 10' 10' 10' '5 10' N/A 10' Accessory Structures Setback from Tract N/A N/A N/A N/A 25'*i2 N/A N/A 10'" 25' Boundary Setback from Internal N/A N/A N/A N/A 20' N/A N/A N/A N/A Drives or Travelways (See footnotes on Page 7 of 20) Page 6 of 20 .�"-,„ H:\20I0\20I0047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc ^• *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 cut-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. Same as Residential Zoning District where model home is located. *6 Minimum 5'from road edge of pavement or back of curb and minimum 15'from Logan Boulevard North ROW line. *7 May be reduced to 10'between multi-family buildings and garages. 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. *11 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. r-� Page 7 of 20 H;\2010V2010047\RLD\.PUD Amendment‘Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc , 11111111111L a W Z t 6 agg>pll a as a pg LIr= S{ �Ill _ .-. • '°'.-Ol •• •N • •N O I+t ' A �■ 1 1-11- N f, y y 'O W I� Y 00000 0 00 Yis it : 6 h 2Q� ��C ~ - ;8 4' -i 4 W _ 1 j .r 1 t5 m9 5 z <u a yy y fq 'a �7=/c,7=r 3 YS/ -J M F- W ■∎-• g- ...1 6 G J C 0.O F, 1... .aiI�t u O C� h ((tj `+d .p Q' .�� g 1 C N y� g 5. p>>>W �yy + f;,To1 Ii� iii +GO b Y €n : > Tr J �!f�� n® W U E �M n w J tO N�t N -J ZZ y t Zp $�y}��`1 n. k' v gpl „A- Z O 1 4 1 W .~.. Itt CU 85x W7 ~0. 0 Y-.3 vg a 1— . g E P. z oi Z 1 :& - tq �' yfi r4A8 is 0 ! m ,,, g- re -.1 I. 47 iii NZ; it" Y. ,W1 xlg :F.; ilig 8 O O alai! Clad Iosvtmc 1 CN., IV ..!A‘ W ri W Y Sii • , N 3 W� �� a o0 W d U w ((II ...-.. K J W •O . x 63° x w III � r 0 G >�`\-\`'' - tom; ' < 1.+ ` ti, - 0 Q '..Val r^ vb'z ^ i s `'„ 4,,.( f /V.. It, :41"-i.,,, x :.... . ._,- . ,... , .... „„7: r/ cc , ..-t:::!..g..-_-,, -, , It .i , ,,,,.<,-N-A', /://1.P` a! 3 's? .". s',k.N. ,, -tv on '.... 88 - -Zik". 0. 1 ti�q �.- ,.�, l* ilgaggli 1 ; t \ 7�"- u..., 4., -...,, ,. -k. , \;,.nati .. and mn6 o a m i Page 8 of 20 H'2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc I 1 1 L_______......::EThj g 7 ,.„,..7......._7:,,,T\ V\ \\ --;,,,,'„..,_,-, iii /Ln— ))\\ '-----) I; -r-----___ / 1 ( 1 „., \ ,,, 1 C _ t � - I i - � w w w / 1 I :5 . 1 l J) l'.1 I \ � I . � � \ L \_ X85 i ll i F-'!'l: 1l i `i ritm9T-i .1 !,,1 0.1 a >x ib J� I 0 : .«. ' Fil fag J T s 1311 i i. / ` i i o t 49, ii Mg )) 1 1 // b: : /' q 77 Z 01 ` RE''SED G1 j2Ofi REN9OMS PER OYNER , 1 t ° 1 , f �.T Parklands Colder GLHO E I ma I ■ 1 0 l by O.LHomay f j . coots county,Markle LANDSCAPE ARCHI I tc I URE .11"1.6411.11111141.11.1.a w.. v CI EXHIBIT "C-1"'� Page 9 of 20 H;\20t0\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 60'RICK-OF-WAY I I 1' 5` 7' 2' 4' 11'IRK. 11'MIN. 4' 2'1 7' I 5' , 1' ..-4-4- I CCNC. BIKE BIKE ONC. I I 4/11/ LANE LANE ( VW I (CPT.) I (OPT.) _ ,02 fttR .O rt ft — SEWAC€ V Ilti FORCE MAIN I PRIG. MA04^-0 ( . CONC. VALLEY GUTTER OR (j SANITARY SEWER WATER MAUI CURB A GUTTER(TYPICAL) -11/2.AC MARINO COURSE 12'1111CK(MW.)STABRIZED- (TYPE S-111)GJBGRADE,(LBR 40) -5'WRCK(MW.)COMPACTED UMERCCIC INTERIOR ROAD SECTION (60' R.O.W.) 50'RIGHT-Ix-WAY 1 4' 5' ( 4' 2' 10' 1a• 2' 4' S' 4' 1 NOTE s/W I COMIC,I sw I MINOR DETAILS OF ROAD SECTIONS I AND UT1UTY PLACEMENT SUBJECT i 02?R rt oa R n TO CHANGES IN FINAL DESIGN "r""'UN�"r■"_ SEWAGE--WMAIN ■■n - IRBC. MAIN—0 GRAVITY a _/' C. VALLEY U snot Y WATER MAIN CURS I C 7TTERCUTTER TYPICAL) SEVCR _0 1 I/7'AC WEARING 17 TF1ICK(MIN.)STAESUZED-1 I COURSE(TYPE S-41) o SUBORADE,(LER 40) -8'TIRO((UK)COMPACTED UNFROCK in INTERIOR ROAD SECTION (50' R.O.W.) 40'RIGHT-OF-WAY 0 ;v 0 2:1 10' 10' 2' 3' 0' el- I I I CONC. ONE SEE ONLY) VW 2 i 1t 1 R ,02RR FORCE NGE Y��raI o �_1111�_ ZIRPoO.MAW—O 0---S#IITARY CONC. VALLEY GUTTER OR SEVER WATER MA1N CURB I GUTTER(TYPICAL) , 1/2' AC WEARING 12'THICK (MIN.)STABILIZED COURSE(TYPE S-II) e w8GRA0E,(ERR 40) 8'TIMEX(LAN.)COMPACTED UMEROC( INTERIOR ROAD SECTION (40' R.O.W.) CI -5'SIDEWALK TYPICAL / "' ^`•+ 4 (ONE WOE ONLY R/W UNC FOR 40'R/W) i 20'R 2'MCC VALLEY 10'U.E. 24'R \ GUTTER U - �,R 8/4 LINE 0 40 OR - 1 5 57 R.D.W. —T 12 1 - " f I . {---- i 1 D U.E 80R 42'8 / R/W LINE-4— —f —— _—_\ 8'AVE CONCRETE 1-6 2'WOE CONC. VALLEY GUTTER - SOEWALK OR GIRLS a CUTTER(TYPICAL) \ ' .„�,-�s/ 0 i § CUL-DE-SAC DIMENSIONING 0 N REVISED 11/2011 LOGAN BLVD. SECTION REMOVED A DEPICTED ON NEW UN. C-3 REVISED 07/2011 CUL-DE-SAC DIMENSIONS AND MISC. x 950 Encore Way THE PARKLANDS ` r Naples, FL. 34110 rep_ 1 qj , Phone: (239) 254-2000 Typical Internal Roadway Sections & Details Florida Certificate of BlaBSAMIBBNIKIVRS Authorization No.1772 EXHIBIT C-2 Page 10 of 20 H:"2010\2010047'RID\PUD Amend men t\Post CCPC1The Parklands RPUD 2010-1551(6-26-2012).doc T8t PAItlNlAIOa1 30'RIGHT-OF-WAY rsioNA! OtWL T AliA 40' 40' YARifs IO' a• , 12 a' a' iT (25'-842') I Liar-um I I I I t t Ex sT. I (ASPHALT) T WATER SEWAGE FN. EXIST.GRADE) 4Nt1� LEFTTURN- LAME 4--IRRIGATION NAM -- ---- -- ' IF REQb FCR SECOND ENTRANCE R. : I a • d. IS Is I. .:.4 .it/ . ]. I:..:► el •RQ/s J Al RIGHT-Of-WAY F MST Lit Cr I40' 40' 12' • 4' Y, ! 12' 12' I M tiLTh-USE I PATH I .-- (ASPHALT) --- I EXIST. GRAM L_ E7dST. GRADE i '--' ---- --- SEWAGE F.N. A ROAD WIORON°AS REQUIRED FAR RICHT 1--IRRIGATICH MAIN WATER MAW— _ MD LEFT TURN LANES AT MANN ENTRANCE N , THE PARKLANDS (MAIN ENTRANCE 10 NORTH OF TER/ NA ENTRANCE s, g MT tit Or aR RIGHT-OF-WAY SQEWALX ESMT. $ Q1 IS _ S' 4' �., 12' LEFT TURN 12' RIGHT TURN. S' n. p VW 1 TRAVEL LANE LANE 7 TRAVEL LANE 1 LANE - I MULTI-VSE. i PATH p MOAN VARIES NI EXIST. I r- I \\\ -� 1 o N EXIST.:BABE-` IRRIGATION " 1S'WATER INAN SEWAGE F Y--Q �MNN -, c i AT TERAFINA ENTRANCE 0 z steer L iOP 50'EIGHT-Of-WAY t?EITAUt EASEMENT co !01011 II 3'3/W 4' ; t2' 12' a' c ( MULTI-USE O I i f I PATH c QR ++ AOE { WATER I SEWAGE FLI. - _ EXIST.GRADE CrMAN1 455 RCP-NO I \-MA TION Q SOUTH Cr TERAFINA ENTRANCE TO SECTION 18/21 LINE m 47 p 60'RIGHT-OF-WAY «'' a'NIGH WALL 1 MT toe Or—IF a fl I 4• 12' I 12' (SY OTHERS) I 6' E• pp a'HX31 WALL I p 1 PATH N EXIST. WADE Ems-r.GRADE -- n N01ES -__�uN S .ATS„N 1. SECTIONS ORIENTED LOOKING NORTH. 1i.L 2 8418/044 DETAILS OF ROAD SECTIONS `\°-4r RCP STORM SEWAGE F.u, MO UTILITY PLACEMENT SUB,ECT TO ' CHANGES IN FINAL DESIGN. SECTION 18 21 LINE TO NORTH Of' OLDE 3. TIONS NOTREC SHOW. eETU�EN CYPRESS ENTRANT 0 950 Encore way THE PARKLANDS Naples, FL. 34110 E, Phone: (239) 254-2000 LOGAN BOULEVARD NORTH SECTIONS i 1 8 Florida Certificate of EXHIBIT C-3 Authorization No.1772 Page 11 of 20 H:\2010\20100471RLO\PUD A,mendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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. Page 12 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPc\The Parklands RPUD 2010-1551(6-26-2012).doc EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC THE PARKLANDS RPUD 1. Deviation No. 1 seeks relief from LDC Section 5.04.043.3.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 5.04.04.B.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 RPUD. 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.B.6.b, 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), 5. 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 H:\20 1 0120 1 0047\RLD\PUD Arnendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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 back 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. Page 14 of 20 H.\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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 H:12010\2010047\RLD\PUD Amcndment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD 1. 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. , "∎ 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 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. 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 RPUD when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed Page 16 of 20 7• H:\201012010047\RI_D1PUD Amendtnent\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc installation, inspection, bum-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 Iast residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. D. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 651st 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 H:12010\20100471RLDTUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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. 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 be 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 be 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. Page 18 of 20 H.Q010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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: 1. 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. PUD 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 19 of 20 H:\2010\2010047\RL.D\PUD Amendment\Post CCPC\The 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. n Page 20 of 20 /20.1/4 H.\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 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. 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 aAerk Ex-officio to..$4a -d•,of ,, County Commisos '----------.) By: Martha Verga 4 0 " Deputy Clerk 9r9jy 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 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) El 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) ❑ 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(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) El OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Section 9. Township 48 South. Range 26 East. Collier County e ' 1 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 Attached • 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# CAT Camay 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) 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) 0(517 7C 46 60 3 Folio Number ni .7 +,+t O Folio Number 00177 4 66 /0 0 Folio Number Approved by 1_ �` �� -� Date: - t Updated by: / Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED U w i o i■■R■1 ■� f t.'-'d - S i r M X j N O m H CO U O H m UI 1 T < W F®IM y1 mS 7 1T QOp 0} g 6 r N P N 0 ' - 111111■12 N i U 2¢ Mg O Or 2 m r 2 O U U U Q V U Q Vi U U 95.l z `.•4 9 1:.6 Z.w WF H >O >O< H H H.. 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Jenne'ohn BURKE VARIANCE From: Gundlach, Nancy Sent: Friday, July 11, 2014 11:58 AM To: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Levy, Michael; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Wells, Laura Subject: Request for HEX Advertising in NDN for Pompei Lane VA Attachments: Request for Adv - Pompei VA 7-11-14.pdf; Request for HEX Advertsg 7-10-14.docx; Location Map.pdf Good morning, Please advertise the Pompei Lane Variance petition attachments for the August 14th HEX hearing. Sincerely, Nancy Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, reply by telephone. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 July 10, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 25, 2014, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: PETITION NO. VA-PL20140000891 — 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 03I1CHA JO 17m O .1 � � � O ` 0-1_ OM 1 n m 4! D AMIAMI TRAIL (U 5 617 / . AMIAMI TRAIL ( 5<11 1 . t'. _ ,T - O 000OLETTE-FRANK ROAD (C.R.051) g u jA pu k ill 11 lik _ J` N . —GOODLETiEF0ADO ROAD gs 1 .141MIIIIII■ .� f l]L• i 300 ACHE OWplFf1E NOAp PUD �y- -0 t 1-- rie ; ',' 3! 1 ; iii :-,] g a: 1 '' Pi :i irug...." 0 mi 1 % 1 =norm �- AIRPORTPULLING ROAD _ ��'{�{,��j r ° lC R. 11 AIRP00.C.R.]1 ROM Maw ` '. '�C g o Q D if. c M g N 3 V is 111 -i .. _ 4 3 i �� ,,/1 111 I O ■ (� 0008 NOLSONIAII LIVINGSTON ROM —Y Z u G D -1To scut 1 r tv O CITY OF NAPLES - TAMIAMI TRAL U.S.-41 rn r.r C w n 23 " I katl ti y u 1 D n to WEST ALHAMBRA CIRCLE S 8 H 4 8 r B 8 wi, ` e481111 REST ALHAMBRA CIRCLE 4 I X e C F s afillitbilla a 7. Wm>0l na A 0 � No P� n =N � © U© ®� CASTELLO DR�£ e)2 g WI A CAPRI 1 © O 0,u gi F l— ►t:*A10110 S ,..R, oRL'� g eeeeegssi, 4V.#:", a m�2�� e u ° ° b mum Z ©®000 o s F° Amman= 474MAIE� °4V44.4 emir, °o AL3 33�� DORANOO D"t W�e� ® ee�-F WAIN �m ° T. p SS fire lakirPs‘'111301INNI 616-47,-* ESC�AR A4[am CM IEEE 8 80 ores a ®a A Ir. E l>0. IN - _ ■ limaligote14 © �u 0� NAPOLI DRIO II O m GENOA AVE �4 p3 ♦.. .© � o ° I.ro I Ni41;I u m w 1 - Z ©�e�� N io • us MI ©a �©©©e N -o°SEW m EAST ALHAMBRA CIRCLE CORTINA COURT 11111 .4 O B B .1 4 C . C q H g ° ° - ° - - ° K a - 8 y . , GOOOLETTE-FRANK ROAD (C.R.851) Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, July 11, 2014 12:09 PM To: Ann P.Jennejohn; Gundlach, Nancy Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA The text looks good, but I have similar concerns about the map(s). Wanda Rodriguez, ACT .Advanced Certified TaraCegaC Office of the County .Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn(&collierclerk.com] Sent: Friday, July 11, 2014 12:06 PM To: GundlachNancy; RodriguezWanda; KendallMarcia Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA Hi Nancy, We'll get your ad processed and send you the NDN proof a.s.a.p. Quick question though do you want both maps (seen on map attachment) printed in the display notice or just the one on the left side of the page? Because it wasn't a "normal" looking map, I thought I'd better ask before it's sent to the paper. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gundlach, Nancy Sent: Friday, July 11, 2014 11:58 AM To: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Levy, Michael; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Wells, Laura Subject: Request for HEX Advertising in NDN for Pompei Lane VA Good morning, 1 Ann P. Jennejohn From: Gundlach, Nancy Sent: Friday, July 11, 2014 1:26 PM To: Rodriguez, Wanda; Ann P.Jennejohn Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA Attachments: VAPL14891(2x3).pdf Importance: High Hi Wanda and Ann, Great catch! Please use the attached map. Sincerely, Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning &Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, reply by telephone. From: RodriguezWanda Sent: Friday, July 11, 2014 12:09 PM To: Ann P. Jennejohn; GundlachNancy Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA The text looks good, but I have similar concerns about the map(s). Wanda Rodriguez, ACT Advanced Certified ParaCegat Office of the County Attorney (239) 252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@ collierclerk.com] Sent: Friday, July 11, 2014 12:06 PM 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: PETITION NO. VA-PL20140000891 — 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida OOIX3N JO 77110 o O n O L - o0 O Z -I n ,....5-----,,--L i- CY �mm C (O D N O) Z n R Z Z 0 m 0 C g TAMIAMI TRAIL (U.S. 41) ir mm fo8 -o 00 F1W 2 0 xz Z0 0:2 z cmz• (C.R. 851) �cn -• NA Km xi cn o_ =vz GOODLETTE-FRANK ROAD �' Z0 -M Vi rn _ v N N -� 0 ox 300 ACRE N y$ = GOODLETTE r x z m� ROAD PUD 0 \1- -r:, cn D m C) 0 0 m m nn 2 M co N N 15.1)\ W Z 0 xi M = WZ 1 m > -13 OD m -og vi nN -II , 0 rn — ;Z Mom 0 (C.R. 31) N `nX xp Z m AIRPORT-PULLING RD. / �--� Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, July 11, 2014 3:05 PM To: Rodriguez, Wanda; Gundlach, Nancy Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA Great, thank you! As soon as NDN e-mails that proof it'll be sent on for your final approval. Probably not until next week, so have a nice weekend! Ann From: Rodriguez, Wanda Sent: Friday, July 11, 2014 1:52 PM To: Gundlach, Nancy; Ann P. Jennejohn Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA Much better! From: GundlachNancy Sent: Friday, July 11, 2014 1:26 PM To: RodriguezWanda; Ann P. Jennejohn Cc: Minutes and Records Subject: RE: Request for HEX Advertising in NDN for Pompei Lane VA Importance: High Hi Wanda and Ann, Great catch! Please use the attached map. Sincerely, Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning &Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net 1 Acct. #076397 July 14, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: VA-PL20140000891, Burke Variance (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice on Friday, July 25, 2014 and kindly send the Affidavit of Publication, in Duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450046717 July 14, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 25, 2014, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: PETITION NO. VA-PL20140000891 — 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida OOIX3N JO 77110 o O n O L - o0 O Z -I n ,....5-----,,--L i- CY �mm C (O D N O) Z n R Z Z 0 m 0 C g TAMIAMI TRAIL (U.S. 41) ir mm fo8 -o 00 F1W 2 0 xz Z0 0:2 z cmz• (C.R. 851) �cn -• NA Km xi cn o_ =vz GOODLETTE-FRANK ROAD �' Z0 -M Vi rn _ v N N -� 0 ox 300 ACRE N y$ = GOODLETTE r x z m� ROAD PUD 0 \1- -r:, cn D m C) 0 0 m m nn 2 M co N N 15.1)\ W Z 0 xi M = WZ 1 m > -13 OD m -og vi nN -II , 0 rn — ;Z Mom 0 (C.R. 31) N `nX xp Z m AIRPORT-PULLING RD. / �--� Teresa L. Cannon To: Naples Daily News Legals Subject: VA-PL20140000891 Burke Variance Attachments: VA-PL20140000891 (HEX).doc; VA-PL20140000891 (HEX).doc; VA- PL20140000891(H EX).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,July 25, 2014. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: FW: #231130905.CCHex Proof.Burke.072514 Attachments: NDN231130905.CCHEX Proof.Burke.072514.pdf Oops! Think I forgot the first two attachments... From: Polidora, Carol Sent: Monday, July 21, 2014 3:47 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130905.CCHex Proof.Burke.072514 Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hear- ing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: PETITION NO.VA-PL20140000891 —David Burke requests a variance from LDC Sec- tion 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. PELICAN a BAY O) N.N.UNITED xp �, 9 CNU"RO'CHIST P IS 11 LAKES NR O (SRI) PINE WOGE li JAEGER INKED COYYONS PROJECT `�� CORNERS PINE RIDGE ROAD LOCATION 114E FALLS • VAAK� FOREST g EST. NOIIEES mz C 16 NAPLES 15 IA B.&T.C. I? MOORINGS PARK co. _ vi ce HAWS RIDGE UQ C � a ■ w 23 o 21 f. O0U' I P�ROi. CENTER All interested parties are invited to appear and be heard. All materials used in presen- tation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to partici- pate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231130905 July 25.2014 Teresa L. Cannon From: Gundlach, Nancy Sent: Monday, July 21, 2014 4:45 PM To: Teresa L. Cannon Subject: RE: #231130905.CCHex Proof.Burke.072514 Hi Teresa, The ad is good to go. Sincerely, Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, reply by telephone. From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday, July 21, 2014 4:22 PM To: GundlachNancy Subject: FW: #231130905.CCHex Proof.Burke.072514 Please review, Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©naplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: FW: #231130905.CCHex Proof.Burke.072514 Oops! Think I forgot the first two attachments... 1 Teresa L. Cannon From: Neet, Virginia Sent: Tuesday,July 22, 2014 8:28 AM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez, Wanda Subject: RE:#231130905.CCHex Proof.Burke.072514 Teresa: I checked the proof against the ad request and it looks good. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Teresa L. Cannon [mailto:Teresa.Cannon(&collierclerk.com] Sent: Monday, July 21, 2014 4:20 PM To: NeetVirginia Subject: FW: #231130905.CCHex Proof.Burke.072514 Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora@ naplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: FW: #231130905.CCHex Proof.Burke.072514 Oops! Think I forgot the first two attachments... From: Polidora, Carol Sent: Monday, July 21, 2014 3:47 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130905.CCHex Proof.Burke.072514 Teresa, 1 Teresa L. Cannon —PL?o I t4 00bobg i From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, July 23, 2014 2:58 PM To: Teresa L. Cannon Subject: RE: #231130905.CCHex Proof.Burke.072514 Released... From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday, July 22, 2014 8:39 AM To: Polidora, Carol Subject: RE: #231130905.CCHex Proof.Burke.072514 Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, July 21, 2014 4:13 PM To: Teresa L. Cannon Subject: FW: #231130905.CCHex Proof.Burke.072514 Oops! Think I forgot the first two attachments... From: Polidora, Carol Sent: Monday, July 21, 2014 3:47 PM To: 'Teresa.Cannon @collierclerk.com' Subject: #231130905.CCHex Proof.Burke.072514 Teresa, Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hear- ing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, NAPLES DAILY NEWS FL 34104,to consider: Published Daily Naples,FL 34110 PETITION NO.VA-PL20140000891 —David Burke requests a variance from LDC Sec- tion 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 Affidavit of Publication 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 State of Florida Section 15, Township 49 South, Range 25 East, Collier County, Florida. Counties of Collier and Lee PEAµ no Before the undersigned they serve as the a DR) 1 AS Q NM.UNITED rc appeared Daniel McDermott,who on oath 9` 9 CHDREN 10 11 PINE NR ) COMMONS JAECER Inside Sales Manager of the Naples Daily I PINE RIDCF DOODETrE i� PROJECT CORNERS (C R:896) newspaper published at Naples, in Collier LOCATION '� ■i �� I PINE RIDGE ROAD distributed in Collier and Lee counties of 1 ,', r1 FTMN 6 attached copy of the advertising,being a I E�T mCD P. 16. - 15 14 N'WIES ,1 9 rC. U YDDPoNCS F PUBLIC NOTICE e "� o m ¢ a % C �¢ ai in the matter of PUBLIC NOTICE k °LL HAWS RIDGE was published in said newspaper 1 time i 0 23 on July 25, 2014. S` 21 o ZzE' CENTER Affiant further says that the said Naple All interested parties are invited to appear and be heard. All materials used in presen tation before the Hearing Examiner will become a permanent part of the record. published at Naples, in said Collier Coun newspaper has heretofore been continuou Copies of staff report are available one week prior to the hearing. The file can be County, Florida; distributed in Collier an' reviewed at the Collier County Growth Management Division, 2800 North Horseshoe each day and has been entered as second - Drive, Naples, FL. office in Naples, in said Collier County, ' The Hearing Examiner's decision becomes final on the date rendered. If a person year next preceding the first publication decides to appeal any decision made by the Collier County Hearing Examiner with advertisement; and affiant further says th respect to any matter considered at such meeting or hearing, he will need a record of promised any person, firm or corporation that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon commission or refund for the purpose of which the appeal is to be based. publication in the said newspaper. If you area person with a disability who needs any accommodation in order to partici- �/ pate in this proceeding, you are entitled, at no cost to you,to the provision of certain ,_____„,..---2--(7 assistance. Please contact the Collier County Facilities Management Department (Signature of affiant) located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. SW rn to and s Dscriibed before me Mark Strain, T ` 29th day o ul,, 201 ' Chief Hearing Examiner Collier County, Florida 1 ^ a ° No.231130905 July 25,2014 (Signature of notary public ,T. + CAROL POLIDORA . ,e.8�,„ ,; MY COMMISSION#EE 85175 a*; 'a .*= November 28,20714 illli � EXPIRES'. :+r�•o?• Bonded Thni Pkhard Insurance Agency ii OF F�,. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM AUG�1 �V C_Jj`? TO: Minutes & Records, Clerk of Courts ByA- FROM: Wanda Rodriguez,ACP /- DATE: August 20, 2014 RE: Hearing Examiner Decision(s) from August 14, 2014 Attached are the signed HEX decisions from the Hearing Examiner hearing on August 14, 2014. Attachments: HEX No. 2014—20 HEX No. 2014—21 HEX No. 2014—22 HEX No. 2014—23 HEX No. 2014—24 [05-00A-01253/813782/11744 HEX NO. 2014—21 HEARING EXAMINER DECISION PETITION NO. VA-PL20140000891 —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. DATE OF HEARING: August 14, 2014 STAFF RECOMMENDATION: Approval of the variance as to the rear yard setback, but denial of the variance as to the side yard setback. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met for the rear yard setback variance, but not for the side yard setback variance, and the petition should be approved only for the rear yard setback variance. ANALYSIS: Three letters of support were received for this application: two from abutting neighbors and one from a resident less than 500 feet away. Sufficient justification was provided to approve the rear yard setback variance needed for the swimming pool and tiki hut, but such justification was not provided for the side yard setback variance. During discussion with the applicant regarding the side yard setback, it was affirmed that the distance between the swimming pool and the tiki hut (shown as 17 feet) could be reduced and the tiki hut could move closer to the swimming pool. This relocation would place the tiki hut structure outside of the side yard setback, and eliminate the need for a side yard setback variance. The applicant acknowledged that his elderly grandparents, one of whom uses a wheel chair, reside at the residence and the rear yard setback variance is needed as a safety precaution to provide ample travel distance (shown as 8 feet) between the swimming pool and the home. [14-CPS-01328/849621/1]11 1 of2 DECISION: Petition No. VA-PL20140000891 filed by David Burke, with respect to the construction of a proposed pool and tiki hut on property located at 1185 Pompei Lane, Naples, Florida, as shown in the Survey Sketch attached as Exhibit "A", is hereby approved for the following variance only: • From LDC Section 4.02.03 to reduce the rear yard accessory structure setback line from 10 feet to 7 feet. However, the following requested variance is denied: • 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. ATTACHMENT: Exhibit A—Survey Sketch LEGAL DESCRIPTION: 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON TH ZONING MAP FOR INFORMATIONAL PURPOSES. -Zo l'-( AlCia e'`) Date Mark Strain, Hearing Examiner Apr ed as t form and legality: Scott A. Stone Assistant County Attorney [14-CPS-01328/849621/1]11 2 of SURVEY SKETCH OF SPECIFIC PURPOSE SURVEY COPYRIGHT 2013: F.L.A. SURVEYS CORP. 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 ON 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,89'4 7'00T, 75.00' (P) NO ID STRUCTURE NAPLES, FLORIDA #LB 4273 N.89°51'29'E 74,93' CC) 0.7'SW SETBACK LINE 4' CLF 0.0', PLAT BOUNDARY 1'5' Y -''fir-* REE UN _ I 5` UE 7 GTE �p�' CORNER + E "`" '0.4 PROPOSED 28'. PROPOSED 15' X rQo.———_ — ____„:„---117- '_„°� X 14' POOL -A N 11✓5' WOOD DECK "�-- _.L i's! b ;WITH TIKI HUT t .6.0, t--17,9'-- [ 7.5' SIDE YARD B, E, 1 1.,..4...._.r..), - 280' I ' ]4 LOT 9 SETBACK LINE 8.1' al' `'• 7.5' SIDE YARD/ w BLOCK H S,. SETBACK LINE 7.8' ' f 1 I ^4 o a0' U � N I SINGLE STORY SCALE 1" = 30' °o o as RESIDENCE a p LOT 7 BOCK H o~ #1185 o 0 W " "" 3 ' CI tiv ff A/C Z CI �0 Ch 8.1' 37.6' OQ O 2 � I ■0 CS 2L4' tj a . Z ti LOT 8 I h q BLOCK H 31)0' 0. J FIR 5/8' CONC I Q #LB 4273 DRIVE I FIR 5/8' 0- RIGHT OF 614 r,,, #L B 4273 ^ Z S.89'50 36'W, 7503' CM) a I N.89'47'00'E, (BOB,) y FIR 5/8' II S89'47'00'W 7500' (P.) fI 620,00' (P) 619.49' CM) NO ID 3Gy0' / \3d(0' EDGE OF PAVEMENT\ I I I CENTERLINE-. _i _ _ _ I _ - POMPEI LANE 60' ROW AND F. DY,rit,, Na 3859 LEGAL DESCRIPTION : ,t,4'1-47-e v,oalbPt LOT 8, BLOCK H, SORRENTO GARDENS, ACCORDING TO THE PLAT fit suRVEy THEREOF, RECORDED IN PLAT BOOK 6, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CURRENT SETBACK LINES CSBL) SHOWN WERE PROVIDED BY CHRISTINE WILLOUGHBY OF THE CERTIFIED TO : COLLIER COUNTY PLANNING DEPARTMENT AND MUST BE VERIFIED PRIOR TO DESIGN OR DAVID BURKE AND DENNIS G, GORMAN CONSTRUCTION. QUALITY CONTROL 10' REAR ACCESSORY STRUCTURE SBL 7.5' SIDE SBL BY : DYSARDO 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. 0 7 15 30 50 CERTIFICATION GRAPHIC SCALE I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE. NOTE ��74 IN COMPLIANCE WITH F.A.C. BY • SURVEY DATE :_5/09/2014 IN COMPLIANCE (2) (d) C4) (IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, CLINTON W. FINSTAD;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 FURNISHED TO THE SURVEYOR AND MAPPER. NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE' IF APPLICABLE, FENCES SHOWN MEANDER FLORIDA STATUTE 5J-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 239-404-7129 239-580-2795 239-250-2792 239-825-8504 PROJECT NO: 9220 BONITA BEACH ROAD, STE 200 DRAWN BY: 1 LFD PARTY CHIEF: N/A BONITA SPRINGS, FL 34135 14-85119 EXHIBIT "A" AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: 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 __-Z1 '. I = & '°�" 16 1S POE �eDaE Ilan (cR-M) . t PV a s:o RSF-4—i „ C_4 MPUD PUD 33 1:: a .. I WED USE COOD1 �� � 'R`....ew., -- ©'\ '1=I=1.I= .I >n1» 1"VT 1»I»1» IS ,NN awe NIANO pNM Nn `�pp� _.c - to °- - .� i . O » _ �� ��� Noonoz ewNuE 1�" EP IBM we= 11 PROJECT '_mom '8l�6»" 1 .•K•.o«•o.• -- 3 C-4 f �o4,#1? » "C?"' & LOCATION -Y 'c•� 3 •�lie owe I VII 9 • % u _ ® esp°eemsA44 ese©Qo �eeees� R r A IP ' w a. . _ �) u A60000°' © ems©����oAO�©+ r ! °lass o� ©ee eooeoa - • �. m " El IMO - ©eke O©0V i- as eoe es ��11111 °° a oar��°eee10°111°— ,�."Tl o am Q 0p4 12 00 6 . •4 �doe011ie _. r0. — �. �r a. LOCATION MAP ZONING MAP PETITION #VA-PL-2014-891 r 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: SUBJECT 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 • 4 r- + mom )11111.t. 4V CA ' L 1 i# o r� R., /ii' t "E " ;" .ra }a drt 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 Page 4 of 6 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: ,iiALA A V k .LI is NANCY G ' I LA 0 i. AICP, PRINCIPAL PLANNER DA E DEPARTM IN 0 ' ANNING AND ZONING REVIEWED BY: • . . A 7. Ir. /4- RAYM•ill I V. BELLOWS, ZONING MANAGER DATE DEPAR ENT OF PLANNING AND ZONING 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 I SURVEY SKETCH OF SPECIFIC PURPOSE SURVEY COPYRIGHT 2013,F.L.A. SURVEYS CORP. PAGE 1 OF 2 SKETCH OF PROPOSED IMPROVEMENTS SEE REVERSE SIDE FOR PAGE 2 OF 2 NOTE, THE LINES ON THIS SKETCH DO NUT CONSTITUTE OWNERSHIP BOUNDARY INFORMATION AND OTHER �^ IMPROVEMENTS SHOWN WERE TAKEN THE SPECIFIC PURPOSE OF THIS SURVEY FROM BOUNDARY SURVEY BY THIS IS TO SHOW PROPOSED IMPROVEMENTS ON 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 NO ID STRUCTURE NAPLES, FLORIDA FIR 5/8' N.89'47'00'E. 75.00' (P) 0.7•SW SETBACK LINE #LB 4273 N.89'51'29'E. 74.93' CC) 1.5' PLAT BOUNDARY 4' CLF 0.0' -- X-_ -"s REE ON jiTVR 7 , 5' UE 7, ' GTE P _CORNER PROPOSED 28' (� 0 0.4' X 14'POOL �I PROPOSED 15' X I —- --— 15' WOOD DECK I o o ` i.''�,, WITH TIKI HUT 30' - --179' I ' \7.5' SIDE YARD W E 290' 1 `� SETBACK LINE Y�!• LOT 9 B.A' 8.p' � BLOCK H 7,5' SIDE YARD/ t I 7.8'•x. SETBACK LINE 5' 2 d .0.0' v a'.. SCALE I" = 30' o SINGLE STORY —/� O 05 ^ RESIDENCE o 0 et LOT 7 o5- #1185 ID o Cd 0 BLOCK H o m 3 � A/C tiff (X 20 J B.1' 37.6' pp O z tz)o• V 0 d' 21.4' ,C W L ] w 2 LOT 8 I Q o g co BLOCK H I �, O - v. 30 0' JO 0 0 CONC I N #LB 4273 DRIVE II •FIR /83 2 N A N D RIGHT 6 W4VS . J Q.U)CO 3.89'50'36'W. 75.03' CM) N.89'47'00'E. (BOB.) FIR 5/8' Q CI'min 6 m j I S.89'47'00'W. 75.00' (P) I 620.00' (P) 619.49' CM) NO ID > 0 O Sao \.3J10' off EDGE PAVEMENT\ I I rruTFNI rH, _j — — _ 1 _— _ - _ - POMPEI LANE 60' ROW ‘p.p�RRF/.4 Ha 3839 9P LEGAL DESCRIPTION : ‘,ry'4T( qr F�ORty'r°R LOT 8, BLOCK H, SORRENTO GARDENS, ACCORDING TO THE PLAT sLwvEV� 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 MUST BE VERIFIED PRIOR TO DESIGN OR DAVID BURKE AND DENNIS G. GORMAN CONSTRUCTION. QUALITY CONTROL 10' REAR ACCESSORY STRUCTURE SBL 7.5' SIDE SBL BY : DYSARDO 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 I CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION IIII 472.027, FLORIDA STATUTES. 0 7 15 30 60 GRAPHIC SCALE CERTIFICATION : I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE. NOTE, � "-]� C f IN COMPLIANCE WITH F.A.C. BY /7" ��\0A4 SURVEY DATE • 5/09/2014 IN COMPLIANCE (2) (d)WITH<4) (IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, CLINTON W. FINST PE, CFM, PIS /{2453 LELAND F. DySARD, PLS #3859 OTHER THAN THOSE ON RECORD PLAT, IS MARY E. FINSTAD, CFM, PSM 5901 REQUIRED, THIS INFORMATION MUST BE N FURNISHED TO THE SURVEYOR AND MAPPER. NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE IF APPLICABLE, FENCES SHOWN MEANDER �■, FLORIDA STATUTE 5J-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 239-404-7129 239-580-2795 239-250-2792 239-525-8504 PROJECT NO: I 9220 BONITA BEACH ROAD, STE 200 DRAWN BY: I LED PARTY CHIEF: N/A BONITA SPRINGS, FL 34135 14-85119 Addressing Checklist Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)262.2400 FAX (239)252,5724 i R V. T 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) 9 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) N. VA(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) 5 — /.4_01— 7 t, r L0-1- FOLiO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 9 3 cp 7.—S CD c cD STREET ADDRESS or ADDRESSES (as applicable, if already assigned) c 8 6 Pr„r-L, L-tJ • 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 NME (if applicable) 1_50g16� / ao4 f '77Ki o`T" PROPOSED STREET NAMES (if applicable) /61_0/1V e/' SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# ,.� Co er 41"�'�Nr COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 www.0 L R v, ET 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 APPLICANT NAME: flUl r`Q. PHONE .)39.--7e5((—,2N3 / 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) 3 � o Zg O C2 Folio Number Folio Number Folio Number Approved by: ILA-✓�c-4 [Y -CA '''" Date: 5— 14-- J L(- Updated by: Data; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED $ vunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 I SUBMITTAL REQUIREMENTS CHECKLIST 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. • REQUIREMENTS FOR REVIEW #OF COPIES REQUIREL NO I REQUIRED JCompleted Application(download current form from County website)_ J Pre Application Meeting Notes 1 .4 Project Narrative D . .- g J Completed Addressing Checklist 1 Conceptual Site Plan 24"x 36"and one 8 K"x 11"copy 0 Survey of property showing the encroachment(measured in feet) _ 2 J Affidavit of Authorization signed and notarized 2 V Deeds/Legal's 3 1 ' eeetien-map- 1 Aerial photographs(taken within the previous 12 months min.scaled 5 V i"=200'),showing FLUCCS Codes,Legend,and project boundary 1 A , B ____. 3 ,' Once the first set of review comments ore posted,provide the assigned 1 El 0 planner the Property Owner Advisory Letter and Certification _ Electronic copy of all documents and plans i *Please advise:The Office of the Hearing Examiner requires all 1 0 0 �' 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 S of 7 Project Narrative ice r • s ate ' . ' wa 1185 Pompei rasa . ._. .. 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 (14ft 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 7111 Rooms/Outdoor Photos/Pool Photos M Rockcil f Residence LandWest Design Group .- r .490.y Landscape Architects&Designers • ° 1,t T t t w y + rte, ' , ni IRI 1111 Ilige - .4 4,1 Ire , -- \i416• #.0' . !...°� +MA '.it a:; . .1 -f iiim ,-..#: .4 R People who liked this photo also liked y.... ° i_ j' r, ate= •e..�.+< t ,• ar r E :s � `s _ ,*m� ;a � .. .rte ... .. �� " _� _ .- >_• _ - ._ Manhattan Lake Cliff Rockcliff Residence • t _..!<1RL httpJ/landwestdg.com/portfolio/proJects/rockdlff-residence/ II li 1, , ' + s Mlrador Backyard patio and steps k $, 11 TT Ilk Hill Country Ranch Pasadena Showcase 2012 It Rob Roy Portfolio 13930 contemporary pool photos '-4 ..-...._,.. . . . 'T yy y.. ....,: „..1.7 , }' f+ . T fit• 'aji i, ,+_'• ': �s ;(.• 4* � ? .• ';•Y,,` {; ` • .t a>i+^ 3 • ' 1v1 fF ,✓ # { .� 4 1 -!^ +,t - _ -1r ff t 4 <�K- `' _ , ± �� o la of ' /+ `} � v s r�s s ` 1 ^Y t + ' #.�'' `� ♦ '791 1 t • -t,' • ' t. # `. 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' 4., ' -° ' '4 ' • it ;� y + r ' ` _.r 114-, , / 1 i ' i g € r` •R•vi VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST JDimensional PL# _I % " r10 Date:' a I4. Time: ate. Assigned Planner: Li A a /� IA 1. . Project Name: 11 J C) 1 /� �M VOV'kli1 Project Addr/Location:, i ti 5 Pov'i ru , ( S, 31103 Applicant Name: )ct , A . �/ Phone: iv. // A Firm: WA Current Zoning: RS F 0 Owner Name: DOJ\ót ► ' Owner Address: I Q POWi4 \4VTJ Phone: G -7Pk 2b3) Meeting Attendees: (attach Sign In Sheet) NOTES: .3 — o a. .0) eitdiVO aziunOntil- ( 17 ..1 41,1111. " G:\CDES Planning Services\Current\Pre-Application Forms 20111Pre-app Forms-JUNE 2011\VA-Variance Pre-Application June 2011.doc revised: 8/5/02, rev. 5/26/10 I iees. ® n ® e , 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 S2,191.00 REC $27.00 INDX $2.00 CONS $313,000.00 63 Prepared by andicturn to: John D.Humphreville Attorney at Law Salvatori,Wood,Bickel,Carmichael&Lottes 9132 Strada Place Fourth Floor Naples,FL 34108 239-552-4100 Consideration:S313,000.00 PSpaoe Above This Line For Recording Dahl Warranty Deed This Warranty Deed made this 6th day of D , tween Heidi B. Strong, Morgan A. Strong and Jackson Maclntosh Strong,Individually and a c TTr*1t the Heidi B.Strong Family Trust under date of July 7,1995 whose post office address is,511 d,Ma`ttla- 11 751,grantor,and David Burke and Dennis G.C.Gorman,as joint tenants with rig`ht�¢ , ivorship,whose post,gf3�oeeddress is 1185 Pompei Lane,Naples,FL 34103,grantee: \ / ):e 4 \ (Whenever used herein the terms'grantor'an • •include tbpi¢ies to th s insuumeht and the heirs,legal represenutives,and assigns of individuals,and the successors and assigns of ,i �`ti47) T r� , Witnesseth,that said grantor,for aa. ' . �,i•; lion f s of Al /100 DOLLARS(510.00)and other good and valuable considerations to sa �i y� • I' h• t rd i5y-s�Sd grt#1tee,I�j ale., whereof is hereby acknowledged, has granted,bargained,and sold to the,7t':• tee,and grantee's at)d ti¢s, forever,the following described land, situate,lying and being in Collier Coon -'a to-wit: '. ('ti!� Lot 8, Block H, SORRENTO G according to 'J( �ereof, recorded in Plat Book 6, page 38,of the Public Records of Co • y�'Y 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 fret of all encumbrances,except taxes accruing subsequent toDecember 31,2013. THIS SPACE LEFT BLANK INTENTIONALLY SEE NEXT PAGE FOR SIGNATURES Doubleiimea 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: • • I. I4 .��� it 1/117 r W ess Name: t P 'O C* ti Heidi B.Strong, i ugly and as i•• :,.r Co-Trustee Witness ate_ State of Florida County of Oil-AA 5C The foregoing instrument was acknowledged be '<•.� n¢ e a , 2013 by Heidi B. Strong, Individually and as Successor Co-Trustee o JO`•1 ::-Strong. •.. . •.er date of July 7, 1995, who L]is personally known or[X]has produced a ' , • ,se as identificatiof�1� , [Notary Seal] ••;_ . �Natary public -; GORDON FIG, . (� k 1 79/1:14.) \--coAa... ��,t 0.. .: MY COMM%SSIONIII».• 15 1 -) t l� 1 •'t,r EXPIRES Msrd 2P , '—' rM kv,r 2q LID,7 .071Ji60153 .. ...+.:.•�W •'w.,; 1 W ess Name: Fi>bri,. \L, Co ty,y� /r .. -_._ ,r1.7"" . .?In.ividually and as Successor Co-Trustee Witness Name: LEN c.q State of Florida County of Gelber elt4r.e5g The foregoing instrument was acknowledged before me this lh•day of () Aix ,2013 by Morgan A. Strong, Individually and as Successor Co-Trustee of the Heidi B. Strong Family t under date of July 7, I995, who U is personally known or[X]has produced a driver's license as identification. [Notary Seal] _ 4% : GORDON PIGG Notary Public _�. MY COMMt$S10N A EE$71515 °f EXPIRES March 24.2017 Printed Name: 6.1''.1. • CI") (.01)3.-0133 rwrd.arrlf."a'..ar" My Commission Expires: 1M natal t-t, a.ri Warrany Deed•Page 2 DoubleTlmee *** OR 4991 PG 3274 *** aG�+/ if, , A_Asawitm...... Witness Name: aV 7 5 Macintosh ... : _ :6'7,, I and moor Co-4tustec �,��,. _ W are: „0 ��//�/,©f/,' SOO at.O b()Vel County The foregoing instrument was acknowledged before me this Yday of d 2033 by Jadmon Macintosh Strong,Individually sod as Successor Co-Trustee stee of the Heidi B.Strong Family now under date of July 7,1995,who L]is personally known or[X]has produced a driver's license as i •Apse-ria �rre,` ' �/ : Muted 14 ,. CO it Ii! .• i Ill mr ■,• '';G ~ •`. `'-\myca_ioo 1 Z. A g :. w Gob �' r 74 i 9 � ti � � r * ' p``ea 40113111 2-• �Vr. -.-.. N –� - .1� .1:1t.. > / WarrooDeeed-Pap 3 pa Times - Application Cod or County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6338 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3.1.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION 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: BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPUANCE WITH THESE REGULATIONS. 2/7/2014 Page 1 of 7 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 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: Of 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 USE J 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 0 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 14, Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 343.04 www,colliergov.net )239)252-2400 FAX:(239)252-6358 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 htta://www.collieraov.net/Index.asax?Dale=774. Name of Homeowner Association: kVA 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: l URE OF ' Ortil 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 16, ti0 �tty COLLIER COUNTY GOVERNMENT 21100 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 1dr.... Co �eir County 1-.: ,i : • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 I SUBMITTAL REQUIREMENTS CHECKLIST I 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. hial REQUIREMENTS FOR REVIEW *Or COPIES REQUIRIED REQUIRED Completed Application(download current form from County website) 0 © 0 Pre-Application Meeting Notes 1 © ❑ Project Narrative , 0 © ❑ Completed Addressing Checklist 1 ❑ Conceptual Site Plan 24"x 36"and one 835"x 11"copy C! J] El Survey of property showing the encroachment(measured in feet) 2 Affidavit of Authorization signed and notarized 2 E I Deeds/Legal's _ 3 Ci Location map 1 _ ❑ g Aerial photographs(taken within the previous 12 months min.scaled 5 is ❑ 1"=200'),showing FLUCCS Codes,Legend,and project boundary _Historical Survey or waiver request 1 �] 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 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 $ 9nty COWER COUNTY GOVERNMENT 2500 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 FEE REQUIREMENTS ❑ 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 ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 U After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Environmental Data Review:$2,500.00 ❑ 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 wL.. 9& nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colIlergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, David Burke (print name),as Owner of Residence (title,if applicable)of N/A (company,If applicable),swear or affirm under oath,that I am the(choose one)owner El applicantOcontract purchaserJand 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/A 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 (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 "genera! 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. O Signature D e 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 Drivers License (type of identification)as identification. '"% WILLIAM HAUBRICH p ‘.13"°-. STAMP/SEAL * , * MY COINISSiON I FFFF 076975 Signature of Notary 2018 Pub lic f 1 M11 � \`1n.gr. CIVAJ %ton M0 1 wiry C15108-COA-00115\155 2/7/2014 Page 7 of 7 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 line 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. Owner Advisory Letter and Certification.. 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. • J 1 4 (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. * r * MY COMMON t Fr WON {� EXP S:4dI 15,4018 itatinn was Nay late (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 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 wi;l 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, 411P David Burke 1185 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, David Burke 1185 Pompei Lane Naples, Florida 34103 239-784-2831 david@teamparadise.com 05/19/2014 Erik Schmid 220 Soli 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 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 you; property Interest. Sincerely, David Burke 1185 Pompei Lane Naples,Florida 34103 239-784-2831 david @teamparadise.com 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 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 Maples, Florida 34103 239-784-2831 david@teamparadise.com Conceptual Site ' ' 2q v. a .iS V7 z W '1 l¢ -e Av. z6 O U m t. 4u uWJq . 2O2� 6� g yG j q¢2 y�¢ W ci )6'F S�' Li -r N p1`Oy R \ Qq W ¢ 4�4 4 SWOt,I uJ u1� ^Rtl '' y 4^?z1,= &tit ~ ��ma MOL',09 3i17N0 I70dMN L.Z. y32� j g i-3�Ny.°y mat o O W g Cyzl2 yW`O ti = '9rc �ihj o i§ S$ ern.n lrara '� � � z ��Fpay kl �n�k' [ , q C 2 �tigq N oW C--:4‘t; N p�m ON Li yy�u�i O P Q CZf �W-. �9 _ yt� qq xm ,<J ice ' 6 y W"o = y`�O j� uy a ibnwo K2 rn�W NN<� a ¢ �� nW °° a r-WIyW� h4, ol`Q WW pp Wrri qq � a b 2q qK ¢ c7 Wy U i.., " W�ti I� Wy n ya OU ht'Nrn mZ ZZ U - VZ�Oq g 12 W bVW 6 /mU n mp c3 ' pa�IC�i OY^ k',, QN 22 d QOdO Pi W F hti oo$ ld),0090! Hl/lOS �a � \ mz 2v z °aN m (J),0090! 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I F. x. 44,` ... •,mac { !' 1 -100 / 4 . 1 4 ,, S 0 4 tx - t Y ", „.00,' , '- • ,v ir i - Affidavit of Authorization 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 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, David Burke (print name),as Owner of Residence (title,if applicable)of N/A (company,If a cable),swear or affirm under oath,that I am the(choose one)owner ID applicantJcontract 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 unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize N/A 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 (L.L.C) or Limited Company(LC.), then the documents should typically be signed by the Company's"Managing Member." a if the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance,first determine the applicant's status, e.g.,individual,corporate,trust,partnership,estate,etc., and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are true. SI re a(621122-9-1. 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 Drivers License (type of identification)as identification. 'r:`•.°."�, MALI HAU®RICH STAMP/SEAL * , , * MYOW ASSIONi FMCS Signature of Notary Publi \� EXPIRES:Ap�I t5,2018 \„..)' \\'i h+v. �tAM Mad IAN kW NOhry SmMCn cimacoA-oons1ss 2/7/2014 Page 7 of 7 DR13-PL.20130002648 8/14/14 LCEC Teresa L. Cannon From: Reischl, Fred Sent: Friday, July 18, 2014 8:52 AM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Rodriguez, Wanda; Neet, Virginia; Patricia L. Morgan; Wells, Laura Subject: Ad Request DR-PL20130002648 LCEC Belle Meade Attachments: NDN ad.docx; NDN ad SIGNED.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! -Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Fl Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 July 18, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, Fl 34104,to consider: 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] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon From: Reischl, Fred Sent: Friday, July 18, 2014 9:34 AM To: Reischl, Fred; Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Rodriguez, Wanda; Neet, Virginia; Patricia L. Morgan; Wells, Laura Subject: Corrected: Ad Request DR-PL20130002648 LCEC Belle Meade Attachments: NDN ad.docx; NDN ad SIGNED.pdf; DRPL132648(2x3).pdf Map now attached. From: ReischlFred Sent: Friday, July 18, 2014 8:52 AM To: Minutes and Records Cc: BosiMichael; BellowsRay; RodriguezWanda; NeetVirginia; 'Patricia L. Morgan'; WellsLaura Subject: Ad Request DR-PL20130002648 LCEC Belle Meade Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! -Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Ft Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Z1 42r, O j) —I L O- m z ni yrs A \ COLLIER BOULEVARD S.R.( 951) in U1 sit.° NN ToT ��� UI Teresa L. Cannon From: Rodriguez, Wanda Sent: Friday, July 18, 2014 9:45 AM To: Reischl, Fred; Minutes and Records Cc: Ashton, Heidi Subject: RE: Corrected: Ad Request DR-PL20130002648 LCEC Belle Meade The title and run date are good, OK to proceed. "Wanda Rodriguez, .ACT .Advanced Certified TarafegaC Office of the County.Attorney (239)252-8400 From: ReischlFred Sent: Friday, July 18, 2014 9:34 AM To: ReischlFred; Minutes and Records Cc: BosiMichael; BellowsRay; RodriguezWanda; NeetVirginia; Patricia L. Morgan; WellsLaura Subject: Corrected: Ad Request DR-PL20130002648 LCEC Belle Meade Map now attached. From: ReischlFred Sent: Friday, July 18, 2014 8:52 AM To: Minutes and Records Cc: BosiMichael; BellowsRay; RodriguezWanda; NeetVirginia; 'Patricia L. Morgan'; WellsLaura Subject: Ad Request DR-PL20130002648 LCEC Belle Meade Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! -Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Ft Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 #076397 July 18, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: DRD-PL20130002648, LCEC (w/MAP) Dear Legals: Please advertise the above referenced notice Friday, July 25, 2014, (w/the attached map) and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450046717 July 18, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, Fl 34104,to consider: 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] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida O 1 0 D —I Ri zni "kw COLLIER BOULEVARD (S.R.951) ]L'� l' 9zm N Op, ! n � �� o o � [ Teresa L. Cannon To: Naples Daily News Legals Subject: DRD-PL20130002648 Display AD Attachments: DRD-PL20130002648 (HEX).doc; DRD-PL20130002648 (HEX).doc; DRD-PL20130002648 (HEX).pdf Legals, Please advertise the attached Display Ad w/map on Friday,July 25,2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, July 22, 2014 3:26 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Attachments: NDN231130910.CCHex Proof.DRD.072514.pdf Here you go... From: Teresa L. Cannon [mailto:Teresa.Cannon©collierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Proof not attached Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora@>naplesnews.com] Sent: Tuesday, July 22, 2014 8:30 AM To: Teresa L. Cannon Subject: #231130910 - CC HEX Proof.DRD.072514 Hi Teresa! Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 lmmokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,Fl 34104,to consider: 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] RIVERBEND 8 9 10 ASGM BUSINESS CC CIR.OF NAPLES PROJECT LOCATION SILVER LAKES PELICAN LAKE 1 0P Q MARCO SHORES/ y U) FIDDLER'S CREEK U06' (DRI) 17 16 15 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite#101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231130910 July 25.2014 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, July 22, 2014 3:34 PM To: Neet, Virginia; Reischl, Fred Subject: FW: #231130910 - CC HEX Proof.DRD.072514 Attachments: NDN231130910.CCHex Proof.DRD.072514.pdf Please review, Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.corn From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 3:26 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Here you go... From: Teresa L. Cannon [mailto:Teresa.Cannon©collierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Proof not attached Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 8:30 AM To: Teresa L. Cannon Subject: #231130910 - CC HEX Proof.DRD.072514 Hi Teresa! Please provide approval ASAP for publication on 07.25.14. Thanks! Carol 1 Teresa L. Cannon From: Neet, Virginia Sent: Tuesday, July 22, 2014 3:50 PM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez, Wanda Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Again, the proof matches the ad request and looks good. Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, July 22, 2014 3:34 PM To: NeetVirginia; ReischlFred Subject: FW: #231130910 - CC HEX Proof.DRD.072514 Please review, Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora©anaplesnews.com] Sent: Tuesday, July 22, 2014 3:26 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Here you go... From: Teresa L. Cannon [mailto:Teresa.Cannon@acollierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Proof not attached Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax 1 Teresa L. Cannon From: Reischl, Fred Sent: Wednesday, July 23, 2014 7:46 AM To: Teresa L. Cannon; Neet, Virginia Subject: RE: #231130910 - CC HEX Proof.DRD,072514 Thanks- looks good! From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday, July 22, 2014 3:34 PM To: NeetVirginia; ReischlFred Subject: FW: #231130910 - CC HEX Proof.DRD.072514 Please review, Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 3:26 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Here you go... From: Teresa L. Cannon [mailto:Teresa.Cannon©collierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Proof not attached Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 8:30 AM To: Teresa L. Cannon Subject: #231130910 - CC HEX Proof.DRD.072514 1 Teresa L. Cannon '7�1� —44L ?01 3c From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, July 23, 2014 3:00 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Released... From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, July 22, 2014 3:50 PM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@colIierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 3:26 PM To: Teresa L. Cannon Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Here you go... From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday, July 22, 2014 8:38 AM To: Polidora, Carol Subject: RE: #231130910 - CC HEX Proof.DRD.072514 Proof not attached Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, July 22, 2014 8:30 AM To: Teresa L. Cannon Subject: #231130910 - CC HEX Proof.DRD.072514 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the.Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples,Fl 34104,to consider: NAPLES DAILY NEWS Published Daily PETITION NO. DRD-PL20130002648 - Petitioner, Lee County Electric Cooperative, Inc., Naples,FL 34110 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) Affidavit of Publicat 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 State of Florida 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 Counties of Collier and Lee 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 Before the undersigned they serve a agricultural zoning district which adjoins commercially zoned property,to allow no buffer where appeared Daniel McDermott, who o no trees exist along the eastern property line of the 2.85 acres after the lot split. The subject Inside Sales Manager of the Naples B property consists of 5.4±acres of land located on the west side of Collier Boulevard(CR 951) newspaper published at Naples, in Cr in Section 15,Township 51 South, Range 26 East,Collier County, Florida. [Fred Reischl,AICP, Principal Planner] distributed in Collier and Lee countia attached copy of the advertising, bei RIVERBEND PUBLIC NOTICE 8 . 9 10 ASGAI BUSINESS K CIR.OF NAPLES PROJECT ' is in the matter of PUBLIC NOTICE LOCATION SILVER LAKES was published in said newspaper 1 ti PELICAN LAKE on July 25, 2014. eP{ MARCO SHORES/ FIDDLER'S CREEK co 1 o (SRI) 17 16 15 Affiant further says that the said Na w published at Naples, in said Collier Cr newspaper has heretofore been contin County, Florida; distributed in Collier All interested parties are invited to appear and be heard. All materials used in presentation each day and has been entered as Seco before the Hearing Examiner will become a permanent part of the record. office in Naples, in said Collier Count year next preceding the first publicati, Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples, FL. advertisement; and affiant further says promised any person, firm or corporat; The Hearing Examiner's decision becomes final on the date rendered. If a person decides to commission or refund for the purpose appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such publication in the said newspaper. purpose he may need to ensure that a verbatim record of the proceedings is made, which j record includes the testimony and evidence upon which the appeal is to be based. (Signature of affiant) If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please I contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the S o to and subs rued b t fore me meeting. T •' 29th day ofJ i; 20e Mark Strain, �t 41 Chief Hearing Examiner �� (, . Collier County, Florida (Signature 44nc tart/1Jhbhc No.231130910 July 25.2014 !I,:t' 4sr CAROL POLIDORA `I ~ik' ";,'i MY COMMISSION#EE 851758 11` _:; _;',f EXPIRES:November 28,2014 ?I; `'4N, t ' aonded Thru Pithard Insurance Agency OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM AUG�1 �V C_Jj`? TO: Minutes & Records, Clerk of Courts ByA- FROM: Wanda Rodriguez,ACP /- DATE: August 20, 2014 RE: Hearing Examiner Decision(s) from August 14, 2014 Attached are the signed HEX decisions from the Hearing Examiner hearing on August 14, 2014. Attachments: HEX No. 2014—20 HEX No. 2014—21 HEX No. 2014—22 HEX No. 2014—23 HEX No. 2014—24 [05-00A-01253/813782/11744 HEX NO. 2014—23 HEARING EXAMINER DECISION 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. DATE OF HEARING: August 14, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.03.F.7 of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number DRD-PL20130002648, filed by Jared Brown, PE, of Johnson Engineering, representing Lee County Electric Cooperative, Inc., for a site plan with deviations for redevelopment for the property described in Exhibit"A", as follows: 1. A deviation from LDC Section 4.02.O1.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; and 2. A deviation from 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. A deviation from 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. [14-CPS-01308/1107781/1134 Page 1 of 2 These deviations are shown in the Site Plan attached as Exhibit `B," and are subject to the condition(s) set forth below. This approval does not constitute approval of the Site Improvement Plan or the Lot Split. ATTACHMENTS: Exhibit A—sketch and description Exhibit B—Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: The Access Easement shall be recorded before the approval of the Site Improvement Plan Petition SIP-PL20130002648. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. [Va)-14, P Date Mark Strain, Hearing Examiner Approv-d as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney [14-CPS-01308/1107781/l]34 Page 2 of 2 EXHIBIT "A" Page 1 of 2 0:\2014\20148929-000\SarveybeASketeha.\20149928-000 S&D PARCEL 2 (EAST).d g(Eayoati)ROD Feb 14, 2014- 10:19am gN Z W DW OMZZrOZ �1OZTZov ZTZnpn 00 -I> > OM OW�m Ozz mzomoQm o O000 m_Om G � �0 > .• 0 >gm=� 0 0 001 -4p rormm z o = m Zm g *t m m VOO z D rlozJm 0 *- mxmoO ?o 0 o Z � z im io � ORMmpc D m m c n D �� n T Am orTM -8 m-t p 8z ag� y ZZT 1 0 0� O _.0 o-F _( � 4 G � $ O0O O� Naz�zSEm z8 80zz2 -in c mpz mx v Z 0z p mp p zc D- wz_cn p r71 Fri � ��T � 2 z5OD -1 Dr 0:30 m i 2- C _, 0pn 1-4o0g 00 20 zr �� j z mzi om xRm oD PimrNm 0°-1z _ m O xwm C �od 0 9 Z rom cn0 O�pD O , u"i oyp g rOINnz 'Al! ?Z Z — x mmzm n-1p O mz nz .Oi z nE )D o. 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I _,i 93 In -o i' ` _ i =--in n , I Z v _. P An , r` 111- r SD.tmi .1i t r I } I''t .f I > i> _"Y % X 0 •�:4� X T Y Y :r�.--.I M t. Q • T y r V' rx . rn 111 A) -A AGENDA ITEM 4-D S&9! ty 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 a y mu■as D s Mna �> . Imo' obl , ' 2 ..ate A I ```7" �,I 1.1.1.1•M 1 III A au maw golt A, wR V'4 , ,, el i MPUD Or �r r- trx INTE 11111114,a^ L \ CATION,,,N, i �i i "a�y� ! •w441Yi::::4ul "PROJECT �� LOCATION A ""`° 1 "'ion°' :°'"° I ,a m s'...:.:.:.::—' RPUD m.a cow nmr `="—I poo�occC. �� �' II edCGCOCC07°CCU ~ o a Ili 1 rra� ', CON BUD ■ 0 let. .an w 11` 0 we it0 ` I _ A ©oc000ai;00000 iii*„166 —Iirgrilli-\iira ,�`.� L CON-8T 1 01171111e RV Wall IF',,k "MIXT;°Orr a 1 r... ..,,,..kv , . _ 41 c. A 4 x ',AI& . 4 *IL LOCATION MAP ZONING MAP N PETITION DR-PL-2013-2848 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 ~ �.. . - .r.4;.r *'. _ III t1y.� t mu' �+! 4x4 P;ig j ft ' ' + �. ~„AI Subject Site CCPA ,,,, ,, ...- rr x mow 4. s..„. , e 24 0 1_46:1,.....rz..."%. ti44" . 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-PL20130002648 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 PREPARED BY: 7-a /5/ F' 'iISCHL,AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING&ZONING REVIEWED BY: 72,21/ / 7' -'' ���f RAY RnLOWS,MANAGER DATE DEPARTMENT OF PLANNING&ZONING ?- ) .) - iy MIKE BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING&ZONING Site Plan with Deviations DR-PL20130002648 Page 7 of 7 LCEC Belle Meade Substation JOHNS ( 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. J ed R. B wn, P.E. 2350 Stanford Court•Naples,Florida 34112 (239)4340333 .Fax(239)434-9320 APPLICATIONS Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 LOT SPLIT APPLICATION LDC 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 unplatted. 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: 239-434-0333 Cell: Fax: E-Mail Address: jbrown @johnsoneng.com Name of Owner: Lee County Electric Cooperative Address: 8980 Bayline Drive City: North Fort Myers State: FL Zip: 33917 Telephone: Cell: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: 15 /51 /26 Subdivision: Unit: Lot: Block: Metes& Bounds Description: see attached legal description Property Appraiser's Parcel Number, if applicable: 512615 010.0006815 12/23/2013 Page 1 of 2 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.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 1 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 5 Appraiser's records in its current configuration Recorded warranty deed to show current ownership from Clerk of Courts Recording 5 Office Fee Requirements: ( 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. /0Y/ SIGNA RE OF AG 'T DAT 12/23/2013 Page 2 of 2 Coer County COWER 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@lcec.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 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 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 ❑ Parking ❑Architectural ❑ Landscape/Buffers ❑ 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 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 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for 0 ❑ Redevelopment Application Completed SDP/SDPA/SIP application 0 0 E Copy for the Pre-Application Notes, if not submitted with ❑ SDP/SDPA/SIP Notarized and Completed Owner/Agent Affidavits 0 0 El Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all 0 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 Cf Site Plan for Redevelopment:$1,000.00 L 5 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 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 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 I to act as our/my representative in any matters regarding this Petition. 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 ged before me this //-day of 7-1W? ,20/T. by/-�CL7si .CD''7..7"� is personalhy— k o to me or has produced as identification. d.e.,,,,,,, a (Signature of Notary Public-State of Florida) yp'`'•""•' ;; COLLEEN A HUMPHRIES N•;' y 1- ` SePMnib.r 03,2010 y :, � Na a, ry �u• I m 10/18/2013 Page 4 of 4 CoeY 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 SITE IMPROVEMENT PLAN APPLICATION PROJECT NUMBER For Staff Use Only PROJECT NAME y DATE PROCESSED APPLICANT INFORMATION l 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:jbrown @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: BLOCK: 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.) MI 3% of Roadway, Paving & Drainage and/or Utilities cost of construction estimates. NOTE: Site Improvement Plans may be used in dealing with insubstantial revisions to an existing development plan for which a Site Development Plan was not historically required, or for which there is no historical record. This application, along with pre-application notes (if any), and any additional information noted on the pre-application meeting is encouraged. August 30,2010 Cv er CoWnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.cotliergov.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.a. 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 an 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 WC Section 10.02.03 B.2.d for information relating to row 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 Cofer 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 # OF REQUIRED NOT COPIES REQUIRED SUBMITTAL REQUIREMENTS: Additional set if located in the Bayshore/Gateway Triangle Redevelopment area 1 ('� Additional set if located within the RFMUD or RLSAO areas 1 6 Ei 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 0 ❑ "List PUD commitments and deviations in General Notes of the Plan Set 12 X Addressing Checklist 1 X • I FOR COMMERCFAL DEVELOPMENT: I Architectural Plans, including 1 color rendering (signed & sealed) 5 ❑ r I I Landscape& Irrigation plans(signed& sealed) 7 ❑ Site Clearing plan/vegetation inventory 7 C] Building elevation with dimensions& floor plans(if applicable) 7 ❑ ti Boundary&topographic survey(1 signed& sealed) 5 © ❑ Deed or contract for sale 2 © ❑ SFWMD permit,permit modification,or waiver 2 ❑ Utility letters of availability (water& sewer) 1 ❑ 0 DEP Utility installation permits(water/sewer) 1 ❑ Engineering Report with Assumptions and Explanations per Ord. 2001-57 3 ❑ Excavation permit application 1 ❑ x Other Required permits: (7)it_A lic t A ent Sig Dote pP S 9 g. August 30,2010 AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20130002648 William D.Hamilton (print name), as Executive Vice President and CEO (title, if applicable)of Lee County Electric Cooperative.Inc. (company, If a licable), swear or affirm under oath,that I am the (choose one)owners applicantncontract purchasernand 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. We/I authorize Jaredarown,P.E./JohnsonEngnieenno.Inc.&Russell Schropp/Henderson Franklin Starnes B Holt.PA 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 (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. iJ r G�i �//4' Signature Date STATE OF FLORIDA COUNTY OF43GbblEFP 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 me eo produeeek_ (type of identification)as identification. ii G . f acL.d STAMP/SEAL Si.nature of Notary Public """"4 JOHN A N• .� , i '• •'s 959426 2014 7019 .," JOHN A.NOLAND W Commlssbn#FF 114358 CP\08-COA-00115\155 • Expires June 2,2018 REV 3/24/14 Seeded'Thu Troy Fee 1100.306-7019 I 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 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 1,2014 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 Belle Meade ?-OCB Switching Station Station # 13 MVA 0 Address PH SR 954 to Marco Phone (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 1968 i I f 8 I o s a i I Co tO ON I ON '� ;cm (� a l f I ai Q Z 2 i C t I v CU rli v a I ! J ' O O J J u u _ I i� i L70 1 O 1 r, e..1 I 0 C O O M + O O 00 •0 0 0 p r A U 9 O S p O O Q O' Q n r NI hi U in U N N N gt N I Q re m O C H co n v d M ;4 O .-f �• G to v i•• 1.0 0 N N r-I '"'k W 9 13 1. to fa 1 411 C t -0 fL r C m3 ■ i 'ti 45 .O 'O ,, 3 i C, an d p y !a 1 4+ > N ro 01 c cc .r C d L .> Q C O 0 m N > `� N Cr' i.- W O 'r O 41 ro ce .zr ..-rX M _ N *7 O a E c c" O m m T CI O M N Q s Ol H m N N 10 m p m RI M fA t0 M N ry M m r.. r_ O O m O in m n 'O m .i I # ir Yk Q, r O > O W O fU V.. - a O C a_ ■ro ' M.0 to I CU -c IC R O — ii Y 44) N ••% M p N ,-r 0. A M co c C ,...1.. 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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. . y SECTION XI , I 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, horticulture, 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 ' �I 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 lines and substations, broadcasting towers and transmission stations, parks, recreation areas, etc. 37 .1; ti . r 7 I :, ,,, di ,, 5. Sawmills and planing mills, turpen- tine stills and other operations utiliz- ing the natural resources of the rer 4 gion, provided however, that no suci. �l. 'i operation shall be established or con- -, ducted within 500 feet of the nearest ' highway right-of-way of State, pri- mary or secondary roads. 6. Advertising structures and signs must imeet State Requirements. 7. Overnight Camps and Hunting Camps 0; are permitted if built within 1000 feet of a State Primary or Secondary .• Road, must conform to the Collier E County Building Code. i� i 8. No trailers or Mobile Homes shall a be parked within 500 feet of a State Primary or Secondary Road unless I' in a Commercial Trailer Park, or an :; area zoned R-4 (Mobile Home Dis- trict. . : B. AREA REGULATIONS: 1. No permanent building shall. be closer ,II ',' than 25 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 li I (land line), except where said sec- tion line crosses a subdivision where 11. provisions for streets have been ,.! made. j USE REGULATIONS: ' 1 GENERAL PROVISIONS - AND EXCEPTIONS I I: 38 ;f ti ,'x • • • • • • • • ' t ■ :; , t mss I i 1 t 1r a %- , • r � _ I Y. t .p f WALTER L. KELLER ARCHITECT ZONING REGULATIONS COLLIER COUNTY, FLORIDA 1/ Section: Studies/Reports Y COMMISSIONERS Zoning Reaulations - 1969 Sr Chairman ., _ , Vice Chairman #`� ____i /'rc DATE ISSUED TO £SS $cr eetp j K.AIINING COMMISSION iokalee Area Planning Commission gran G. Royals, Chairman Sow Heath, Vice Chairman R. Er Black, Secretary Charles F. Keene Clarence E. Jernigan —__ edolws, Inc. — Tampa/Atlanta owe°Re-oaa A nsum mote x` '• �t� ` ' y a 69 N ,,._. 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 part 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 are 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 - (3) A mobile home 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 Deportment, 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 road 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-of- way line or 500 feet from any federal highway right-of-way line. 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) 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 line. 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 ' 110 rural areas of the County against premature, inappropriate, and sub-standard - 80 - urban development. Principal and Provisional uses allowed in this district are less restrictive than in A-1 Agriculture District. 2. USES PERMITTED: No building or structure, or part 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) Farming, 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 muitiple-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 home 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 and 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 - r: • (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 inexcess of 10 each of such animals; stock yards, slaughter houses, meat packing plants,canningand 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 ontmol 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 average between front and rear lot lines. • - 82 - 5. MINIMUM YARDS: A. Front yard-50 feet. B. Side yard-30 feet. C. Rear yard-SO 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 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 Supplementary District. 1. DISTRICT PURPOSE: There are many acres of land, in Collier County, used exclusively for farming 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 farming 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-1 -FL'. Lands may be placed in or removed from the 'FL' zone in the some manner as ony 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 at a 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 bedeemed 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 space. 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 some 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 law, 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 EXHIBIT "E" ROAD EASEMENT FORM DRAFT This Instrument Prepared by and Return to: Patricia Lalchia,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 BOUNDARY SURVEY & SKETCH & DESCRIPTIONS mlarmemr 4 If .. {,F u a - I m of max the t flergo) nc ,I <. ,,�^r,. •., C f�._rw„ FOLX'I f OOMYEO004 ti g - WEST LINE OF THE NW 1/4 SECTION 15 '- \p # � � _ _ N00°20'05`E 2775.82' �' — -- I �/� - � _. .—_. _ _ —._ _ ._ `S00°20'05'W 2445.82' ,` N00°20'05"E 330.01' I o\ I 9j! !!!;it' ' -OHE OME OHE -OME-- OHE °----- OMIE —ey p-1 a X `n S I . m n ,:s„, u�N ! 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G 8 p c Ig P f• y g ® S ''a iz Qt5 341 4 --t- I 8 Czi Al 1 y 6a F I m X b 41 a®o d BBn m iE a gI ° ee R 4 u 4 A r IIII\l z 4!Iti ' la i Igu8 7 0 p lg p .g Riga-=R B>>8 d AP 0,A o 1.41i1 i! 51,W uli " ..,/ i y " a .2 M t __--_ — I ,S s aV will 411di "� d� Z2 B3 p 03 pE( n ( ION "a igo g ----- ------- I _ �i COWER BOULEVARD(STATE ROAD 585,1 OvB �'^ me MARX.A.Mx r.o.ur.wa aXROX aww-n„I —--— — n I I 8 n 2 Y REVISIONS M �. z n y o === LCEC BELLE MEADE LEE COUNTY g ,I = E m 1 g j j ELECTRIC COOPERATIVE g N a N == SUBSTATION LOT SPLIT .1 ; PETITION DRD-PL20130002648 PETITIONER'S ENGINEERING OVERSIZED ORIGINAL SITE IMPROVEMENT PLANS FOR LCEC BELLE MEADE SUBSTATION LOT SPLIT SHEET NO. C-01 SHEET NO. C-02 ARE ON FILE AND MAY BE VIEWED IN THE BOARD'S MINUTES AND RECORDS DEPARTMENT ZVL-PL20140000487 8/14/14 Teresa L. Cannon Westview Plaza PUD From: Reischl, Fred Sent: Friday,July 18, 2014 9:52 AM To: Minutes and Records Cc: Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia; Bosi, Michael; Bellows, Ray;Wells, Laura Subject: Ad Request ZVL-PL2014000 Westview Storage Attachments: NDN ad.docx; NDN ad SIGNED.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. A map is not required for a PUD Comparable Use Determination. Thanks! -Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 July 18, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014,and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followirapLi ALL Invoices;. DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorized.l esignee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,Fl 34104,to consider: PETITION NO. ZVL—PL20140000487 — 3603 Westview, LLC requests approval 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 in the Westview Plaza PUD, Ordinance No. 83-45, as amended. The subject property is Lot 4, Westview Plaza Replat, within the Westview Plaza PUD, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. [Fred Reischl,AICP, Principal Planner] AR interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Teresa L. Cannon From: Rodriguez, Wanda Sent: Friday,July 18, 2014 9:58 AM To: Reischl, Fred; Minutes and Records Cc: Neet,Virginia; Bellows, Ray Subject: RE:Ad Request ZVL-PL2014000 Westview Storage The ad looks good, OK to proceed. Wanda Rodriguez, MCP Advanced Certified Paralegal- Office of the County .Attorney (239)252-8400 From: ReischlFred Sent: Friday, July 18, 2014 9:52 AM To: Minutes and Records Cc: Patricia L. Morgan; RodriguezWanda; NeetVirginia; BosiMichael; BellowsRay; WellsLaura Subject: Ad Request ZVL-PL2014000 Westview Storage Please process the attached and acknowledge receipt at your earliest convenience.Also, please send confirmation for approval prior to processing. A map is not required for a PUD Comparable Use Determination. Thanks! -Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 #076397 July 18, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: ZVL-PL20140000487, Westview Plaza PUD Dear Legals: Please advertise the above referenced notice Friday, July 25, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450046717 July 18, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 25, 2014, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, Fl 34104, to consider: PETITION NO. ZVL—PL20140000487 — 3603 Westview, LLC requests approval 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 in the Westview Plaza PUD, Ordinance No. 83-45, as amended. The subject property is Lot 4, Westview Plaza Replat, within the Westview Plaza PUD, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. [Fred Reischl, AICP, Principal Planner] All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon To: Naples Daily News Legals Subject: ZVL-PL20140000487, Westview Plaza Attachments: ZVL-PL20140000487 (HEX).doc Legals, Please advertise the attached Legal ad on Friday,July 25, 2014. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, July 22, 2014 3:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASB635 jpg Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 lmmokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 07/22/14 Publication NDN Account Number 787098 Ad Number 2031370 Total Ad Cost $264.80 1 NOTICE OF PUBLIC" HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HE' ) at 9:00 A,M., on ursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North th Horseshoe Drive, Room 609/610, Naples, Fl 34104,E to consider: PETITION NO. ZVL-PL20140000487 - 3603 Westview LLC requests approval 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 i n the VVestview Plaza PUD, Ordinance No. 83-45, as amended. The subject property is Lot 4, Westview Plaza Replat, within the Westyiew Westview Plaza PUD, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. [Fred Reischl, AICP, Principal Planned All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final orl the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which regard includes the testimony and evidence upon which the appeal is to be based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management De artrner t located at 3335 Tarnia rni Trail East, Suite #101, Naples, Florida 34112- 5356. (239) 252-8380, at least two days priolr°to the meeting. Mark Strain, chief Hearing Examiner Collier Coun , Florida July 25, 2014 2031370 Teresa L. Cannon From: Neet, Virginia Sent: Tuesday,July 22, 2014 3:46 PM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez, Wanda Subject: RE: Ad Confirmation The ad proof matches the ad request and looks good. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday,July 22, 2014 3:38 PM To: NeetVirginia; ReischlFred Subject: FW: Ad Confirmation Please review asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Tuesday,July 22, 2014 3:35 PM To:Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com 1 Teresa L. Cannon From: Reischl, Fred Sent: Wednesday, July 23, 2014 7:47 AM To: Teresa L. Cannon; Neet, Virginia Subject: RE: Ad Confirmation Looks good! Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday,July 22, 2014 3:38 PM To: NeetVirginia; ReischlFred Subject: FW: Ad Confirmation Please review asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday,July 22, 2014 3:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 07/22/14 Publication NDN Account Number 787098 Ad Number 2031370 Total Ad Cost $264.80 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, July 23, 2014 8:24 AM To: Teresa L. Cannon Subject: RE: Ad Confirmation Thanks Teresa! Released for publication... Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday,July 22, 2014 3:48 PM To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday,July 22, 2014 3:35 PM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication on 07.25.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 07/22/14 Publication NDN Account Number 787098 Ad Number 2031370 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE : 076397 59751629 NOTICE OF PUBLIC H NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING State of Florida Notice is hereby given that a public hearing will be held by the Collier County County of Collier Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the y Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Before the undersigned authority, persc Naples,Fl 34104,to consider: appeared Daniel McDermott, on oath says PETITION NO. ZVL-PL20140000487 - 3603 Westview, LLC requests approval of a tI' 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 serves as Inside Sales Manager of the Nac Indoor. Storage is comparable in nature to other permitted uses in the Westview Plaza PUD, Ordinance No 83-45, as amended. The subject property is Lot 4, News, a daily newspaper published at Westview Plaza Replat, within the Westview Plaza PUD, in Section 1,Township 50 Naples, in Collier County, Florida: that South,Range 25 East,Collier County,Florida.[Fred Reischl,AICP,Principal Planner] All interested parties are invited to appear and be heard. All materials used in attached copy of advertising was publishe presentation before the Hearing Examiner will become a permanent part of the newspaper on dates listed. record. Copies of staff report are available one week prior to the hearing. The file can be Affiant further says that the said Napi reviewed at the Collier County Growth Management Division, 2800 North News is a newspaper published at Naples, Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person Collier County, Florida, and that the sai decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record newspaper has heretofore been continuous) of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and published in said Collier County, Florida evidence upon which the appeal is to be based. day and has been entered as second class i If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision matter at the ost office in Naples, of certain assistance. Please contact the Collier County Facilities Management P P in si Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- Collier County, Florida, for a period of _5356,(239)252-8380,at least two days prior to the meeting. next preceding the first publication of tI Mark Strain, Chief Hearing Examiner attached copy of advertisement; and affiar;�01ZSZO;;'FI°rida No 2031370 further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/25 AD SPACE : 80 LINE FILED ON: 07/25/14 Signature of Affiant + II Sworn to and Subscribed fore m= t ' s day of 2� 20 /�-f- Personally known by me ,t✓ , • .. Y'Pfj,.. CAROL POLIDORA ,. = MY COMMISSION#EE 851758 EXPIRES:November 28,2014 ': pF,,,,, Bonded Thru Pichard Insurance Agency OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM AUG�1 �V C_Jj`? TO: Minutes & Records, Clerk of Courts ByA- FROM: Wanda Rodriguez,ACP /- DATE: August 20, 2014 RE: Hearing Examiner Decision(s) from August 14, 2014 Attached are the signed HEX decisions from the Hearing Examiner hearing on August 14, 2014. Attachments: HEX No. 2014—20 HEX No. 2014—21 HEX No. 2014—22 HEX No. 2014—23 HEX No. 2014—24 [05-00A-01253/813782/11744 HEX NO. 2014 —20 HEARING EXAMINER DECISION PETITION NO. PUD-CUD—PL2014000487—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. DATE OF HEARING: August 14, 2014. STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby affirms the Planning and Zoning Department's PUD Comparable Use Determination relating to Petition No. PUD-CUD—PL2014000487, filed by Anita Jenkins, AICP, of J.R. Evans Engineering, P.A., representing 3603 Westview, LLC 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, on the property described therein, as stated in the PUD Comparable Use Determination zoning verification letter attached as Exhibit"A". ATTACHMENTS: Exhibit A—PUD Comparable Use Determination PUD-CUD-PL20140000487 LEGAL DESCRIPTION: See Ordinance No. 83-45, the Westview Plaza PUD. [14-CPS-01320/854411/1112 1 oft APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. S - (1 -20 ( y 4 Date M. ■ Strain, Hearing Examiner Appro d as to fo and legality: Scott A. Stone Assistant County Attorney [14-CPS-01320/854411/1]12 2 of 2 Exhibit "A" Page 1 of 2 Co �r �..ol41-aty Growth Management Division Planning & Zoning Department April 17, 2014 Anita Jenkins, AICP J.R. Evans Engineering, PA 23150 Fashion Drive Estero, FL 33928 Re: PUD Comparable Use Determination PUD-CUD-PL20140000487; Westview Plaza PUD, Indoor Storage, Collier County, Florida, Folio Number 81570160004 Dear Ms. Jenkins: Thank you for your request for a PUD Comparable Use Determination. The subject property is zoned Planned Unit Development (Westview Plaza PUD), Ordinance No. 83-45. You requested a determination that indoor storage is a permitted use in the subject PUD. 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. 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. 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. Your request will be forwarded to the Hearing Examiner for affirmation of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the Hearing Examiner. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Exhibit "A" Page 2 of 2 Should you require further information or have any questions, please do not hesitate to contact me at(239) 252-4211 or fredreischl @colliergov.net. Researched and prepared by Reviewed by: • ?-a..9 6. Fred Reischl. AICP, Senior Planner Ram V. Bellows. Zoning Manager Y 9 9 Planning & Zoning Plannin6 & Zoning cc Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking 18DN Friday,July 25,2O14a? NAPLES DAILY NEWS NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, August 14th, 2014, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,Fl 34104,to consider: PETITION NO. ZVL-PL20140000487 - 3603 Westview, LLC requests approval 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 in the Westview Plaza PUD, Ordinance No. 83-45, as amended. The subject property is Lot 4, Westview Plaza Replat, within the Westview Plaza PUD, in Section 1,Township 50 South,Range 25 East,Collier County,Florida.[Fred Reischl,AICP,Principal Planner] All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL. • The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Suite#101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No 7031370 July 25 2014 AGENDA ITEM 4-E CoTTer County STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT HEARING: AUGUST 14, 2014 SUBJECT: PUD-CUD-PL20140000487, WESTVIEW PLAZA PUD COMPARABLE USE DETERMINATION PROPERTY OWNER/AGENT: Owner: Wolfgang Liebig, Manager 3603 Westview, LLC 1111 Galleon Drive Naples, FL 34102 Agent: Anita Jenkins, AICP J.R. 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 --MAW Atio10-44.0.-41114— I ^�. , a.•rrT .r11 I i c ____ i _ 1 rr .y r! II I i --T 1"1""""'"Ier; 1 I CPUD' I F ' t , r uvtc ?NCO . •a u i 1 ) 1 I I `J ' i 1 I , ` 1 I PUD' i i 7 RQCE.CY AUT0110,U5 I ! I a III 1 11 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) East: Donna Street ROW; across which are residences, zoned RSF-3 South: Gail Boulevard ROW; across which are residences; zoned E West: Industrial development; zoned I 1 yen.+. Ems _Ira 'T '� 1 ,.};. fit/ it,.1 1 1 Ae' .� f ar _ _ .. T 4.. � ar m.i° t~. k ^f 'v ,1, Aerial(CCPA) 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". Staff's 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 Plaza PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition PUD-CUD- PL201400000487 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 FRED REISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: RAYMdND V. BELLOWS DATE ZONING MANAGER 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 Co Her County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 Zoning Verification Letter- PUD Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J &Code of Laws section 2-83--2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): 3603 Westview LLC Address: 1111 Galleon Drive City. Naples State: FL ZIP: 34102 Telephone: (239) 404-2834 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: anita©jrevansengineering.Com PROPERTY INFORMATION l 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 o 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 I SUI3MITTAI.REQUIREMENTS CHECKLIST See Chapter 6 G.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 REQUIRED Completed Application (download current form from County a U Li website) Determination request and the justification for the use ❑ Li PUD Ordinance and Development Commitment information n n U Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all L L] n 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: Li 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. L 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 g-- / Naples, FL 34104 ` 02-28"/V Applicant Signature Date -homas Lieb� Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made 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 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net AFFIDAVIT We/I, WolPyrIq Lj ,V)1 , (`lcr' being first duly sworn, depose and say that we/I am/are the owner of the prdperty 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 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 trequire}d information has been submitted. As property owner We I further authorize ' ' i0 ,is l J E q to act as our/my repr sentative in apy a ters regarding this Petition. Signature of Property Owner Signature of Property Owner 14/ . 1 biy2 Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 25 ' day of ,\.)ne. , 20 I 1 , by l k \ \Qrl3 (-4-e hlq who personally known too me or has produced r(_. F(_ as identifi ation. 4.11 ^irilG..\ 300a.L.k,0 State of Florida (Sign• -re of1�lwts _ County of Collier Florida) "fir= su NAv o =•e :'= MY COMMISSION 8 EE 849306 • EXPIRES:January 25,2017 App ty,, Banded Thu Notary PueIc Undetwriths (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 PL2014-0066 Pre-application Meeting Notes (concurrent with SDP pre-app) PRE-APPLICATION MEETING NOTES &SUBMITTAL CHECKLIST ® SDP ❑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: - 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 Cor 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 T 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 if OF NOT - - -- COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 12 X SDP application(completed&signed) 12 X Site Development Plan(signed &sealed) including cover sheet(LDC 10.02.03.B.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 10.02.02.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 set 1 X School Board Review, if residential 1 X L **TO BE INCLUDED ON SITE PLANS: Native vegetation retention/mitigation plan,Section 3.05.07.B **12 4/y Site clearing plan/vegetation inventory,(LDC 10.02.03.B.1.1.xii,LDC 10.02.03.B.1.d.) **12 4/ If clearing or filling outside infrastructure is requested,differentiate on site clearing plan (using **1 2 hatching and legend)the infrastructure clearing,stockpile, and lot prep clearing as allowed by - -_ _ VRSFP regulations. Provide separate acreage calculations for each type of clearing requested (LDC 4.06.04 A) Aerial photographs(taken within the previous 12 months min.scaled 1"=200'),showing FLUCCS **1 2 X/' Codes, Legend,and project boundary Preserve management plan **12 ✓ ZONING: Boundary&topographic survey (1 of 7 signed&sealed) per LDC 10.02.03.B.1.b.ii.(e) (LESS THAN 6 MONTHS OLD) 7 X Including opinion of title or property owner statement/Affidavit per LDC 10.02.03.B.1.b.11.(e) 1 X Notarized letter of authorization from property owner designating applicant as agent(LDC 10.02.03.B.1.a) 1 X Recorded Deed or contract for sale(LDC 10.02.03.B.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 Cofer 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 - - CIS: Copy of Site Development Plans (DWG or DFX format) on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates(LDC 10,02,03.B,1.b.iii) 1 X LANDSCAPE &IRRIGATION REVIEW: Landscape Plans (signed &sealed), (LDC 10.02.03. B,1.c.)(LDC 4.06) _ 7 X Irrigation Plans(LDC 10.02.03.B.1.c)(LDC 4.06) 7 X ARCHITECTURAL OR NON-ARCHITECTURAL REVIEW: - i For projects subject to Architectural Review: X Architectural plans must be 1/8"scale minimum (signed &sealed),including 1 color rendering, (LDC 10.02.03.B.1.II.f.) including: 6 -✓- Every Façade of each building must-be-shown on Architectural plans - -- - - ✓ Building cross sections or typical wall sections(LDC 5.05.08.C.10 and LDC 05.08.E.3) ✓ Dumpster details:height,material and color(LDC 5.05.08.E.3) ✓ Light pole details or cut sheet:height,material and color(LDC 5,05.08.E.6) ✓ Color paint chips and roof color paint chips or samples (LDC 5.05.08.C.5.a) ✓ Floor plans and building elevations ❑ 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 zoning,establish parking requirements,and show building height measurements meeting Code. Full architectural or construction drawings are not needed. Simple floor plans&building -- -elevations-wt dimensions. This information showing loor-area-by user-is-Intended-only to — - determine that the use is compatible with the zoning,establish parking requirements and show building height meetinq_Code. If the project is not 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. ENGINEERING/STORMWATER: f Drainage calculations signed &sealed by a professional engineer licensed in the State of Florida ./ 3 Estimated cost of construction of Roadways,Paving &Drainage 1 V -. SFWMD permit, permit modification,or wglher(LDC 10.02.03.8.1.1.)including staff report 3 exhibits O-o■ltcL -iv ,_._(..- Engineer's Report with Assumptions&Explanations per Ord. 2001-57 include 25-year 3-day 4 - storm routing -- Excavation permit application 1 vr- N.."--'Hydraulic Grade Line Pipe calculations for culverts 1 Lighting Plan(multi-family) 1 ."---- Engineering Review Checklist Signed by a Professional Engineer I 1 �_ UTILITIES: ,. -' Estimated cost of utilities construction,Water& ewer calculation signed&sealed by a 1 Professional Engineer licensed In the State of Flori a IF COLLIER COU T - Engineer's Report si•ned &sealed, containing the following: ✓ ewer Hydrau ics 3 ✓ Lift station hydraulics to first downstream master station ✓ • • ••1 buoyancy calculations ✓ Chloramine Diss p• • 'epo 1' 0,1 ✓ Fixture Count 'Ct1`1 Water and/or Sewer availability letter C-(11 c p NN(,p, vunAyt. 1 / _ Fixture Count DEP utility installation permits(water/a (LDC 10.02.03.6.1.1.i) 1 / Utility Review Checklist 1 - JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 6 of 34 7 Cacti'. 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 ( TRANSPORTATION: Traffic Analysis 7 _Copy of Traffic Impact Statement(TIS)on CDROM _ 3 X Right-of-Way .ermit application(County/FDOT) 1 ,X ENVIRONMENTAL: //__ ,, /�� _ Environment Impact Statement—printed copies l Vl'f Cl,�/ b')f _ 2 ✓ Environment Impact Statement in electronic format (Planner,Environmental) 2 _ Original conservation easement document including signed and sealed legal description and boundary survey for preserve—include protective language, sketch and description in 1 construction plans;contact review staff for current version (attach cover letter to documents) ,�� _ _ _ Listed Species Survey;_less than 12_months_old. Include copies of previous surveys _ _ _ 2. _. . 2_ _.c5167YWv1C/DS17t-VArif Vegetation Removal &Site Fill Permit application 1 X USACOE permit and exhibits,(LDC 10.02.03.8.1.1.) 1 Approved wetland lurisdictional lines(less than 3 years old) 1 Agency accepted UMAM/WRAP scores 1 X FIRE: Fire Flow Test from Fire Department(no more than 6 months old),(LDC 10.02.03.B.1.b.ii.(d)(ii) 2 X Location of existing and proposed fire hydrants 2 X _ 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.B.1.11.d.) PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF THE SITE PLANS 2 X COA: Completed Certificate of Adequate Public Facilities Application(LDC10.02.07jncluding the a application fee and estimated Transportation Impact Fee calculations. 2 Review by Utility Billing is required for verification of trash container requirements X _ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas; Applicant must contact Mr. Gerry J.Lacavera,State of Florida Division of Forestry @ 239-690-3500 for information regarding"Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)Lc. Affordable Housing or Economic Development Council Projects: ❑ EDC"Fast Track" must submit approved copy of official application 2 ❑ Affordable Housing "Expedited"must submit co of signed Certificate of Agreement. School Concurrency—School Impact Analysis Application, residential pro)ects only 1 2 MISCELLANEOUS: Other required permits: . 1 ❑ 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# ❑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 C O CY 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 Notes required on the SDP: a, Exotic vegetation as defined by the Collier 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: p r� f-n't W� "i n y_sz r_t)) e'_y -- k- ). \0AcA2 C rJV..�FJ n.ik- • J-L. 1:-, i - / 3/a ' C-Ov. - ) , .iA'' , _ / JNcLu T S nAiarrAto tilipmiuti ' if (11(42fc- - ctiiii or t-4kc75 •—Mf -. PaPvt P( u -I la-,1L PI- A1/41L-01ei7y ri Ct'y & /10 1A,1 itPPLA jc, co y 4pplIAim4 (? Qul/1,0 Auc't Zv f4 eCc' / 04/1" (- US 4-6 via j S)CV(in(.0 v rup\ cc,Pul. �. -1c ry h c S' s — `c v �. .� 2 �r \v\\ v "V` iF41\-.,\,k..5 t_ \i\ � A:5 l 0,-)c'� b ..c� c��, -t' �.°l o 4-- Sp f., c\ . \n)ARtVD,v,5 RAITc.. D,`�s es-� .0vr5 ,W(■017' C,rz - 14 .aL Qs . -°\) 4%)f\ak P 0-0-:\--, 4\v, _-C- __ Fcgn ov; . #wq-rE. s wa/2 --P4d iee.5 - ?6TER--5.12(4441 441,J OA r E2 ..`awyeAc-J'� tee o% elti,.'ar d f°y C/d 1(l4P/Es. Yjte -Zitice imMAc-7L�c cieitr n.'l�L 6d P'/ew.cm 4 r'/d�/s Aer..,'74,asc, /`'4'n 42a)/ 1 �}.Q a,,- .-c-44 A1r,, ar / . ck)S7P?-5-5-V•3 JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 8 of 34 , , / ± LeH e, PA.e.deA,v- - Ai. .,- - - - _ ___ -- _- ------ _. ___.(_3. 05,07,1-11),, P,71.14,0,4)-...__e , • • ,. I P(-(&?-4 7) ._ _ r .I/ dr bq ___ _e_4-_,-.4( .1/L-f-c ,egit7_L-czci(z,_("D_g10 i t 1 1 li r _ . .. ._ - _ ---...._-_ 4i_ . .. !l PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Pa�e 9 of 34 • - — ---GAIT T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 I PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 ` www.colliergov.net 1 ' I IFee Calculation Worksheet- Site Development Plans 1 SDP Review Fees: ❑ Residential only: $5,000.00 Plus$100 per residential structure, plus $40 per dwelling unit $ Number of Buildings: Number of Dili: ® Non-residential only: $5,000.00 Plus $200 per non-residential structure, plus $0.10 per sq.ft. $, Number of Buildings: Total Square footage: ❑ When a building consists of both residential and non-residential uses, the fees shall be calculated as follows: $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.ft. x$0.05) $ D $200 Fire review $ SDP Amendment Review Fees: Base fee$2,500.00 ❑ Residential only: $2,500 Plus$100 per residential structure plus $40 per dwelling unit $ Number of Buildings: Number of D/U: ❑ Non-residential only: $2,500 Plus$200 per non-residential structure, plus $0.10 per sq. ft. $ _ Number of Buildings: Total Square footage: ❑ When a building consists of both residential and non-residential uses, the fees shall be calculated as follows: $2,500.00-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) $ ❑ $150 Fire review $ P .:1 : . , •.l . . - . " •. . . I *.s ed• I1 - - ., : ■ C, Construction document review—0.75% of probable water/ -we• construction costs [ Cost Estimate$ $ Construction inspection—2.25%of probable water/ ew construction posts . Cost Estimate$ f,�"' c'• '1 $ el Construction document review—0.75%of probable roadway, paving &drainage construction costs Cost Estimate$ $.- [ Construction inspection—2.25%of probable roadway, paving &drainage construction costs Cost Estimate$ $ ❑ $20 Environmental Health Review Fee, if applicable $ grease trap,septic tank or underground storage tank) $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 :($3,000 maximum) • ' �„ •• - :: _•e I!: : - < t. - • - = : - - ,. ,tr rat/on review fees)$ • Right-of-way Permit—Submitted directly to the Transportation Dep . wi ,r-pplicable fees (774-8260) titles Utilities Modeling and Analysis Fee-$1,000 (per Resolution No. 08-53), applies only if zoned UD DRI $ JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 10 of 34 Coffer 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 .Q her ees ❑ $2,500 Environmental Impact Statement review $ ❑A1000.00 Listed or Protected Species survey review fee (when an EIS is not required) $300 Conservation Easement application fee plus the following additional site fee: $200.00 for CE acres less than 5 acre_, PPW$400.00 for CE area between 5 acres and 10 acres;$600.00 for CE area greater than 10 acres and less than 20 acres; $800.00 for CE areas between 20 and 50 acres; and an additional$200.00 for every 40 acres of CE area over 50 acres. $ I it] COA application fee$200+$25 per D.U.or per 1,000 sq.ft.commercial($5,000 max.) $ ❑ Excavation Permit Fees(see next page for calculations) $ Fee Subtotal:_ - $. - _ _ Pre-application fee credit, if applicable _$ (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.) : Total Fees Required $ (Make checks payable to Board of Co. Commissioners or BCC) Additional Review Fees for SDP (resubmittals): 3rd Review = $1000 _41-Review=11500-- --- 5th Review = $2000 6th and subsequent reviews = $2,500 Additional Review Fees for amendments to SDP (resubmittals): 3rd Review = $1000 41 Review= $1500 5th and subsequent reviews = $2,000 Additional Review Fees for Insubstantial Change to SDP (resubmittals): 3rd Review = $1000 4th Review = $1500 5th and subsequent reviews = $2,000 Additional Review Fees for EIS (resubmittals): 3rd Review= $1000 4th and subsequent reviews = $ 500 JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 11 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.colliergov.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 staff's 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-ServicesDepartment staff attending meeting per epplicanfrequest, $75.00 per'/ 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'/2 hour thereafter. JUNE 2011 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 12 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.colliergov.net EXCAVATION REVIEW FEES REVIEW FEES: ❑ Private: $400.00 ❑ Commercial: $2000.00 n Development: $400.00 ❑ 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 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-22-1-11-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 Corer 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.colliercov.net VEGETATION REMOVAL & SITE FILL REVIEW REQUIREMENTS: 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 ftr 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 SDP/SIP DATA TABLE, RECOMMENDED FORMAT ,Zoning,Subiect Properly&Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N I(Industrial) S Gail Blvd ROW,then E(Estates) E RSF-3 (Residential) W - PUD(Westview Plaza)- - -• - - - . _ _ - Setbacks, Interior Lots (example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD #1 (N*) 15'or 1/2 BH(BH = 30) 15.5' SIDE YARD#2 (S) 15'or 1/2 BH (BH = 30) 25' REAR YARD 25' (PRESERVE SETBACK**) 25' Setbacks, Corner LotsjLots having more than one street frontage (example) _. —-SITE-DAT-A - —REQUIRED -PROVIDED - - -- - - ... -- -- FRONT YARD #1 (NE*) 25' 25.5' FRONT YARD#2 (SE) 20' (REDUCED 2ND FY SETBACK 20' - PER PUD DOC,SEC 3.4.5**) SIDE YARD #1 (SW) 15' 5.5' SIDE YARD#2 (NW) 15' 30' * Use closest corresponding compass point: N, NW,S,SE,etc. ** Explain special yard requirements or allowances & cite PUD document where applicable Separation of structures (example) REQUIRED PROVIDED 15' 17' or 15'or 1/2 sum of building heights (SBH) 1 20'(SBH =40', 1/2 X 40' = 20') Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft 1,850 sq ft s-. 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PL2014-0066,Westvlew Plaza PUD Comparable Use Determination 08/04/2014 Page 18 of 34 Westview Plaza PUD Comparable Use Determination PL2014-0066 -- Westview Plaza PUD Ordinance 83-45 . li . i i � s • 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-1 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 AIRPORT ROAD; AND PROVIDING AN EFFECTIVE DATE: • `• 11 WHEREAS, Poet, Buckley, Schuh 8 Jernigan, repreaentirg) .n▪ Ii , Strom and Harvey, petitioned the Board of County Commisaiohere to, 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: 4 SECTION ONE: r The Zoning Classification of the herein described real property f. located in Section 1, Township 50 South, Range 25 East, Collier County, Florida is changed from C-1 to "PUD" 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, Number 50-25-1, as described in Ordinance 82-2, is hereby amended accordingly. • booK 017 r 229 4-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 19 of 34 N! I 111.��i..i.���.u��i..��wss�+�11 f . ,.::.— ,,,,., • . SECTION TWO: This Ordinance shall become effective upon receipt of notice ∎, that is has been filed with the Secretary of State. DATE: August 16, 1983 BOARD Of COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA ATTEST: BY: -1'/ WILLIAM J. REACAN, C • MARY- NCES KRUSE, C IRMAN f/>•,/ i !'LI(C erago _l v i PUD Ordinance t 1- STATE OF FLORIDA ) OOUNIY OF COLLIER ) ' I, WILLIAM J. RF.AGAN, Cleric of Courts in anc' for the 11ceitieth Judicial Circuit, Collier County, Florida, do hereb- certify that the foregoing is a true original of: ORDINANCE NO. 83-A5 which was adopted by- the Board of County Commissioners during Regular Session the 16th day of August, 1983. .,. 1TI'INFSS my hand and the official seal of the Board of County Coo- - missioners of Collier County, Florida, this 17th day of August, 1983. WILLIAM ,A'V 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 Commissioners acknowledgement of that filing received this day of Aug. 1983. iiLLL i J. RE I 4.-- rr�B+'_../._er i sy g a� .`.,ff` .1 % . I IMP n LOOK •017 PACE 230 r. r 4 . '-0066, Westwiew Plaza PUD Comparable Use Determination 08/04/2014 b�a6g'2b of 34 11131F021 M,P4 ice... • • .a i { • PLANNED UNIT DEVELOPMENT DOCUMENT FOR WESTVIEW PLAZA 11/ Prepared By: Post, Buckley, Schuh d Jernigan, Inc. Naples, Florida Date Issued: • Date Approved By CAPC: Date Approved By BCC: (7--44.24d-4. //F> BOOK 017 rAcE231 4-0066, Wetview Plaza PUD Comparable Use Determination 08/04/2014 Page 21 of 34 i 3 TABLE OF CONTENTS V SECTION I: LEGAL DESCRIPTION 1. t` SECTION II: COMMERCIAL DEVELOPMENT REGULATIONS SECTION III: DEVELOPMENT COMMITMENTS SECTION IV: EXHIBITS , L ti .y. Y' a i' r t. •b • 1 c f i i t• 0 000K 017 DACE , s ! 4-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 22 of 34 CF"---i • • SECTION 1: LEGAL DESCRIPTION s 1.1 LEGAL DESCRIPTION OF THE PUD PARCEL • All of the South 4 of the Northeast h of the Northwest k 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 Westview Plaza, as recorded in Plat Book 13, Page 50, of the Public Records of Collier County, Florida. 1',n t ' ., • j a "t } • _1- eooK 017 rAcE233 2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 23 of 34 SECTION II: COMMERCIAL DEVELOPMENT REGULATIONS 2.1 PURPOSE . l The purpose of this section is to set forth the regulations for the development of the proposed 20.37 acre Planned Unit Development known P. as Westview Plaza. Y • 2.2 PERMITTED USES AND STRUCTURES, SUBJECT TO SITE PLAN REVIEW No building or structure, or part thereof, shall be erected, altered h or used, or land or water used, in whole or in part for other than k. 4- 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. Business and professional offices (including retail) 7. Cemeteries and Mausoleums (human or pet) 8. 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 13. Delicatessens 14. Drug stores 15. Electrical supply stores 16. Financial institutions 17. Florist shops 18. Food markets 19. Funeral homes 20. Garden supply stores 21. Gift shops 22. Gourmet shops 23. Hardware 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- tal, hearing aids, medical instruments, computer components, etc. 26. Hobby supply stores 27. Ice cream shops . 41111 -2- L2014-0066,Westview Plaza PUD Comparable Use Betgad> 34 08/04/2014 Page 24 of 34 t-, ti • 28. Interior decorating showrooms 29. Jewelry stores 30. Laboratories, provided that: � a) No odor, noise, chemical discharge, etc., detectable f;. from off the premises are generated; b) All work is done within enclosed structures; and r: 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) 46. 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 1) Front Yard - Fifty (50) feet 2) Side Yard - Fifty (50) feet r •. 3) Rear Yard - Fifty (50) feet -3-, 017 PACE 235 -0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 25 of 34 • • , it 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. • 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. 2) 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: 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 MINJIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS s As required by the Zoning Ordinance in effect at the time of application for building permits. 2.6 MINIM1.i 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 LIGIHTING Lighting facilities shall be arranged in a manner which will protect roadways aid neighboring properties from direct glare or other interference. -4- pox 017 q c 236 •L2014-0066,Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 26 of 34 ▪ - 71,..„ 4 a t i7 ss.t S r; r: t • ' K �3f�n 11:1107,4114`1.:2;:: • • al ' t a 2.9 MERCHANDISE STORAGE AHD DISPLAY 4 There shall be no outside storage or display of merchandise. • >.t iY Y • • • A. M -5- eooK 017 rgE237 -0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 27 of 34 • • SECTION III: DEVELOPMENT COiihiITMENTS 3.1 ADDITIONAL DESIGN REQUIREMENTS �• 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 consistancy and con- },: tinuity within the project as well as with the character of the surrounding residential neighborhood. •:i 3.2 LANDSCAPE BUFFER STRIP The developer will provide a landscaped buffer strip, not less than 10-feet in width, which will achieve eight (8) feet in height and 8U% opacity with- in 12 months of planting, along the southern and eastern property lines. is 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 and all traffic signals shall be owned, operated and maintained by Collier County. A '• 3.5 BUILDING CONSTRAINTS • Each commercial lot shall be limited to a fifty percent (50X) 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.e. • `6- vox 017 fACE 238 2014-0066, INestview Plaza PUD Comparable Use Determination 08/04/2014 Page 28 of 34 +ir+ier3 :::j y 3.6.b. Site Plan Review Prior to the issuance of building permits for each parcel, an individual site plan shall be submitted to the Zoning Department r for their review and approval. • • . ,i 9. • .i: •+n' Ay: rt eooK 017 PACE 239 0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 29 of 34 1` 11 . I 7 i SECTION IV: EXHIBITS l 4.1 PURPOSE AND INTENT ?! The Master Plan (Exhibit 4.1) is a visual representation of the pro- posed Hestview Plaza commercial PUD. This plan is not intended to 1 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. .r. M rr .1. ♦# a 1 i eooK 017 racF 240 • -8- PL2014-0086, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 30 of 3 , Nti►t►id RECORDER'S IdEHOt Legibility r'''' of writing, Typing or Printing unsatbsfaotory Id this document • if when received. ..y lf, a 4Ie' I 1 f t 1 ' j ill.` i(!i. i L i ) l I= Z---•..tom 1 . ...] 1 1 A ;•ill 1 ——All,- --,c.. ,. , 4-, i.,::-...._1„,--, ...- -3,-.._ThEr.--q...-1-:-=.9 • -::il'.rriKirrri ; ' I. 1 • • i I! ) S; i ►I !WI, . .1 r // .1,1 I\' 1 ' . /'y i ,I i„ ' I t ' , I I i 1 s_._ tf:`i2—=T,. i4:_:_- --. - .-------+F E , f,— .(_-_ _ _ _,t — •• 1, I , t i. i 'i tE i }i f._.- . -.--.'.---:,7-- 1• II' ' F Iii ` I� � • t 1g i kl.1 r s s ' M11I i( _ _ _ _t,I Ii . . l._.i 11I — lrs.^• ii-- - --ice '� , C • II i! , 1 . I i , . if I`'k i ea E l i I s ' ` `� r . t It it 1, _ : I..a,.a,ar„a.a,.11 IIIIIIIIIIIIIIIIIIHN uaaaanrruunaa (j q�jd,�.�� • 066,WestvieW Plaza ' • omparable Use Det ndf 66 4/2014 Page 31 of 34 Westview Plaza PUD Comparable Use Determination PL2014-0066 -- Comparable Use Determination Analysis Letter 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 Anita@ irevansengineering.com Zleggrtrr is 0, c*a 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 PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 33 of 34 Westview PUD Comparable Use Determination Page 3 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 81h 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, /fs /, Anita Jenkins, AICP Director of Planning PL2014-0066, Westview Plaza PUD Comparable Use Determination 08/04/2014 Page 34 of 34